Maryland’s Red Flag Laws: Rights, Risks, and Remedies

 Posted on September 28, 2025 in Criminal Defense

In the state of Maryland, you could potentially have your firearms removed even before you have been convicted of a criminal offense – and, in some instances, before you have been charged with a crime. Other times, an arrest or indictment for a crime involving firearms or violence can trigger red flag laws. Under Maryland’s Extreme Risk Protective Order (ERPO) law, medical professionals, law enforcement, or family members can ask a court to temporarily seize your guns when they believe you may be a danger to yourself or others.

Although these laws are meant to prevent tragedies, they also raise questions regarding Second Amendment rights and due process. A Centreville, MD criminal defense lawyer who is familiar with Maryland’s red flag laws can help you determine whether you can regain your gun rights, and, if so, when that can occur.

What Are Red Flag Laws?

Red flag laws in Maryland fall under ERPOs. The stated goal of this law is to prevent suicides, domestic violence tragedies, and mass shootings. A family member, law enforcement officer, medical professional, or, in some cases, friends or co-workers can file a petition with the court to have all firearms removed from an individual.

A commissioner will review the petition and accompanying evidence and issue an order to remove all guns from the individual. A hearing will be scheduled to give the individual whose firearms have been removed a chance to contest the order. If a judge upholds the order after this hearing, a final order may be issued, usually lasting from several months to a year, with the potential for renewal.

An ERPO is a civil order rather than criminal charges. Under an ERPO, an individual must surrender all firearms and is barred from purchasing or possessing a firearm as long as the order is in place. It is important to respond to an Extreme Risk Protective Order quickly to retain gun ownership rights.

What Are Some Problems with Red Flag Laws?

The primary legal issues associated with ERPOs and red flag laws center on conflicts with due process rights and the potential for wrongful deprivation of firearms. These issues may be contrary to the Second Amendment, particularly since an ERPO can initially be issued without the subject of the order being present or even notified of the allegations.

This raises the question of whether the process provides sufficient notice before an individual is deprived of his or her property. Courts have ruled in some legal challenges to red flag laws that, because ERPO laws are temporary measures, they do not violate the Second Amendment. Other legal questions raised include:

• Who bears the burden of proof in ERPO cases?
• What is the standard of evidence required to justify the removal of firearms?
• Does the potential for misuse exist from family members or others with a grudge?
• Does the potential for violence increase when the firearms are being removed?
• Can ERPOs trigger prohibitions under federal background check systems?

How to Respond to an ERPO

First, it is important to know that if firearms are not surrendered immediately when ordered, criminal charges may be filed. If criminal charges have already been filed, and the ERPO is in response to those charges, working with a criminal defense attorney early in the process is essential.

A knowledgeable criminal defense attorney can argue against renewal at the hearing and gather evidence, including medical records and witnesses, to demonstrate that the individual is not a threat. An attorney can file a motion to lift the order early should circumstances change. Consulting legal counsel can help ensure that both gun rights and the individual’s future are protected.

Contact a Queen Anne’s County, MD Criminal Defense Lawyer

If your firearms have been seized in response to a crime you are charged with, or before you have been charged with a criminal offense, you may only have days to contest the order and protect your rights. A Centreville, MD criminal defense lawyer from Henley & Henley, Attorneys at Law understands the process and knows how to challenge unfair petitions. Our firm has more than 50 years of combined legal experience. To schedule your initial attorney meeting, call 410-280-0530.