Family and Law Enforcement Protection Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0020*

SENATE BILL 20
D4 6lr1361
(PRE–FILED) CF HB 83
By: Senator Hettleman
Requested: October 28, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Family and Law Enforcement Protection Act 2

FOR the purpose of altering and establishing provisions relating to the surrender of 3
firearms by a respondent under the domestic violence statutes; and generally 4
relating to protective orders. 5

BY repealing and reenacting, without amendments, 6
Article – Family Law 7
Section 4–504(a) 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2025 Supplement) 10

BY repealing and reenacting, with amendments, 11
Article – Family Law 12
Section 4–504(b), 4–504.1(f), 4–505(a), 4–506(f), 4–506.1, and 4–509(a) 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2025 Supplement) 15

BY adding to 16
Article – Family Law 17
Section 4–504(e) 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2025 Supplement) 20

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22

Article – Family Law 23

4–504. 24
2 SENATE BILL 20

(a) (1) A petitioner may seek relief from abuse by filing with a court, or with a 1
commissioner under the circumstances specified in § 4 –504.1(a) of this subtitle, a petition 2
that alleges abuse of any person eligible for relief by the respondent. 3

(2) A petition may be filed under this subtitle if: 4

(i) the abuse is alleged to have occurred in the State; or 5

(ii) the person eligible for relief is a resident of the State, regardless 6
of whether the abuse is alleged to have occurred in the State. 7

(b) (1) The petition shall: 8

(i) be under oath; and 9

(ii) include any information known to the petitioner of: 10

1. the nature and extent of the abuse for which the relief is 11
being sought, including information known to the petitioner concerning previous injury 12
resulting from abuse by the respondent; 13

2. each previous action between the parties in any court; 14

3. each pending action between the parties in any court; 15

4. the whereabouts of the respondent, if known; 16

5. WHETHER THE RESPONDE NT POSSESSES A VALID 17
HANDGUN QUALIFICATION LICENSE OR A PERMIT TO WEAR, CARRY, OR TRANSPORT 18
A HANDGUN ISSUED TO THE RESPONDENT BY THE SECRETARY OF STATE POLICE; 19

6. WHETHER THE RESPONDE NT OWNS OR POSSESSES A 20
FIREARM; 21

[5.] 7. if financial relief is requested, information known to the 22
petitioner regarding the financial resources of the respondent; and 23

[6.] 8. in a case of alleged child abuse or alleged abuse of a 24
vulnerable adult, the whereabouts of the child or vulnerable adult and any other 25
information relating to the abuse of the child or vulnerable adult. 26

(2) If the petition states that disclosure of the address of a person eligible 27
for relief would risk further abuse of a person eligible for relief, or reveal the confidential 28
address of a shelter for domestic violence victims, that add ress may be omitted from all 29
documents filed with a commissioner or filed with, or transferred to, a court. If disclosure 30
SENATE BILL 20 3

is necessary to determine jurisdiction or consider any venue issue, it shall be made orally 1
and in camera and may not be disclosed to the respondent. 2

(E) IF THE PETITION STATE S THAT THE RESPONDEN T POSSESSES A VALID 3
HANDGUN QUALIFICATION LICENSE OR A PERMIT TO WEAR, CARRY, OR TRANSPORT 4
A HANDGUN , OR THAT THE RESPONDE NT OWNS OR POSSESSES A FIREARM , THE 5
PETITIONER SHALL INC LUDE WITH THE P ETITION THE FOLLOWIN G INFORMATION 6
KNOWN TO THE PETITIONER: 7

(1) THE LENGTH OF TIME T HAT THE PETITIONER H AS KNOWN OR 8
LIVED WITH THE RESPONDENT; 9

(2) THE POTENTIAL LOCATION OF THE RESPONDENT’S FIREARM; 10

(3) THE LAST TIME THE PE TITIONER SAW THE RESPONDENT’S 11
FIREARM; 12

(4) THE MAKE AND MODEL OF THE RESPONDENT’S FIREARM; 13

(5) HOW MANY AND WHAT TYPE OF FIREARMS THE RESPONDENT MAY 14
HAVE ACCESS TO; AND 15

(6) WHETHER THE RESPONDE NT KEEPS THE FIREARM IN THE 16
RESPONDENT’S CAR AND, IF SO: 17

(I) THE MAKE AND MODEL OF THE CAR; AND 18

(II) THE LICENSE PLATE NUMBER OF THE CAR. 19

4–504.1. 20

(f) Whenever a commissioner issues an interim protective order, the 21
commissioner shall: 22

(1) immediately forward a copy of the petition and interim protective order 23
to the appropriate law enforcement agency for service on the respondent; [and] 24

