Maryland’s Red Flag Law Challenged in State Supreme Court

Attorneys for the Second Modification Basis (SAF) and Maryland resident Donald S. Willey have filed an appellants’ transient with the Maryland Supreme Courtroom, difficult the state’s “pink flag” regulation. The case, Willey v. Brown, originated in U.S. District Courtroom for the District of Maryland in August 2023.

Willey, a 64-year-old Marine Corps veteran, has been in battle with officers in Dorchester County over nuisance and zoning violations. He turned the topic of an Excessive Threat Protecting Order (ERPO) after allegedly making threats, which Willey denies. The order led to the confiscation of his firearms and ammunition and compelled him into an involuntary psychological well being analysis. The lawsuit claims Willey’s constitutional rights had been violated for practically two weeks earlier than his firearms had been returned.

Whereas the federal lawsuit continues to be pending, it will depend on how Maryland regulation defines “affordable grounds” within the state’s ERPO regulation. The U.S. District Courtroom has requested the Maryland Supreme Courtroom to interpret the time period earlier than the federal case continues. The courtroom is being requested to make clear two authorized questions: What authorized normal does “affordable grounds” suggest in Maryland’s pink flag regulation, and may an ERPO be issued based mostly on a normal lower than possible trigger?

“This case is about how so-called ‘pink flag legal guidelines’ may be weaponized towards personal residents,” stated SAF founder Alan M. Gottlieb. “We’re asking the Maryland excessive courtroom to outline the which means of ‘affordable grounds’ within the state ERPO statute to assist make our case in federal courtroom.”

SAF Government Director Adam Kraut echoed the issues concerning the regulation’s implications. “Pink flag legal guidelines are based mostly on the Orwellian perception you can take actions towards somebody for an alleged crime that hasn’t occurred,” Kraut stated. “The idea is absurd.”

The case will proceed in federal courtroom as soon as the Maryland Supreme Courtroom points its choice.

Willey and SAF are represented by attorneys Mark W. Pennak of Maryland Shall Subject, in addition to Edward A. Paltzik, Serge Krimnus and Meredith Lloyd of Bochner PLLC in New York.