This article provides an overview of Extreme Risk Protective Orders (ERPO). An ERPO is a court order that temporarily requires a person to surrender any firearms or ammunition to law enforcement and not purchase or possess firearms or ammunition.
Effective October 1, 2018, Maryland has extreme risk protective orders, which is a court order that temporarily requires a person to surrender any firearms or ammunition to law enforcement and not purchase or possess firearms or ammunition. Some people refer to this as a “red flag” law. The court may also refer the person for an emergency evaluation (Md. Code, Health-General 10-620 et seq.).
An ERPO is not the same thing as a protective order or a peace order, and there are limits on what an ERPO can do. Note that although peace/protective orders allow the court to order firearms be turned over, there may be a situation where you file a peace/protective order in addition to an ERPO. In this situation, the peace/protective order petition is one form and the ERPO petition is a completely separate form. Learn more about Protective Orders and Peace Orders.
The “petitioner” is the person asking the court for an ERPO. The “Respondent” is the person against whom the extreme risk protective order is filed.
The law is very specific about who can ask the court for an ERPO. The following people can request the court to issue an ERPO.
The “Respondent” is the person against whom the extreme risk protective order is filed. The Respondent is the person who allegedly poses an immediate and present danger of causing personal injury to themselves or others by having firearms. The Respondent can be a minor.
Factors demonstrating possible risk include:
A Petitioner who files in good faith is not civilly or criminally liable for filing the petition.
For medical professionals, Maryland law provides certain exceptions related to privilege in the case of a ERPO.
Read the law: Md. Code, Courts and Judicial Proceedings §§ 9-109, 9-109.1, 9-121
You can apply for an ERPO by filing a Petition for Extreme Risk Protective Order in the District Court. If the District Court’s Clerk’s Office is closed, then you file the petition with the District Court Commissioner. You will need to appear in court for a hearing after you file the petition.
There are no filing fees or service fees for ERPOs.
The court can, for good cause, extend the term of the ERPO for an additional 6 months.
A final Extreme Risk Protective Order can be modified (changed), extended, or rescinded (cancelled). Learn about how to request a modification, extension, or cancellation of an ERPO.