(2) before the hearing scheduled in the interim protective order, transfer 25
the case file and the return of service, if any, to the Office of the District Court Clerk; AND 26

(3) PROVIDE THE PETITION ER WITH RESOURCES FO R SAFETY, 27
PLANNING, AND OTHER SUPPORT, INCLUDING CONTACT IN FORMATION FOR THE 28
MARYLAND NETWORK AGAINST DOMESTIC VIOLENCE. 29

4 SENATE BILL 20

4–505. 1

(a) (1) (i) If, after a hearing on a petition, whether ex parte or otherwise, a 2
judge finds that there are reasonable grounds to believe that a person eligible for relief has 3
been abused, the judge may enter a temporary protective order to protect any person 4
eligible for relief from abuse. 5

(ii) In determining whether there are reasonable grounds to believe 6
that a person eligible for relief has been abused, the judge may consider whether a military 7
protection order has been issued against the respondent for the same or similar conduct 8
against the same person eligible for relief. 9

(2) The temporary protective order may order any or all of the following 10
relief: 11

(i) order the respondent to refrain from further abuse or threats of 12
abuse of a person eligible for relief; 13

(ii) order the respondent to refrain from contacting, attemp ting to 14
contact, or harassing any person eligible for relief; 15

(iii) order the respondent to refrain from entering the residence of a 16
person eligible for relief; 17

(iv) where the person eligible for relief and the respondent are 18
residing together at the time of the alleged abuse, order the respondent to vacate the home 19
immediately and award temporary use and possession of the home to the person eligible 20
for relief or in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, 21
award temporary use and possession of the home to an adult living in the home, provided 22
that the court may not grant an order to vacate and award temporary use and possession 23
of the home to a nonspouse person eligible for relief unless the name of the person eli gible 24
for relief appears on the lease or deed to the home or the person eligible for relief has resided 25
in the home with the respondent for a period of at least 90 days within 1 year before the 26
filing of the petition; 27

(v) order the respondent to remain away from the place of 28
employment, school, or temporary residence of a person eligible for relief or home of other 29
family members; 30

(vi) order the respondent to remain away from a child care provider 31
of a person eligible for relief while a child of the person is in the care of the child care 32
provider; 33

(vii) award temporary custody of a minor child of the person eligible 34
for relief and the respondent; AND 35

(viii) [order the respondent to surrender to law enforcement 36
SENATE BILL 20 5

authorities any firearm in the respondent’s possession, and to refrain from possession of 1
any firearm, for the duration of the temporary protective order if the abuse consisted of: 2

1. the use of a firearm by the respondent against a person 3
eligible for relief; 4

2. a threat by t he respondent to use a firearm against a 5
person eligible for relief; 6

3. serious bodily harm to a person eligible for relief caused by 7
the respondent; or 8

4. a threat by the respondent to cause serious bodily harm to 9
a person eligible for relief; and 10

(ix)] award temporary possession of any pet of the person eligible for 11
relief or the respondent. 12

(3) If the judge awards temporary custody of a minor child under 13
paragraph (2)(vii) of this subsection, the judge may order a law enforcement officer to use 14
all reasonable and necessary force to return the minor child to the custodial parent after 15
service of the temporary protective order. 16

(4) THE TEMPORARY PROTECT IVE ORDER SHALL ORDE R THE 17
RESPONDENT TO: 18

(I) SURRENDER TO LAW ENF ORCEMENT AUTHORIT IES ANY 19
FIREARM IN THE RESPO NDENT’S POSSESSION AND ANY HANDGUN QUALIFICATION 20
LICENSE OR PERMIT TO WEAR, CARRY, OR TRANSPORT A HANDGUN ISSUED TO THE 21
RESPONDENT; AND 22

(II) REFRAIN FROM PURCHAS ING OR POSSESSING A FIREARM 23
FOR THE DURATION OF THE TEMPORARY PROTECTIVE ORDER. 24

4–506. 25

(f) The final protective order shall order the respondent to surrender to law 26
enforcement authorities any firearm in the respondent’s possession AND ANY HANDGUN 27
QUALIFICATION LICENSE OR PERMIT TO WEAR, CARRY, OR TRANSPORT A HANDGUN 28
ISSUED TO THE RESPONDENT, and to refrain from [possession of any] PURCHASING OR 29
POSSESSING A firearm, for the duration of the protective order. 30

4–506.1. 31

(A) (1) IF A RESPONDENT IS OR DERED TO SURRENDER A FIREARM, A 32
HANDGUN QUALIFICATION LICENSE, OR A PERMIT TO WEAR, CARRY, OR TRANSPORT 33
6 SENATE BILL 20

