NBC News interviewed Adam T. Johnson of Lundgren & Johnson, PSC, for its September 7, 2026, report examining Minnesota firearms laws and the court history preceding a fatal Minneapolis shooting.
Written by Shayna Jacobs and Emanuella Grinberg, the report examined the gunman’s prior court record and the legal procedures available under Minnesota law to restrict firearm possession. Adam contributed perspective based on his experience handling extreme-risk protection order (ERPO) proceedings in Hennepin County.
Experience With ERPO Proceedings in Hennepin County
In the report, Adam discussed how the allegations described in the public record compared with conduct at issue in ERPO cases he has handled:
“I’ve had extreme-risk protection orders in Hennepin County that were based on less concerning conduct by a good measure than the conduct at issue here,” Adam told NBC News.
His comments provided a courtroom perspective on one of the issues explored in the report: how Minnesota’s ERPO process operates separately from firearm restrictions that arise from certain criminal convictions.
What Is an Extreme-Risk Protection Order?
An extreme-risk protection order is a civil court order that temporarily prohibits a person from purchasing or possessing firearms. Minnesota’s ERPO law, often called its “red flag” law, does not require a prior criminal conviction before a court may issue an order. The court must instead determine whether the evidence satisfies the applicable statutory requirements. See Minn. Stat. § 624.7172, subd. 2 (2025).
For an order issued after a hearing, the petitioner must establish by clear and convincing evidence that the person poses a significant danger to others or is at significant risk of suicide by possessing a firearm. The statute identifies evidence the court must consider, including a history of threats or violence and the unlawful and reckless use, display, or brandishing of a firearm. Minn. Stat. § 624.7172, subd. 2(a)–(b) (2025).
Emergency orders follow a different procedure. A court may issue an order without advance notice when it finds probable cause to satisfy the statutory requirements, including an immediate and present danger of bodily harm to others or suicide. The statute also provides for a hearing to challenge an emergency order. Minn. Stat. § 624.7174(c)–(f) (2025).
About Adam T. Johnson and Lundgren & Johnson, PSC
Adam T. Johnson is a Minneapolis criminal defense attorney whose practice includes serious felony defense, DWI cases, and criminal appeals. His experience extends from pre-charge investigations through trial and appellate proceedings in Minnesota state and federal courts.
We appreciate the opportunity to contribute to NBC News’s reporting on these legal issues. Our thoughts are with the victims, their loved ones, and everyone affected by the shooting.
Read the full NBC News report by Shayna Jacobs and Emanuella Grinberg, published September 7, 2026. A subscription may be required.