Maryland 
MD Code PS 5-601 to 5-610

Who May Petition

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 health officer or designee of a health officer who has examined the individual;a law enforcement officer;s spouse, cohabitant, an individual with child in common, or a person related by blood, marriage  or adoption to respondent; current dating or intimate partner; current or former legal guardian

Burden of proof for Emergency Order or Ex Parte Order

Reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm.

Notice and Opportunity

Interim order shall include notice of hearing for a temporary order hearing, and notice of tentative date for final order. Temporary order provides notice of hearing for final order, to be 7 days after service.

Service

LEA serves the interim order. Temporary orders are served in court, or 1st class mail if respondent fails to appear. Final orders are served in court.

What is Prohibited?

Purchasing or possessing any firearm or ammunition.

Relinquish Firearms

Respondent must surrender any firearms and ammunition

Seizure by LEA


Probable cause to believe that a respondent  possesses a firearm and failed to surrender the firearm in accordance with the order, a court may issue a search warrant for the removal of the firearm at any location identified in the application for the warrant.

Burden of Proof at Hearing

Clear and convincing evidence that the respondent poses a danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm. 

Authority to Order Mental Health/Substance Abuse Evaluation

Yes

Entry into NICS

Not ordered

Duration of Order after Hearing

 Temporary Order - 7 days     Final order - up to 1 year

Warrantless Arrest Permitted in Statute

Yes

Criminal Penalty

First Offense - 90 dyas and/or $1000.                    Second and subsequent offenses - 1 year and/or$2,500.

Contempt Penalty

 

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