Maryland lawmakers implemented legislation to affect an extreme risk protective order to take guns from citizens that have been deemed a threat to themselves or others, known as “red flag” laws.

This law was instituted in October 2018 as a response to the mass shooting at Marjorie Stoneman Douglas High School.[1]  Under red flag laws, petitions may be submitted by law enforcement, family members, significant others, or medical professionals that can prevent persons from buying or possessing firearms.[2]  Judges can enforce a temporary order until a hearing can be held on the final order.[3]  The order can require persons to surrender firearms to law enforcements for up to a year.[4]

As of September 30, 2020, Carroll County had 97 petitions filed whereas Baltimore City had only 79, despite having a population over three times the size.[5]  The balance with red flag laws is weighing violence prevention against infringing due process rights.[6]

Some law enforcement officials believe the red flag process goes through sufficient safeguards to prevent any unjust issuances of the aforementioned orders.[7]  The flip side of the argument lies in the credibility of the threats that are assessed during review.[8]  It is important to denote the difference between words impulsively uttered in anger and actual mental health disorders.[9]

Temporary orders given by judges can last up to six months with final orders lasting up to one year.[10]  In Carroll County, about three of every four final orders are approved, which seems high according to Republican Delegate Haven Shoemaker.[11]  Del. Shoemaker’s concerns stem from the ease in which people’s firearms can be confiscated under this order.[12]  Abuse of this process is a real concern for individuals exercising their Second Amendment rights.

There are no statistics to ascertain whether this order is actually preventing the violence it is targeting, leaving its true efficacy unclear.[13]  In fact, most cases are dealing with people who are suicidal, rather than threatening violence on others.[14]  It remains to be seen whether this order is doing more harm than good in terms of preventing violence or if it is instead just a veiled attempt at even more infringement on the Second Amendment in Maryland.

Steve Ahlbrandt is a 3rd-year student at the University of Baltimore School of Law and a Staff Editor for Law Forum. Steve received his Bachelor of Science from the University of Delaware. While in Baltimore, he has served as the President of the Entertainment, Arts & Sports Law Association where he competed annually at the Tulane Pro Football Negotiation Competition in New Orleans, LA. Steve has also interned with Silverman, Thompson, Slutkin, & White, and recently accepted a job offer as a Real Estate Attorney at Stock & Leader LLP in his hometown of York, PA.

[1] Ben Leonard, Two years in, Carroll County using ‘red flag’ gun seizure law at one of highest rates in Maryland, Balt. Sun (Oct. 9, 2020), https://www.baltimoresun.com/maryland/carroll/news/crime/cc-carroll-red-flag-gun-law-maryland-20201009-ikudyaiz4re4xieg4vobvsj6rq-story.html.

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6][6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

[14] Id.