Keith Mack
In Maryland, the 'red flag law' is a gun law that allows a judge to temporarily remove a person's access to guns and ammunition when there is evidence that the person is an immediate threat to themselves or others. The law came into effect on 1 October 2018, following two major shootings in the state that year. Since then, more than 100 weapons and 35,000 rounds of ammunition have been temporarily removed from people in crisis in Prince George's County.
| Characteristics | Values |
|---|---|
| What is a Red Flag Law? | A gun law that permits a state court to order the temporary seizure of firearms from a person who may present a danger to themselves or others. |
| Who can file a petition? | Family members, certain health professionals, law enforcement, and others. |
| What does the petition need to include? | Specific reasons why the person may harm themselves or someone else, how many guns the person has, and where the weapons are. |
| What happens if someone is lying in the petition? | The petitioner could face perjury charges and jail time. |
| What happens if the petition is approved? | A judge has the authority to take someone’s guns away within hours. |
| How long does an ERPO last? | An interim order lasts until the hearing on the temporary order, which must be held the next day that a judge is sitting in court, or the day after that. A temporary order usually lasts no more than seven days, unless the respondent asks to postpone the final ERPO hearing. A final ERPO will last as long as the judge decides, up to a year. |
What You'll Learn
Who can file a petition?
In Maryland, only a handful of people are allowed to file petitions under the red flag law. These include:
- Spouse or family member
- Someone the person is dating or has children with
- Current or former legal guardian
- Relative by blood, marriage, or adoption
- Current intimate partner
- Certain health and mental health professionals who have examined the respondent
- Law enforcement officers
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How to file a petition
In Maryland, a petition for an Extreme Risk Protective Order (ERPO) can be filed by a "petitioner", who can be a relative by blood, marriage, or adoption; someone with a child or children in common; a current intimate partner; a former legal guardian; a law enforcement officer; or certain medical professionals who have examined the respondent.
If you are one of the people allowed to request an ERPO in Maryland, you can do so by filling out a petition. You will need to provide specific facts, along with any supporting documents, that make you believe the respondent poses an immediate danger of injury to themselves or others by having a gun.
If you want to request an emergency mental health evaluation of the respondent, you may also file an addendum that summarises the respondent's mental health history and any behaviour that is a sign of a mental disorder.
After signing the petition (under penalty of perjury), you'll need to file it with the district court clerk or, if the clerk's office is closed, with a district court commissioner. There is no fee for filing the petition.
You should also come to the temporary and final hearings to make your case for why the judge should issue an ERPO.
You can download all of the forms related to ERPOs—including the original petition and requests to change, extend, or stop ERPOs—on the District Court of Maryland's website. The site also has location information for the court or commissioner in your area.
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What happens after filing a petition?
Once a petition for an Extreme Risk Protective Order (ERPO) has been filed, the petitioner must attend a hearing to make their case for why the judge should issue an ERPO. The respondent (the person against whom the ERPO is filed) will also have the right to attend the final ERPO hearing, testify, and present evidence to attempt to convince the judge not to issue the order. They also have the right to an attorney, though the state will not provide one.
The procedure and level of proof needed vary depending on whether it is an interim, temporary, or final order. At any of these stages, judges or commissioners may refer a respondent for an emergency mental health evaluation if there is reason to believe the legal requirements have been met.
After a petition is filed with the court, a judge will hold a hearing to decide whether to issue a temporary ERPO. The commissioner may enter the order if there are "reasonable grounds" to believe that the respondent poses an immediate danger of injuring someone by having a gun. A temporary ERPO typically lasts until the final ERPO hearing, but not beyond six months.
A hearing on a final ERPO must be held within seven days of a temporary order being served on the respondent. However, the respondent can ask for the hearing to be postponed for up to 30 days. The judge may issue a final order if, after considering all the relevant evidence presented by both the petitioner and the respondent at this hearing, they find clear and convincing evidence that the respondent poses a danger of hurting someone by having a gun.
A final ERPO can last for as long as a year and may be extended for an additional six months for good cause at a subsequent hearing.
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What happens if someone is lying in their petition?
In Maryland, a petitioner filing for an Extreme Risk Protective Order (ERPO) must sign the petition under penalty of perjury. If they are found to be making false claims or embellishing the truth, they could face perjury charges and jail time.
In California, it is a misdemeanour offence for a person to file a GVRO petition "knowing the information in the petition to be false or with the intent to harass". Making false statements on petitions is also a criminal offence in other states. For example, in Colorado, a woman who lied on a petition was found guilty of "attempting to influence a public servant" and of perjury.
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How long does an ERPO last?
In Maryland, an Extreme Risk Protective Order (ERPO) is a court order that temporarily requires a person to surrender any firearms or ammunition to law enforcement and prevents them from purchasing or possessing firearms or ammunition.
There are three types of ERPOs in Maryland, each lasting for a different duration:
- Interim ERPO: This order usually lasts until the temporary ERPO hearing, but not beyond the second business day after it is issued, unless the court is unexpectedly closed.
- Temporary ERPO: This order typically lasts until the final ERPO hearing, but not beyond six months.
- Final ERPO: This order may remain in effect for as long as one year and can be extended for an additional six months for good cause.
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Frequently asked questions
Only a handful of people are allowed to file petitions under the red flag law in Maryland. These include a spouse or family member, someone the person is dating or has children with, and a current or former legal guardian.
A petition must be filed in court explaining the potential dangers posed by the individual in question. Specific reasons, such as how many guns the person has and where the weapons are, must be included in the petition. If approved, a judge has the authority to take away the individual's guns within hours.
The red flag law in Maryland covers this issue. If a petitioner is found to be making false claims or embellishing the truth, they could face perjury charges and jail time.
