According to the Maryland Task Force report, Finding 3 states:
Finding 3 — Firearms Should be Seized from Dangerous Individuals
Once an individual is determined by law enforcement to present a threat to self or others the temporary seizure of firearms may be necessary. This seizure should be appropriately balanced with judicial oversight and due process to ensure that an individual’s civil rights and are adequately protected.
Recommendation 5
If a report is made by a licensed health care provider, educator or member of law enforcement that an individual poses a threat to himself or others and the threat is substantiated following an investigation by local law enforcement:
- A law enforcement officer shall immediately seize all firearms that he individual possesses or to which he has access.
- The law enforcement office must provide a written statement to the appropriate court describing the reasons for believing the person was dangerous.
- A judge must review this written statement within 14 days and determine if the confiscation is justified. A judge may then order that the firearms remain confiscated for a period up to 6 months pending a hearing. If a hearing determines that the firearms should remain confiscated, the individual shall be placed on a registry of individuals prohibited from possessing, purchasing, receiving, or attempting to purchase or receive a firearm. If a hearing determines that the firearms should not have been confiscated, then the firearms shall be immediately returned to the individual if they are not otherwise prohibited from possessing them.
- In the case of a substantiated threat where a person does not have immediate access to possession of a firearm, the law enforcement officer shall provide a written statement to the appropriate court and the Maryland State Police Firearms Enforcement Section stating that the persons should be prohibited from purchasing a firearm. A judge must review this written statement within 14 days and determine if the prohibition is justified. A judge may then order taht the person remain prohibited from possessing, purchasing, receiving, or attempting to purchase or receive a firearm for a period up to 6 months pending a hearing.
To read all of the report from the Maryland Task Force click Here.
