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Published on 10/29/2025, 11:49:00 AM

Extreme Risk Protective Orders in Maryland (ERPO)

An Extreme Risk Protective Order is a civil court order that can temporarily prohibit a person from possessing firearms when a judge or commissioner finds they pose a risk to themselves or others. People often call this Maryland’s red flag process. It moves fast, and the consequences are serious, so understanding the steps can help you respond quickly and effectively.

If you want a deeper dive into the law and process, see our detailed page on Extreme Risk Protective Orders.

Who can file an ERPO

Maryland allows a wide range of petitioners to request an ERPO. Under Section 5-601, a petitioner may be:

  • A physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage or family therapist, or a health officer or designee of a health officer who has examined the individual
  • Law enforcement
  • The spouse of the respondent
  • A cohabitant of the respondent
  • A person related to the respondent by blood, marriage, or adoption
  • An individual who has a child in common with the respondent
  • A current dating or intimate partner of the respondent
  • A current or former legal guardian of the respondent

Petitions are signed under penalty of perjury and must include specific facts supporting the request, such as alleged acts or threats of violence, firearm issues, or substance abuse concerns, consistent with Section 5-602. Related topics: learn about assault in the first degree, gun charges, and DUI.

How the ERPO process works

The ERPO timeline moves in distinct stages. Each stage is short, and deadlines matter.

1) Interim ERPO

When a petition is filed with a District Court commissioner while the clerk’s office is closed, the commissioner may issue an interim order if there are reasonable grounds to believe the respondent poses an immediate and present danger by possessing a firearm. The interim order will require surrender of firearms and ammunition and will prohibit possession for the duration of the interim order. See Section 5-603.

Timing: An interim order remains effective until the temporary hearing or until the end of the second business day the Clerk’s Office is open, whichever happens first. See Section 5-603(e).

2) Temporary ERPO

After a hearing on the petition, often ex parte, a judge may issue a temporary order on the same reasonable grounds standard. The order requires surrender of firearms and ammunition and prohibits possession. See Section 5-604(a).

Timing: A temporary order is generally effective for not more than seven days after service. The court can extend it as needed, not to exceed six months, to effectuate service or for good cause. See Section 5-604(c).

3) Final ERPO hearing

The court typically holds the final hearing within seven days after the temporary order is served on the respondent, unless continued for good cause. On request, the respondent can obtain a date not later than 30 days after the initial setting. See Section 5-605(b). At the final hearing, the judge may grant a final ERPO if there is clear and convincing evidence that the respondent poses a danger by possessing a firearm. See Section 5-605(c).

What the court considers

Decision makers are directed to consider all relevant evidence and how recent the events are. Examples commonly appearing in petitions include:

  • Use, display, or unsafe handling of a firearm
  • Acts or threats of violence
  • Violations of a protective order or peace order
  • Documented substance abuse or alcohol issues, including related criminal charges

These categories align with the supporting information described in Section 5-602(a)(1)(vi), and recency is specifically identified in Sections 5-603(a)(2), 5-604(a)(2), and 5-605(c)(2).

What is at stake

  • Duration: A final ERPO can last for up to one year. For good cause shown, it may be extended by six months after notice and a hearing. See Sections 5-605(f) and 5-606(a)(2).
  • Modification or rescission: A final ERPO can be modified or rescinded during its term after notice and a hearing. See Section 5-606(a)(1).
  • Criminal penalties for violations: Violating an interim, temporary, or final ERPO is a misdemeanor. A first offense carries up to 90 days and or a 1,000 dollar fine, and a second or subsequent offense carries up to one year and or a 2,500 dollar fine. Law enforcement must arrest on probable cause of a violation. See Section 5-610. Orders must state that violations can result in prosecution, imprisonment, or fines. See Section 5-609.
  • Search warrant for firearms: If a respondent subject to an ERPO fails to surrender firearms, a court may issue a search warrant for removal of the firearms. See Section 5-607.
  • Confidential records: Court records relating to ERPO petitions are confidential, with limited exceptions for court personnel, the respondent or counsel, health authorities, law enforcement, and approved researchers, among others. See Section 5-602(c) and (d).

Firearm surrender, storage, and return

When firearms or ammunition are surrendered or seized under an ERPO:

  • Law enforcement must issue a receipt identifying make, model, and serial number, provide a copy to the respondent, keep a copy, and give information on the process to retake possession when the order ends.

  • Agencies must transport and store items to prevent damage and may not mark firearms.

  • After an order expires or terminates, and once the agency verifies the respondent is otherwise lawful to possess, the agency must return items upon request within the following time frames:

    • Within 14 days after expiration of an interim or temporary order
    • Within 14 days after a court terminates a final order
    • Within 48 hours after a final order expires

  • A respondent who cannot or does not wish to retake possession may sell or transfer to a licensed dealer or qualified third party, or request destruction, subject to verification steps.

  • Third party owners may reclaim property with proof of ownership if they are lawful to possess.

  • Items not reclaimed within six months after notice may be destroyed.

See Section 5-608.

Defending an ERPO

There are real opportunities to challenge the petition:

  • Test the factual basis and timing of the allegations
  • Present counter evidence and witnesses
  • Challenge service, jurisdiction, or scheduling where appropriate
  • Highlight alternatives or changed circumstances

District Court rulings may be appealed to the circuit court. Appeals are de novo and should be heard within 60 days. The District Court judgment remains in effect unless superseded by the circuit court. See Section 5-606(b).

Our team handles both ERPOs and related criminal matters like protective orders and gun charges. You can also learn more about our background on our about us page.

How we help

We guide clients through each step, prepare evidence for the final hearing, and work to limit or avoid firearm disabilities where possible. If you or a loved one is facing an ERPO, reach out for a free consultation through our contact us page.

FAQs

Q: Who can file an ERPO in Maryland?

A: Law enforcement, certain licensed clinicians who have examined the person, a spouse, a cohabitant, relatives by blood, marriage, or adoption, someone who has a child in common with the person, a current dating or intimate partner, and a current or former legal guardian. See Section 5-601(e).

Q: How fast do ERPO hearings happen?

A: Interim orders can issue immediately when the clerk’s office is closed. Temporary hearings occur soon after, and the final hearing is generally within seven days after the temporary order is served unless continued. A respondent can request a date not later than 30 days after the initial setting. See Sections 5-603 and 5-605(b).

Q: What standard of proof applies at the final hearing?

A: Clear and convincing evidence that the respondent poses a danger by possessing a firearm. See Section 5-605(c).

Q: How long can a final ERPO last?

A: Up to one year, with a possible six month extension for good cause after notice and a hearing. See Sections 5-605(f) and 5-606(a)(2).

Q: What happens if someone violates an ERPO?

A: Violations can lead to criminal prosecution. A first offense carries up to 90 days and or a 1,000 dollar fine. A second or subsequent offense carries up to one year and or a 2,500 dollar fine. Police must arrest on probable cause. See Section 5-610.