Maryland Red Flag Laws (Extreme Risk Protective Orders)

Maryland enacted its red flag law through House Bill 1302 (Ch. 250 of the 2018 Legislative Session), signed by Governor Larry Hogan on April 24, 2018, and effective October 1, 2018. Codified at MD Code, Public Safety §§ 5-601 through 5-610, the law created the Extreme Risk Protective Order (ERPO) — a civil court order that temporarily requires an individual to surrender firearms and ammunition and prohibits them from purchasing or possessing firearms while the order is in effect.

Maryland was notably the first state to include health care professionals as authorized petitioners in its ERPO law.

What an ERPO Can and Cannot Do

An ERPO can:

• Temporarily require surrender of all firearms and ammunition to law enforcement
• Prohibit the respondent from purchasing or possessing firearms or ammunition
• Allow the court to refer someone for an emergency mental health evaluation

An ERPO cannot:

• Order a person to stop threatening or committing abuse
• Order a person to stay away from a home, place of employment, or school
• Order a person to have no contact with the petitioner or others
• Serve as a criminal charge (an ERPO is a civil order)

For protective remedies such as stay-away orders or no-contact provisions, petitioners should pursue a separate Peace Order or Protective Order through the District Court.

Who Can File an ERPO Petition

Under MD Public Safety Code Ann. § 5-601, the person requesting an ERPO is the petitioner. The following individuals may petition:

Family Members & Intimate Partners:

• Spouse or cohabitant
• Person related by blood, marriage, or adoption
• Person who has a child in common with the respondent
• Current dating or intimate partner
• Current or former legal guardian

Law Enforcement:

• Any law enforcement officer

Health Care Professionals (who have examined the respondent):

• Physicians (including psychiatrists)
• Psychologists
• Clinical social workers
• Licensed clinical professional counselors
• Clinical nurse specialists in psychiatric and mental health nursing
• Psychiatric nurse practitioners
• Licensed clinical marriage or family therapists
• Health officers or designees of health officers

Who Can Be Subject to an ERPO (§ 5-601)

An ERPO may be filed against any person — including a minor — who poses an immediate and present danger of causing personal injury to themselves or others by possessing a firearm. Factors demonstrating possible risk include:

• Alarming behavior and statements
• Unlawful firearm possession
• Reckless or negligent firearm use, display, storage, or brandishing
• Acts or threats of violence to self or others
• Violations of peace or protective orders
• Drug and/or alcohol abuse, or related criminal convictions
• Information contained in health records

Petition Requirements (§ 5-602)

Petitions may be filed with the District Court during business hours, or with a District Court commissioner when the Clerk's office is closed (available 24/7/365). The petition must be signed under penalty of perjury and include:

1. Information demonstrating the respondent poses an immediate and present danger of causing personal injury to themselves, the petitioner, or another person by possessing a firearm
2. Specific facts supporting the danger claim, with an explanation of how the petitioner knows these facts
3. The number, types, and location of any firearms believed to be in the respondent's possession
4. Supporting evidence of any relevant risk factors (listed above)
5. Health information about the respondent (optional, via the Addendum form DC-ERPO-001B, with appropriate disclosure restrictions)

No filing fees are charged for ERPO petitions. Petitioners acting in good faith are immune from civil and criminal liability (§ 5-602). Notably, the statute provides good-faith immunity for those who file an ERPO, but does not explicitly extend the same protection to providers who elect not to file in favor of another course of action (such as an emergency petition or civil commitment).

An attorney is not required to file or respond to an ERPO, though either party may retain legal counsel.

Three-Tier Order System

Maryland's ERPO law establishes three levels of orders with escalating standards of proof and durations:

1. Interim ERPO (§ 5-603)

• Issued by: District Court commissioner (when court is closed)
• Standard: Reasonable grounds to believe the respondent poses an immediate and present danger
• Duration: Effective until the temporary order hearing — no later than the second business day after the District Court Clerk's office opens
• Effect: Respondent must immediately surrender all firearms and ammunition to law enforcement and is prohibited from purchasing or possessing firearms
• Emergency evaluation: If the commissioner finds probable cause for an emergency evaluation based on the ERPO petition and mental health addendum, they are required to refer the respondent to law enforcement for a determination
• Service: Law enforcement must serve the order immediately and electronically notify the Department of Public Safety and Correctional Services within 2 hours

