Maryland's New "Red Flag" Law
Before the mass shooting in February 2018 at Stoneman Douglass high school in Parkland FL that killed 17, there were five states with “red flag” laws. Now there are 13, with Governor Hogan signing Maryland’s new law last spring.
Called Extreme Risk Protective Order, or “ERPO,” Maryland’s red flag law allows police or family members to petition a state court to order the temporary removal of firearms from a person who may be dangerous to others or themselves.
Since October 1, when the law went into effect, Maryland’s judiciary has handled almost 200 requests to remove firearms from individuals, according to the Maryland Reporter. These requests resulted in guns being removed at least temporarily in a majority of instances, and longer in at least 36 cases in which judges granted a final order. Most of the requests came from family members and spouses, with fewer than half the requests from law enforcement.
Of the approximate 33,000 firearms-related deaths annually in the United States, 62 percent are suicides and 35 percent are homicides, with the rest from accidents or unknown causes.
Based on its studies, the Educational Fund to Stop Gun Violence also estimates that for every 10 to 20 firearms removed from disturbed or stressed individuals, one life is saved.
Studies demonstrate that risk-based firearms removal laws save lives. Conclusions from a 14-year study in Connecticut show that ERPO-type warrants:
- Reach individuals who have a dangerously
elevated risk of suicide;
- Prevent additional suicide deaths by intervening
in crises;
- Provide safe periods for subjects to obtain
much-needed treatment services; and
- Save lives by shifting suicide attempt methods
from firearms to less lethal means.
(Source, Educational Fund to Stop Gun Violence)
One ERPO in Maryland has resulted in a gun owner’s death. County police in Anne Arundel County serving a red flag order killed a gun owner in Ferndale after he refused to give up his gun and struggled with police trying to take it away. The gun fired during the struggle and one officer then shot him. As reported by the Baltimore Sun , Anne Arundel Police Chief Timothy Altomare said, “the shooting was a sign that the law is needed.” Gun rights advocates called for the law to be suspended or repealed.
An example can be seen in the aftermath of the mass shooting at a Rite-Aid warehouse in Aberdeen Md. just last September. According to the Baltimore Sun , the shooter’s family “were becoming increasingly concerned about her mental state weeks before she [killed] three co-workers,” injured three others, and killed herself. Had her family been able to obtain a red flag order, this work-place tragedy might have been prevented.
In Maryland, an Extreme Risk Protective Order can be obtained by applying to a District Court clerk or commissioner. Go to mdcourts.gov/district/forms for complete instructions.
For more information:
- Educational
Fund to Stop Gun Violence: efsgv.org
- Marylanders to
Prevent Gun Violence: mdpgv.org
- Maryland court
system: mdcourts.gov/district/ERPO
Common Sense for the Eastern Shore




