Signs that someone should not have a gun right now
You know this person. If something feels wrong, take it seriously. These are the things Maryland courts look at when someone asks for an order.
Seven signs listed by Maryland’s courts
An order is for a person who is an “immediate and present danger” of hurting themselves or others by having guns. The Maryland Judiciary lists these signs of possible risk [8]. The petition form asks about each one [9].
1. Alarming behavior or statements
- Talking about wanting to die, or about hurting or killing someone
- Saying goodbye, or giving away things that matter to them
- Saying what they would do with a gun
Item 2 on the court form
2. Violence or threats, toward themselves or others
- A suicide attempt or hurting themselves on purpose
- Hitting, choking or attacking someone
- Threatening to hurt or kill a person, in words, texts or online
Item 4. It counts whether or not a gun was involved.
3. Reckless or careless use of a gun
- Pointing or waving a gun at someone
- Handling a gun while drunk, high or very angry
- Leaving a loaded gun where children can reach it
Item 3: “unlawfully, recklessly, or negligently used, displayed, stored, possessed, or brandished a firearm”
4. Having a gun illegally
- The person is not allowed by law to have a gun and has one anyway
Item 3
5. Breaking a peace order or protective order
- A court told them to stay away from someone and they did not
Items 5 and 6
6. Drug or alcohol abuse
- Heavy drinking or drug use, especially along with the signs above
- A DUI or drug conviction
Item 7. The form also asks about drug or alcohol convictions, if you know of any.
7. Information in health records
- Records you are allowed to share, such as your own copies of discharge papers. You do not need records to file.
Item 8
The examples are ours, to show what each sign can look like. One sign may be enough to act on. You do not need all seven.
Times when the danger is higher
- They just got a gun, or are trying to get one. The risk of suicide by gun is highest right after a person buys one [22][23].
- The gun is kept loaded or unlocked. Guns stored locked and unloaded are linked to fewer suicides [31][32].
- They recently tried to end their life. The year after an attempt is a high-risk time [30].
- They just came home from a psychiatric hospital. The first weeks home are a high-risk time for suicide [28].
- They have dementia and there are guns in the home. Dementia can cause confusion and aggression. About 1 in 5 home caregivers report aggression from the person they care for [35].
A person may also tell you they are fine. In one study of hospital patients who died by suicide, most had denied suicidal thoughts the last time they spoke with staff [27]. Pay attention to what you see, not only what they say.
Write down what you have seen
Notes help no matter what you do next: file yourself, call the police, or talk to a clinician. Write them while your memory is fresh.
- What happened. What the person said or did. Use their exact words if you can.
- When. The date of each event, even if it is your best guess.
- Who saw or heard it. You, or someone else who told you.
- The guns. What kind, how many, and where they are kept [8].
- Proof you can keep. Texts, voicemails, photos, social media posts.
Ready to file?
The Petition Builder asks about each of these signs and puts your answers on the official court forms.
Open the Petition BuilderYou can ask the police or a clinician to step in
Many people do not feel safe or comfortable filing against someone they love. That is understandable. The person is told who filed, because they get a copy of the petition [9]. Two other kinds of people can file instead.
Law enforcement
A law enforcement officer, such as a police officer or sheriff’s deputy, can file a petition [8].
- Call your local police or sheriff’s non-emergency number. In an emergency, call 911.
- Say you are worried about a person who has guns, and share what you wrote down.
- Ask if an officer can file for an Extreme Risk Protective Order.
A clinician who knows the person
Doctors, psychologists, clinical social workers, counselors, family therapists and psychiatric nurses can file if they have examined the person [1].
- Call the office of the doctor or therapist the person has been seeing.
- Tell them what you have seen and that the person can get to a gun.
- Privacy rules may limit what they can tell you. You can still tell them what you know.
Police and clinicians decide for themselves whether to file. If they do not, you can still file on your own, and you can still use the other safety options.