What Happens if I Violate Red Flag Gun Laws in Maryland?

 Posted on October 11, 2024 in Criminal Defense

Maryland law allows the state to confiscate a firearm if its owner is deemed a threat to others or his or her own physical safety. Under this statute — commonly referred to as a "red flag law" — certain people can report "red flags" about a gun owner to a court. The judge may then issue an extreme risk protective order (ERPO) which requires the gun owner to surrender his or her firearms and bars him or her from owning a gun.

This article will discuss how an ERPO works, the penalties for violating it, and how to fight it. If you are facing ERPO proceedings or if you are being charged with violating an ERPO, consult an experienced Maryland criminal defense attorney.

How Does an ERPO Work?

The ERPO process begins when a petition is filed with the court requesting that a protective order be issued against the gun owner, also referred to as the respondent. There are several types of people who are authorized to file such a petition:

• Members of law enforcement
• Mental health professionals or physicians who have examined the respondent
• Family members
• Significant others such as spouses, co-parents, or intimate partners
• Guardians

When filing the request, the petitioner must include supporting evidence showing the respondent is a danger. The court will schedule a hearing and serve a copy of the petition to the gun owner, who may appear at the hearing and be represented by an attorney.

How Long Does an ERPO Last?

There are three types of ERPOs a judge may issue:

• Interim ERPO: In some cases, an interim ERPO may be imposed until the hearing takes place.
• Temporary ERPO: This is valid for seven days, though a judge can sometimes extend it to six months.
• Final ERPO: This stays in effect for up to a year.

What Are the Penalties for Violating an ERPO?

Once an ERPO is issued, law enforcement will serve it to the respondent. He or she must then surrender all firearms and ammunition and cannot own a gun as long as the order is in effect. If the respondent violates the order, he or she can be charged with a misdemeanor and face a fine of up to $1,000 and up to 90 days in jail. Any subsequent violations can result in a $2,500 fine and up to a year in jail.

How Can I Fight an ERPO?

Your first opportunity to defend yourself against an ERPO is at the hearing. The government will not provide you with legal representation, so make sure to hire an attorney who is experienced in gun crimes and extreme risk protective orders. If an ERPO is issued, you can appeal the judge’s decision with the help of a qualified lawyer.

Contact a Linganore-Bartonsville, MD Gun Crime Defense Attorney

If a petition has been filed to issue an extreme risk protective order against you, or if you have been charged with violating an ERPO, contact Salvado Law Offices. We are highly experienced in gun crime defense, and we are committed to building a legal case that will achieve the best outcome possible. Make sure your rights are protected by speaking with a Montgomery Village, MD gun crime defense lawyer. Call 301-933-1814 today.