Maryland has two primary types of restraining orders: protective orders, to be issued against family or close interpersonal relationships, and peace orders, to be issued against all other relationships not covered by a protective order. Regardless of a peace order or protective order, the intent is the same: to prevent a person from contacting another person, with evidence of threats, abuse, harm, or danger.
In Maryland, your Second Amendment rights may be affected if you are issued a protective order. This could impact your right to gun possession, ownership, and even your job in a security or related field. Learn more about how a protective order affects your right to gun ownership and what your options are while under the protective order in Maryland.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
Restraining Orders in Maryland
Maryland offers protection against threat or harm from another person by way of a protection order, peace order, or extreme risk protection order. While they are all similar, they vary in who they can be served on and what restrictions are immediately placed on the receiver.
Protective Order
A protective order is filed in Maryland when a family member or person in a close relationship has threatened or harmed another. A protective order is for use against spouses, family, co-parents, roommates, and sexual partners. An abusive act may include assault, threats of bodily harm, sexual assault, stalking, and acts that cause imminent fear. There is no timeline to submit for a protective order, and there are no fees for submission. A protective order starts with a temporary, 7-day approval, pending a final hearing, where a protective order may be awarded up to 1 year, with options for a one-year extension or a lifetime protection if required.
Peace Order
Peace orders are similar to protection orders but are served on all other relationships not covered under the protective order. This may apply to neighbors, coworkers, strangers, acquaintances, or non-dating sexual partners. Peace orders can only be submitted within 30 days of the reported abuse, and there is a small fee for submission. Peace orders are granted up to 6 months, with an option for a 6-month extension.
Extreme Risk Protection Order
Unlike a protective order or a peace order, an ERPO does not have to prove a threat to another person; it can also be served because someone is a threat to themselves. Unlike a protective order or peace order, an ERPO is intended to immediately remove weapons, including legally owned firearms and ammunition, from the possession of a person to stop the threat of harm, whether to another person or themselves. An ERPO can affect gun ownership and possession within two days of the petition being filed and may be valid temporarily for 7 days to 6 months and can be approved up to 1 year.
How Protective Orders Affect Gun Possession in Maryland
A protective order can affect your gun rights in Maryland. Know what to expect and how you can defend your Second Amendment rights. The following information is relevant to protective orders. If you have been issued an Extreme Risk Protection Order (ERPO), please see our Extreme Risk Protection Order Defense in Maryland to know what to do next and contact our defense lawyers for a consultation to act fast.
Protection Orders and Gun Ownership
A temporary order may or may not stipulate what happens to your guns, pending the final hearing. If the protection order is granted, you will be required to surrender current, legally owned firearms and will be prevented from purchasing new firearms while the protection order is active. This will directly affect ownership, carrying permits, and more.
Surrendering Firearms Under a Protection Order
If required to surrender your firearms under a protection order, they must be relinquished to the police. The guns must be delivered unloaded and with advance notice. Always follow all instructions and provide the necessary documentation to prevent violations of the protection order. Consult with your lawyer on the process, timeline, and required documentation.
Carrying a Gun After Being Served a Protection Order
A temporary protection order awaiting a final hearing may or may not stipulate what happens to the respondent’s firearms. If there is no written statement about firearm ownership, you may still own, possess, and carry firearms as you were legally allowed to do so prior to being served. However, carrying a firearm under the temporary order may be discussed in the final hearing and influence the verdict. Always discuss your options with a qualified defense lawyer to protect your Second Amendment rights.
Handgun Carry Permits and Protection Orders
Surrendering all firearms also includes surrendering all related carry permits. A protection order is a violation of the handgun carry permit and may disqualify the respondent from maintaining their carry status. The Maryland Department of State Police may revoke the handgun carry permit permanently. After the protection order has been lifted or has expired, you will have to reapply for the permit and disclose the protection order. Maintain all records showing the order has been lifted and is no longer active.
The Purchase of Firearms Under a Protection Order
While under an active protective order, you are banned from purchasing any new firearm or ammunition. This includes handguns, assault weapons, and shotguns. While running a background check, the firearm dealer will see the disclosure, and the purchase will be denied. Violating the possession of a firearm while under a protection order may also result in felony charges, fines, or imprisonment.
Reclaiming Firearms After a Protection Order Expires
After the protection order has expired or been lifted, you are legally entitled to your previously owned firearms, as long as no other domestic violence or related charges were levied. You will receive a notice that the protection order has expired and then can submit a request for pickup. The state has 14 days to process all background checks and other verification methods. You have 60 days to retrieve the firearms, or they will be considered abandoned property.
Appealing a Protection Order
If a protection order is granted, you have 30 days to appeal the decision. Work closely with your lawyer to ensure you file the appeal with the right court district and present new evidence countering the petition. While waiting for the appeal hearing, the order is still active, and firearms will need to be surrendered in accordance with the protection order.
Schedule a Consult Today to Consider Your Options
Saller Law in Baltimore, MD works closely with those in need of criminal defense and firearm consultations. We believe in the Second Amendment and are available to discuss your case and represent you in a protection order hearing. With our assistance, you can provide evidence, argue your side, and defend your rights. In any outcome, we can consult on what happens to all firearms, permits, and ammunition, and how to reclaim them after an order has expired. We are here to help you. Call today.