2. Temporary ERPO (§ 5-604)

• Issued by: District Court judge (after hearing)
• Standard: Reasonable grounds to believe the respondent poses an immediate and present danger
• Duration: Not more than 7 days after service; may be extended up to 6 months for service completion, protection, or other good cause
• Effect: Same surrender and prohibition requirements as interim orders
• Emergency referral: If probable cause exists that the respondent meets emergency evaluation criteria under Health-General Article Title 10, Subtitle 6 (§ 10-622), the judge is required to refer the respondent for emergency evaluation under a temporary ERPO
• Service: No cost to the petitioner; law enforcement must notify DPSCS within 2 hours electronically

3. Final ERPO (§ 5-605)

• Issued by: District Court judge (after hearing)
• Standard: Clear and convincing evidence that the respondent poses a danger of causing personal injury to themselves or others by possessing a firearm
• Duration: Up to 1 year
• Respondent rights: Must be given opportunity to be heard; may consult counsel, testify, and present evidence; hearing scheduled no later than 7 days after service of temporary order (may be rescheduled up to 30 days on request)
• Effect: Surrender of all firearms and ammunition; prohibition on purchasing or possessing firearms
• Emergency evaluation: A judge is authorized (but not required) to refer the respondent for emergency evaluation under a final ERPO
• Court records considered: Criminal history, family law records, mental health records, and prior protective order proceedings

Modification, Extension, and Appeal (§ 5-606)

• A court may modify or rescind an ERPO after notice to all affected persons and a hearing, using the Petition to Modify/Rescind/Extend form (CC-DC-ERPO-006)
• A judge may extend a final order by 6 months upon showing good cause, after notice and hearing
• If a petitioner files for extension before expiration, the court must hold a hearing within 30 days; the existing order remains in full force until the hearing
• Appeals: Both respondents and petitioners may appeal District Court decisions to the Circuit Court; appeals receive de novo review and must be resolved within 60 days

Search Warrant for Non-Compliance (§ 5-607)

If a respondent subject to an ERPO fails to surrender firearms, a State's Attorney or law enforcement officer may apply for a search warrant with probable cause. The court may issue a warrant authorizing search and removal of firearms at any identified location.

Firearm Surrender Procedures (§ 5-608)

When Served in Person

If a law enforcement officer serves the respondent personally, the respondent must immediately surrender all firearms and ammunition to the officer.

When Served by Mail

If the respondent receives the order by mail, they must contact the designated law enforcement agency and arrange for immediate surrender. The following steps must be followed when transporting firearms:

1. Notify the law enforcement unit, barracks, or station that the firearm is being transported in accordance with the ERPO
2. Ensure the firearm is unloaded
3. Transport the firearm directly to the law enforcement unit, barracks, or station
4. Carry a copy of the ERPO that requires surrender when transporting
5. Comply with the law enforcement agency's delivery instructions

Each firearm and ammunition must be surrendered to the designated law enforcement agency for the county or city where the ERPO was issued. Contact information for the designated agency is included with the order.

Custody Requirements

• Law enforcement must issue a receipt identifying each firearm by make, model, and serial number
• Firearms must be transported and stored in a protective case (when available) in a manner designed to prevent damage
• Marking firearms for identification is prohibited
• Respondent must be informed of reclaiming procedures

Firearm Return (§ 5-608)

When an ERPO terminates or expires, the custodial law enforcement agency:

1. Notifies the respondent that they may request return of firearms and ammunition
2. Verifies the respondent is not otherwise legally prohibited from possessing firearms
3. Returns the firearms and ammunition within the following timelines:

Alternative disposition options:

• Respondent may elect to sell or transfer firearms to a licensed dealer or eligible third party
• Respondent may request destruction of firearms
• Third parties claiming ownership may obtain return upon proof of ownership and verification of legal eligibility
• Unclaimed firearms may be destroyed after 6 months

Penalties for Violations (§§ 5-609, 5-610)

Violating any ERPO (interim, temporary, or final) is a misdemeanor:

Additional consequences:

• Temporary and final order violations may result in a finding of contempt
• Law enforcement shall arrest (with or without a warrant) any person they have probable cause to believe is violating an active ERPO (§ 5-610(b))

Confidentiality (§ 5-602)

All court records relating to ERPO proceedings are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause. A reference to the court record will not be included on the Judiciary's Case Search.

