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Home » US Law » 2022 Maryland Statutes » Public Safety » Title 5 - Firearms » Subtitle 6 - Extreme Risk Protective Orders

Section 5-602 – Petition

    (a)    (1)    A petition for an extreme risk protective order shall:             (i)    be signed and sworn to by the petitioner under the penalty of perjury;             (ii)    include any information known to the petitioner that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm;             (iii)    set forth […]

Section 5-603 – Interim Extreme Risk Protective Order

    (a)    (1)    When a petition is filed with a District Court commissioner under § 5–602(b)(2) of this subtitle, the commissioner may enter an interim extreme risk protective order to prohibit the respondent from possessing a firearm if the commissioner finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of […]

Section 5-604 – Temporary Extreme Risk Protective Order

    (a)    (1)    After a hearing on a petition, whether ex parte or otherwise, a judge may enter a temporary extreme risk protective order to prohibit the respondent from possessing a firearm if the judge finds that there are reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the […]

Section 5-605 – Final Extreme Risk Protective Order

    (a)    A respondent under § 5–604 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final extreme risk protective order.     (b)    (1)    (i)    The temporary extreme risk protective order shall state the date and time of the final extreme risk protective order hearing.             (ii)    Except as provided in § […]

Section 5-606 – Final Extreme Risk Protective Order — Modification and Appeal

    (a)    (1)    A final extreme risk protective order may be modified or rescinded during the term of the extreme risk protective order after:             (i)    giving notice to all affected persons and the respondent; and             (ii)    a hearing.         (2)    For good cause shown, a judge may extend the term of a final extreme risk protective order for 6 months beyond the […]

Section 5-607 – Search Warrant for Removal of Firearm

    In accordance with the provisions of § 1–203 of the Criminal Procedure Article, on application by a State’s Attorney or a law enforcement officer with probable cause to believe that a respondent who is subject to an extreme risk protective order possesses a firearm and failed to surrender the firearm in accordance with the order, […]

Section 5-608 – Firearm or Ammunition Surrendered or Seized

    (a)    (1)    A law enforcement officer who takes possession of a firearm or ammunition in accordance with an extreme risk protective order shall, at the time the firearm or ammunition is surrendered or seized:             (i)    issue a receipt identifying, by make, model, and serial number, all firearms and ammunition that have been surrendered or seized;             (ii)    provide a copy […]

Section 5-609 – Penalties for Violations

    (a)    An interim extreme risk protective order, temporary extreme risk protective order, and final extreme risk protective order issued under this subtitle shall state that a violation of the order may result in:         (1)    criminal prosecution; and         (2)    imprisonment or fine or both.     (b)    A temporary extreme risk protective order and final extreme risk protective order issued under this […]

Section 5-610 – Penalties for Failure to Comply

    (a)    A person who fails to comply with the provisions of an interim extreme risk protective order, a temporary extreme risk protective order, or a final extreme risk protective order under this subtitle is guilty of a misdemeanor and on conviction is subject to:         (1)    for a first offense, a fine not exceeding $1,000 or imprisonment not […]