Assessment of Physician Self-reported Knowledge and Use of Maryland’s Extreme Risk Protection Order Law

In response to the continued expansion of “red flag” laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category — “reporting party” — that enables a broader social network, such as co-workers or school administrators, to request that a law enforcement officer file a petition for an Extreme Risk Protection Order (ERPO). A double-filter provision would not give reporting parties a right to file a court petition directly. Instead, parties would file a request for petition with law enforcement officers (first filter), who must seek an ERPO from the court if they find the reporting party's information credible. That information is then transmitted to the court (second filter) as a sworn affidavit of the reporting party. The goal is to facilitate a balanced policy model that (1) widens the reporting circle in order to feed more potentially life-saving information into the system, (2) mitigates the risk of erroneous deprivation of constitutionally protected due process and Second Amendment rights.

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A policy analysis of the Illinois Firearms Restraining Order Act : a multiple streams approach to Extreme Risk Protection Orders

10.17760/d20382020 ◽

2020 ◽

Author(s):

◽

Michele Grim

Keyword(s):

Policy Analysis ◽

Multiple Streams ◽

Protection Orders ◽

Restraining Order ◽

Multiple Streams Approach ◽

Extreme Risk ◽

Risk Protection

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Extreme Risk Protection Orders in Washington

Annals of Internal Medicine ◽

10.7326/m20-0594 ◽

2020 ◽

Vol 173 (5) ◽

pp. 342-349 ◽

Cited By ~ 1

Author(s):

Ali Rowhani-Rahbar ◽

M. Alex Bellenger ◽

Lauren Gibb ◽

Heather Chesnut ◽

Madison Lowry-Schiller ◽

...

Keyword(s):

Protection Orders ◽

Extreme Risk ◽

Risk Protection

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Understanding the Research on Extreme Risk Protection Orders: Varying Results, Same Message

Psychiatric Services ◽

10.1176/appi.ps.201900291 ◽

2019 ◽

Vol 70 (10) ◽

pp. 953-954 ◽

Cited By ~ 1

Author(s):

Jeffrey W. Swanson

Keyword(s):

Protection Orders ◽

Extreme Risk ◽

Risk Protection

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State-Level Policy Response to Mass Shootings

Handbook of Research on Mass Shootings and Multiple Victim Violence ◽

10.4018/978-1-7998-0113-9.ch022 ◽

2020 ◽

pp. 397-417

Author(s):

Ramona Sue McNeal ◽

Mary Schmeida ◽

Lisa Dotterweich Bryan ◽

Susan M. Kunkle

Keyword(s):

Time Series Data ◽

State Level ◽

The State ◽

Gun Control ◽

Series Data ◽

Mass Shootings ◽

Cross Sectional ◽

Background Checks ◽

Extreme Risk ◽

Risk Protection

Recent mass shootings including Charleston, SC; Chattanooga, TN; Chardon, OH; Virginia Tech in Blacksburg, VA; and San Bernardino, California, have resulted in public outcry for action. Nevertheless, the response at the state level following these events has varied significantly, with some states loosening gun restrictions and others adopting a variety of gun safety policies ranging from private-sale background checks to extreme risk protection orders. Why has the state-level response varied so significantly? In exploring this question, this chapter examines the influence of state-level factors on current gun control legislation. This chapter explores the level of legislative action concerning the update and/or pass new laws for the years, 2009 through 2017. Pooled cross-sectional time series data that controls for variation between states and over time is used.

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