Eastern Shore Counties Use Red Flag Law to Prevent Gun Violence

Maryland’s law allows family members, law enforcement officers, cohabitants, intimate partners, and medical professionals to petition a court for a temporary order to take firearms away from people determined to be a risk to themselves or others. A judge decides whether a temporary seizure is warranted. A subsequent hearing before a judge may determine that a longer seizure is warranted.
Maryland's red flag law was passed with bipartisan support and Governor Hogan’s endorsement after the high school shooting in Parkland, Florida and a fatal shooting at Great Mills High School in St. Mary's County.
According to a Baltimore Sun data analysis, in the two years since the law took effect, this tool to prevent gun violence has been used more in Maryland than in any other state except Florida. Maryland has issued 989 extreme risk protective orders in the past two years; adjusted for population, this amounts to 8.2 orders per year per 100,000 population.
One reason given for the high usage in Maryland is the training that local police departments received before the law went into effect. Montgomery County Sheriff Darren Popkin trained most of the state’s police departments on the law before it was implemented. This training ensured that officers knew how to use the law to prevent gun violence.
Another reason for Maryland’s high usage is the 24/7 court access for protective orders. Because family violence occurs all hours of the day and night, the need for protective orders extends past the usual 9-5 court schedule. Only three states with ERPO laws have this round-the-clock access.
The more populous counties on the western shore have issued more orders, but adjusting for population makes the data comparable across counties of different size. Somerset County has the highest rate of protective orders per 100,000 population in Maryland at 44.9 per year; a total of 23 orders were granted for a population of slightly over 25,500. Cecil County has issued the most orders on the Eastern Shore — 43, which works out to 20.9 per 100,000 population.
At the other end of the spectrum is Caroline County, with a rate of six orders per 100,000 population, the lowest adjusted rate in Maryland (four protective orders and a population of about 33,400). Kent County has issued the fewest orders on the Shore — three (adjusted rate of 7.7).
Gun safety advocates, police departments, researchers, and elected officials think Maryland’s high rate of usage indicates the law is working to prevent potential suicides, violence, and mass shootings.
"There is no doubt in my mind this is saving lives," Sheriff Popkin said in 2018, according to a WUSA9 interview.
Gun rights groups argue the law undermines due process rights. However, the Giffords Law Center reports that “courts in Connecticut, Indiana, and Florida that have heard challenges to extreme risk protection order laws have held that the laws do not violate the due process rights of respondents and/or are constitutional under the Second Amendment. To date, no court has invalidated an extreme risk protection order law.”
As with any law designed to prevent something from happening, it can be difficult to determine the number of suicides that Maryland’s extreme risk protective order law has prevented, the number of domestic shootings that have not occurred, or the number of school shootings that have been averted. But experts in the field are convinced that this law has prevented gun violence in Maryland. And it appears that law enforcement and families are grateful for this tool to prevent gun violence and save lives.
Jan Plotczyk spent 25 years as a survey statistician with the federal government and was a founding member of Kent County Citizens to Prevent Gun Violence.
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