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Extreme Risk Protective Orders (ERPO)

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.

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What is an Extreme Risk Protective Order (ERPO)?

An Extreme Risk Protective Order (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. 

Some people refer to this as a “red flag” law. Red flag laws are designed to prevent individuals, who show signs of threatening behavior, from accessing firearms. 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 separate form. Learn more about Protective Orders and Peace Orders.

An ERPO is not a criminal charge. Learn about filing criminal charges.

Read the Law: Md. Code, Public Safety, Title 5, Subtitle 6

 

Who can ask the court for an ERPO?

The “Petitioner” is the person asking the court for an ERPO. 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. 

  • Spouse 
  • Cohabitant 
  • Relative by blood, marriage, or adoption 
  • Someone with a child or children in common 
  • Current dating or  intimate partner 
  • Current or former legal guardian 
  • Law enforcement officer 
  • Certain medical professionals who have examined the Respondent 

Read the law: Md. Code, Public Safety § 5-601

 

Who is an ERPO filed against?

The “Respondent” is the person against whom the extreme risk protective order is filed. The person filing the petition is alleging that the Respondent 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: 

  • alarming behavior and statements;
  • unlawful firearm possession;
  • reckless or negligent firearm use;
  • violence or threats of violence to self or others;
  • violating peace or protective orders;
  • drug and/or alcohol abuse; and/or
  • information contained in health records.

Read the law: Md. Code, Public Safety § 5-601; § 5-602

 

Will I get in trouble if I request an ERPO?

A Petitioner who files in good faith is not civilly or criminally liable for filing the petition.  

Read the law: Md. Code, Public Safety § 5-602(d) 

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 

 

 

How do I apply for an ERPO?

Step 1: Complete the petition and addendum.

Obtain a Petition for Extreme Risk Protective Order (DC-ERPO-001) from a District Court clerk or commissioner, or on the Maryland Courts website. Complete the form by providing:

  • Your name
  • Name of the respondent
  • A description of the respondent’s behavior that you believe indicates they present an immediate and present danger of hurting themselves, you, or others if they have a firearm. You should provide specific examples that show that:
    • the respondent has committed or threatened violence against themselves or others, whether or not the threat of violence involved a firearm.
    • the respondent violated a Peace or Protective Order
    • the respondent has abused a controlled dangerous substance or alcohol.
  • Confirmation that the respondent possesses firearms and provide a description and the location for each firearm. 

NOTE:  By signing the petition, you are stating under the penalties of perjury the information is true.

You will also need to complete the Addendum form DC-ERPO-001A. In the addendum you provide a description of the respondent. If you do not provide a description of the respondent, law enforcement may not be able to process the court’s ERPO.

You will also need to complete Addendum form DC-ERPO-001B. In the addendum you provide additional information and history.

 

Step 2: File the petition 

File the Petition for Extreme Risk Protective Order in District Court. When the clerk's office is open, file the petition with the clerk. If the clerk's office is closed, file with a District Court commissioner. There are no filing fees or service fees for ERPOs. 

The Maryland Courts website has a court directory and a list of commissioner locations.

 

Step 3: Appear for a temporary hearing

The judge may issue a temporary order if they reasonably believe the respondent, by having firearms, poses an immediate and present danger of causing injury to themselves, you, or others. Under certain circumstances, the judge may hold a final hearing instead of a temporary hearing.

 

Step 4: Appear for a final hearing

Usually, the court will schedule a hearing within 7 days after the respondent is served the Temporary ERPO. If the respondent has been served, the judge may hold the final hearing with or without the respondent being present. A final hearing may not be held if the respondent has not been served. 
 

Learn more about how to file for an Extreme Risk Protective Order.

 

 

How long does an ERPO last?

How long an ERPO lasts depends on the type of ERPO issued; interim, temporary, or final.

  • Interim ERPO: usually lasts until the Temporary ERPO hearing, but not beyond the 2nd business day after issued, unless the court is unexpectedly closed. 
  • Temporary ERPO: lasts until the Final ERPO hearing, but not beyond 6 months. 
  • Final ERPO: may remain in effect for as long as 1 year.  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.

Read the law: Md. Code, Public Safety § 5-606(a) 

 

 

What if I disagree with the court’s decision?

Either party can appeal the District Court’s decision. The first step is to file a Notice of Appeal with the District Court in the county where the petition was decided. The appeal will be heard by  the Circuit Court in the county where the District Court is located.  

The Circuit Court hears the appeal de novo (meaning from the beginning) no later than 60 days after the appeal is filed. Note that the District Court judgment remains in effect until it is superseded by the Circuit Court’s judgment. There is no fee to file an appeal. 

Read the law: Md. Code, Public Safety § 5-606(b)

 

 

How do I comply with an ERPO? 

Read the court order very carefully. You will need to surrender your firearm(s) and ammunition to a law enforcement officer. There are serious consequences if you do not comply with the order. 

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

If the respondent receives the ERPO by mail, the respondent must contact the law enforcement agency designated in the order and arrange for the immediate surrender of all firearms and ammunition in their possession.  

The following steps must be followed to transport a firearm to surrender it: 

  • Notify the law enforcement unit, barracks, or station that the firearm is being transported in accordance with the ERPO;
  • Make sure the firearm is unloaded;
  • Transport the firearm directly to the law enforcement unit, barracks, or station; and,
  • Carry a copy of the ERPO that requires the surrender of any firearm when transporting the firearm to the appropriate authorities.

The respondent must comply with the law enforcement agency's delivery instructions. Each firearm and ammunition must be surrendered IMMEDIATELY to the designated law enforcement agency for the county or city where the ERPO was issued. Contact information for the designated law enforcement agency will be included with the order.

It is your decision about whether you want to hire an attorney, but you may want to consult with one.

Learn more about how to surrender firearms and ammunition.

 

 

What happens if I don’t comply with an ERPO?

Violating an order is a crime that may result in a finding of contempt, arrest, criminal prosecution, imprisonment, and/or fine. If you violate the order, you can be arrested.

Read the law: Md. Code, Public Safety § 5-610

 

Source
Web Services Librarian; Sara A. Magette, Esq.
Last Updated:
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