The Frederick County Health Department is offering red flag law training for residents. Also known as Extreme Risk Protective Orders, or ERPOs, they allow for a person's firearms to be temporarily taken away if they pose a threat to themselves or others.

According to a study, nearly 50,000 people died from gun violence in 2023, with more than half of the fatalities being self inflicted. Maryland adopted ERPO laws in 2018 as a means of preventing suicides and violence.

An ERPO is considered a civil order, not a criminal charge. Its temporary status means it can be used to stop a person from harming themselves or others, without permanently removing a person's right to bear arms.

ERPO coordinator Ticorra Kulikowski explained the training events are not about grabbing guns, or even increasing the number of petitions filed. Rather, they are meant to bring awareness to a tool that already exists as well as dispel misconceptions. “In our trainings, we try to make sure people understand that we’re not trying to criminalize people owning guns,” Kulikowski clarified. “People have a right to own guns. We’re not trying to criminalize mental health. We are just trying to keep our individual communities a little safer.”

The ERPO Process

There are limitations on who can file an ERPO, usually requiring the petitioner to have some direct connection with the respondent. This can include spouses, people living in the same house and parents. Law enforcement and even certain medical professionals can independently file ERPOs if they see fit.

Residents must file an ERPO petition through the district court. They are required to include specific details as to how a person's behavior shows they are an immediate danger to themselves or others. From there, the person petitioning for the ERPO must appear before a judge, yet the person the petition is for is not required to be present.

The next step for the petitioner is going to court, where a judge will look at all the evidence collected. Kulikowski said this can include emails, screen shots of text messages and pictures of social media posts. “You have to have something that backs up what you’re claiming,” Kulikowski explained.

If a judge deems there is sufficient evidence, they can file for a temporary order, at which point law enforcement will serve the respondent with the ERPO. The respondent is required to immediately surrender their firearms upon being served. In many cases, Kulikowski explained this is the first time a person learns someone has filed an ERPO against them.

The last step is a final hearing before a judge where the respondent is given the opportunity to defend themselves. They can request legal representation, provide evidence and call witnesses. If a judge decides to uphold the ERPO, it lasts for one year. The petition can be extended for an additional six months for good cause after an additional hearing.

Both the petitioner and respondent have the option to appeal the judge's decision, yet it remains in effect until a new ruling is made. A person will have to wait two or 14 days to retrieve their firearms after the termination or expiration of the ERPO.

The Constitutional Challenge

In Maryland, half of all ERPOs filed are ultimately rejected, with this number remaining relatively consistent since the inception of the policy. Kulikowski said she takes a cup-half-full approach to this data. “It tells me people know what ERPOs are and they’re at least attempting to make an effort,” Kulikowski said. “I think a good number of that comes from people not having the education behind how the ERPO process works.”

Despite this, there are many who believe red flag laws are unconstitutional. According to Citizens for Renewing America (CRA), these policies give people the power to target political opponents. Particularly due to words, not just actions, being sufficient to warrant an ERPO.

Kulikowski said that is not something people need to worry about, so long as the information presented to the judge constitutes accurate information. She says ERPOs are taken seriously and not filed nearly as often as people think. “The reason why the threshold is so high is because it is seen as taking away someone’s second amendment right, even temporarily,” Kulikowski clarified. “A lot of times, the judges go over that information with a fine toothed comb to verify the…evidence that is being presented is accurate.”

The CRA also argues ERPO’s reflect other policies that drive conservatives and progressives to flee to states more accommodating to their own political beliefs.

Frederick remains the fastest growing county in the state, and Kulikowski said she does not see that kind of division forming among residents.