A HANDGUN UNDER THIS SUBTITLE , THE RESPONDENT SHALL SURRENDER ALL 1
FIREARMS AND ANY HAN DGUN QUALIFICATION L ICENSE OR PERMIT TO WEAR, 2
CARRY, OR TRANSPORT A HANDGUN IN THE RESPONDENT’S POSSESSION TO A LOCAL 3
LAW ENFORCEMENT AUTH ORITY WITHIN 24 HOURS AFTER A LAW ENFORCEMENT 4
OFFICER SERVES THE ORDER ON THE RESPONDENT. 5

(2) IF THE RESPONDENT DOE S NOT POSSESS A FIRE ARM, THE 6
RESPONDENT SHALL SUBMIT AN AFFIDAVIT TO THE COURT AND ANY RELEVANT LAW 7
ENFORCEMENT AGENCY TO THAT EFFECT SIGNE D UNDER PENALTY OF P ERJURY 8
WITHIN 2 BUSINESS DAYS AFTER SERVICE OF THE ORDER. 9

(3) IF THE RESPONDENT HAS LAWFULLY SOLD OR TRA NSFERRED A 10
FIREARM WITHIN THE P RIOR 30 DAYS, THE RESPONDENT SHALL SUBMIT THE 11
TRANSFER PAPERWORK TO THE COU RT AND ANY RELEVANT LAW ENF ORCEMENT 12
AGENCY WITHIN 2 BUSINESS DAYS AFTER SERVICE OF THE ORDER. 13

(B) (1) WITHIN 3 BUSINESS DAYS AFTER SERVICE OF THE ORDER , A 14
LOCAL LAW ENFORCEMEN T AUTHORITY SHALL DE TERMINE WHETHER THE 15
RESPONDENT HAS COMPLIED WITH SUBSECTION (A) OF THIS SECTION. 16

(2) IF A LOCAL LAW ENFORCEMENT AUTH ORITY DETERMINES A 17
RESPONDENT IS NOT IN COMPLIANCE WITH SUBS ECTION (A) OF THIS SECTION 18
WITHIN 3 BUSINESS DAYS AFTER SERVICE OF THE ORDER , THE LOCAL LAW 19
ENFORCEMENT AUTHORITY SHALL: 20

(I) NOTIFY THE STATE’S ATTORNEY’S OFFICE THAT THE 21
RESPONDENT IS NOT IN COMPLIANCE WITH SUBSECTION (A) OF THIS SECTION; AND 22

(II) TAKE APPROPRIATE STE PS TO DETERMINE WHET HER THE 23
RESPONDENT IS IN POSSESSION OF FIREARMS, INCLUDING BY OBTAINING A SEARCH 24
WARRANT UNDER SUBSECTION (H) OF THIS SECTION, AND REMOVE ANY FIREARMS. 25

[(a)] (C) If a respondent surrenders a firearm under [§ 4–505 or § 4–506 of] this 26
subtitle, a law enforcement officer shall: 27

(1) provide to the respondent information on the process for retaking 28
possession of the firearm; and 29

(2) transport and store the firearm in a protective case, if one is available, 30
and in a manner intended to prevent damage to the firearm during the time the protective 31
order is in effect. 32

(D) (1) THE RESPONDENT MAY RETAKE POSSESSION OF THE FIREARM AT 33
THE EXPIRATION OF AN INTERIM PROTECTIVE ORDER UNLESS: 34
SENATE BILL 20 7

(I) THE RESPONDENT IS OR DERED TO SURRENDER T HE 1
FIREARM IN A TEMPORA RY PROTECTIVE ORDER ISSUED UNDER § 4–505 OF THIS 2
SUBTITLE; OR 3

(II) THE RESPONDENT IS NO T OTHERWISE LEGALLY ENTITLED 4
TO OWN OR POSSESS THE FIREARM. 5

[(b) (1)] (2) The respondent may retake possession of the firearm at the 6
expiration of a temporary protective order unless: 7

(i) the respondent is ordered to surrender the firearm in a protective 8
order issued under § 4–506 of this subtitle; or 9

(ii) the respondent is not otherwise legally entitled to own or possess 10
the firearm. 11

[(2)] (3) The respondent may retake possession of the firearm at th e 12
expiration of a final protective order unless: 13

(i) the protective order is extended under § 4 –507(a)(2) of this 14
subtitle; or 15

(ii) the respondent is not otherwise legally entitled to own or possess 16
the firearm. 17

[(c)] (E) Notwithstanding any other law, a respondent may transport a firearm 18
if the respondent is carrying a protective order requiring the surrender of the firearm and: 19

