Does Maryland Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Maryland has a red flag law called the Extreme Risk Protective Order (ERPO) that allows family members, police, and certain others to petition for temporary firearm removal from individuals deemed dangerous.
What This Means for You
Maryland's ERPO law affects anyone who owns firearms in the state, including those building their own firearms. The law allows courts to order temporary removal of all firearms from someone's possession based on petitions from qualified individuals. This applies regardless of how the firearms were acquired, including home-built guns.
The Detail
Maryland's Extreme Risk Protective Order law went into effect in 2018 and establishes a legal process for temporarily removing firearms from people who may pose a risk to themselves or others. Qualified petitioners include family members, household members, law enforcement officers, health professionals, and certain others with standing to file. The process typically involves an initial ex parte hearing where a temporary order can be issued, followed by a full hearing where the respondent can present their case.
The law requires petitioners to provide specific evidence of risk, such as threats of violence, acts of violence, or other concerning behaviors involving firearms. If granted, the initial order typically lasts for a short period before a full hearing must be held. At the full hearing, both sides can present evidence and the court determines whether to extend the protection order for a longer period.
During an active ERPO, the affected person must surrender all firearms in their possession to law enforcement or transfer them to a qualified third party approved by the court. This includes any firearms they may have built themselves, purchased firearms, inherited weapons, or any other firearms regardless of how they were obtained. Violating an ERPO by possessing firearms during the order period can result in criminal charges.
The law includes provisions for the return of firearms once the order expires or is terminated by the court. However, the process for getting firearms back may require court approval and compliance with all applicable state and federal laws. Anyone subject to an ERPO should consult with an attorney familiar with Maryland firearms law to understand their rights and obligations.
Build Impact
If you're building firearms in Maryland, an ERPO would require surrendering those builds along with any other firearms you own. This makes proper documentation and storage planning important considerations for anyone engaged in firearms building or collecting in the state.