What is Maryland’s Red Flag Law? 

Generally, in the United States, a red flag law is a measure of gun control that allows police or family members of an individual to file a petition in the court to order the temporary removal of firearms from an individual who may either be a danger to themselves or others.  After considering the under oath petition, a judge decides whether to issue the order based on evidence presented as to why the gun owner/possessor is a danger.  If granted, the guns are confiscated from the gun owner for a set period of time pending further hearing which can extend the period of confiscation after a further hearing on the matter. Maryland now has Extreme Risk Protection Order called ERPOs which is a form of a red flag law. As of March 2020, 18 states and the District of Columbia have passed some form of red-flag law.

Oregon, Washington, Maryland, Vermont, and Colorado all have red flag laws while other States have similar laws known by other names such as Extreme Risk Firearm Protection Orders (ERFPO) (in New Mexico); Risk Protection Orders (in Florida); Gun Violence Restraining Orders (GVROs) (in California); risk warrants (in Connecticut); and Proceedings for the Seizure and Retention of a Firearm (in Indiana).  The specifics of the laws, and the degree to which they are utilized, vary from state to state.

Since the inception of the Maryland red-flag law, the courts reviewed 302 petitions for a gun removal order in the first three months of the State's law; the petition was granted in 148 cases (about half the time). About 60% of petitions were filed by family or household members, one petition was filed by a healthcare worker, and the rest were filed by police. In November 2018, a Maryland man was killed by Anne Arundel County police officers serving a removal order after refusing to surrender his firearms; police said that there was a struggle over the gun and a shot was fired before officers fatally shot the man.

Duncan Lemp was killed by Montgomery County Police officers on March 12, 2020 during the service of what police said was a “high risk warrant” for the possession of firearms by a prohibited person. 

To date, red-flag laws have been upheld against Second Amendment challenges in Connecticut, Florida, and the District of Columbia, although the amount of case law on the subject is limited due to the recent enactment of red-flag laws in the United States.