(1) the firearm is unloaded; 20

(2) the respondent has notified the law enforcement unit, barracks, or 21
station that the firearm is being transported in accordance with the protective order; and 22

(3) the respondent transports the firearm directly to the law enforcement 23
unit, barracks, or station. 24

(F) A RESPONDENT WHO DOES NOT WISH TO RECOVER A FIREARM 25
SURRENDERED IN ACCORDANCE WITH A PROTECTIVE ORDER OR WHO IS OTHERWISE 26
PROHIBITED FROM POSSESSING A FIREARM MAY: 27

(1) SELL OR TRANSFER THE FIREARM OR AMMUNITION TO: 28

(I) A LICENSED FIREARM DEALER; OR 29

8 SENATE BILL 20

(II) ANOTHER PERSON: 1

1. WHO IS NOT PROHIBITE D FROM POSSESS ING A 2
FIREARM OR AMMUNITION UNDER STATE OR FEDERAL LAW; AND 3

2. WHO DOES NOT LIVE IN THE SAME RESIDENCE AS THE 4
RESPONDENT; OR 5

(2) REQUEST THE DESTRUCTION OF THE FIREARM. 6

(G) A LAW ENFORCEMENT AGEN CY THAT RECEIVES A F IREARM 7
SURRENDERED UNDER TH IS SUBTITLE SHALL ISSUE WRITTEN PROOF OF THE 8
SURRENDER TO THE RESPONDENT, INCLUDING: 9

(1) THE NAME OF THE PERSON SURRENDERING THE FIREARM; 10

(2) THE DATE THE FIREARM WAS SURRENDERED; AND 11

(3) (I) SUBJECT TO ITEM (II) OF THIS ITEM, THE SERIAL NUMBER, 12
MAKE, AND MODEL OF THE FIREARM; OR 13

(II) FOR A FIREARM MANUFACTURED PRIOR TO 1968 WITHOUT 14
A SERIAL NUMBER, THE IDENTIFYING MARKS ON THE FIREARM. 15

(H) (1) TO CARRY OUT THE PROVISIONS OF THIS SUBTITLE RELATING TO 16
THE SURRENDER OF FIREARMS, A LAW ENFORCEMENT OFFICER SHALL ACCOMPANY 17
THE RESPONDENT OR PR OCEED WITHOUT THE RE SPONDENT’S PRESENCE , IF 18
NECESSARY, TO ANY PLACE WHERE T HE LAW ENFORCEMENT O FFICER HAS 19
PROBABLE CAUSE TO BELIEVE A FIREARM IN THE POSSESSION OF THE RESPONDENT 20
IS LOCATED TO ENSURE THAT THE RESP ONDENT DOES NOT GAIN ACCESS TO A 21
FIREARM. 22

(2) ON APPLICATION BY THE STATE’S ATTORNEY OR A LAW 23
ENFORCEMENT OFFICER , BASED ON PROBABLE CA USE TO BELIEVE THAT THE 24
RESPONDENT HAS FAILED TO SURRENDER A FIR EARM IN ACCORDANCE W ITH THIS 25
SECTION OR IS IN POS SESSION OF OTHER FIREARMS , THE COURT MAY AUTHOR IZE 26
THE EXECUTION OF A SEARCH WARRANT FOR THE REMOVAL OF A FIREARM AT ANY 27
LOCATION AT WHICH TH E COURT HAS PROBABLE CAUSE TO BELIEVE A F IREARM 28
POSSESSED BY THE RESPONDENT IS LOCATED. 29

(3) IF AN ORDER UNDER THI S SUBTITLE PROHIBITS A R ESPONDENT 30
FROM RETURNING TO TH E SCENE OF DOMESTIC VIOLENCE OR ANOTHER PLACE 31
WHERE A LAW ENFORCEM ENT OFFICER HAS PROB ABLE CAUSE TO BELIEV E A 32
SENATE BILL 20 9

FIREARM IN THE POSSE SSION OF THE RESPOND ENT IS LOCATED , THE LAW 1
ENFORCEMENT OFFICER SHALL PROCEED WITHOUT THE RESPONDENT’S PRESENCE. 2

4–509. 3

(a) A person may not fail to comply with the relief granted in an interim protective 4
order under § 4–504.1(c)(1), (2), (3), (4)(i), (7), or (8) of this subtitle, a temporary protective 5
order under § 4–505(a)(2)(i), (ii), (iii), (iv), OR (v)[, or (viii)] OR (4) of this subtitle, or a final 6
protective order under § 4–506(d)(1), (2), (3), (4), or (5)[,] or (f) of this subtitle. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026. 9