The following parties have access:

• Personnel of the court
• The respondent or counsel for the respondent
• Authorized personnel of the Maryland Department of Health
• Authorized personnel of a local core service agency or local behavioral health authority
• Law enforcement agencies
• A person authorized by a court order for good cause shown

Relationship to Other Firearms Restriction Laws

Maryland's ERPO law operates alongside several other statutory mechanisms that restrict firearms possession. Understanding these related provisions is important for concealed carry permit holders:

Categorical Firearms Prohibitions (§ 5-133)

Under MD Public Safety Code Ann. § 5-133, the following categories of individuals are indefinitely prohibited from possessing regulated firearms:

• Persons involuntarily committed to a psychiatric hospital
• Persons voluntarily admitted to a psychiatric hospital for more than 30 consecutive days
• Persons found incompetent to stand trial
• Persons found not criminally responsible
• Persons placed under a guardianship order for mental incapacity (including guardianship of property)
• Persons who suffer from a mental disorder and have a history of violent behavior against self or others

These prohibitions are distinct from ERPOs — they are indefinite rather than temporary, and are triggered by predicate events rather than a petition process. Individuals subject to these restrictions may petition for relief through the Maryland Department of Health, Office of Court Ordered Evaluation and Placement.

Emergency Petitions (Health-General § 10-622)

An emergency petition ("EP") under Health-General § 10-622 addresses situations where a person has a mental disorder and presents a danger to life or safety. While firearms may be seized by police during service of an EP, the ERPO provides a more structured and durable mechanism — patients released from emergency evaluation after an EP may immediately request return of weapons unless an ERPO or other restriction is in place.

Ammunition Prohibition (§ 5-133.1)

Under MD Public Safety Code Ann. § 5-133.1, a person prohibited from possessing a regulated firearm is also prohibited from possessing ammunition.

Impact on Concealed Carry Permit Holders

Maryland concealed carry (Wear and Carry) permit holders should understand the following intersections:

• Under MD Public Safety Code Ann. § 5-306, a Wear and Carry Permit applicant must not exhibit a "propensity for violence or instability" — an active or past ERPO could be considered evidence of such propensity
• An active ERPO prohibits possession of all firearms and ammunition, which makes lawful concealed carry impossible for the duration of the order
• Under MD Public Safety Code Ann. § 5-118, respondents subject to certain protective orders are prohibited from possessing regulated firearms
• Under MD Public Safety Code Ann. § 5-133, persons convicted of violating an ERPO may face additional firearms possession prohibitions
• Maryland does not recognize concealed carry permits from any other state — there is no reciprocity

Federal Funding and Implementation Support

Maryland's ERPO program is supported by federal funding through the Byrne State Crisis Intervention Program (Byrne SCIP), authorized by the Bipartisan Safer Communities Act of 2022 (Pub. L. No. 117-159). This formula-based funding, administered in Maryland by the Governor's Office of Crime Prevention, Youth, and Victim Services (GOCPYVS), supports:

• ERPO program implementation and operations
• Training for those implementing ERPO programs
• Communication, education, and public awareness initiatives
• Law enforcement agencies' costs to safely secure, store, track, and return relinquished firearms

Implementation and Effectiveness

Maryland has been one of the most active states in ERPO utilization since enactment:

• 114 petitions were filed in the first month alone (October 2018), with Maryland showing both a higher petition rate and a higher denial rate than other states in early data
• In 2020, Maryland recorded 476 ERPO petitions, making it one of the highest-usage states nationally
• Of early petitions, only one was identified as being filed by a clinician, despite health professionals being eligible petitioners
• Research at the Johns Hopkins Bloomberg School of Public Health Gun Policy and Research Center has been tracking ERPO usage and outcomes in Maryland

Research on similar laws nationally suggests effectiveness in reducing firearm deaths:

• Connecticut's 1999 Risk-Based Gun Removal Law (the oldest such law in the U.S.) was estimated to have saved 1 life for every 10.6 guns seized
• Indiana's red flag law was estimated to have reduced firearm suicides by 7.5% over 10 years, without an increase in suicides by other means

Practical Considerations

• Petition forms are available online from the Maryland Courts: the Petition for ERPO (DC-ERPO-001) and the optional mental health addendum (DC-ERPO-001B)
• Petitioners must appear at hearings — health professionals should be prepared to testify at up to three hearings (interim, temporary, and final)
• An ERPO is filed at the District Court (clerk during business hours, commissioner after hours) — not at a police station
• In practice, since the ERPO law took effect, some law enforcement agencies have directed families seeking firearm removal during emergency petitions to pursue the ERPO process instead of removing firearms under EP authority

Court Forms

Note: This section covers Maryland law as codified through the 2025 legislative session. Permit holders should monitor the Maryland General Assembly (mgaleg.maryland.gov) for pending legislation and consult the full statutory text at MD Code, Public Safety §§ 5-601 through 5-610 or seek legal counsel for the most current information.