The Law Enforcement Officers' Bill of Rights ("LEOBR") affords certain protections to officers who find themselves the subject of administrative disciplinary proceedings. While the language of the statute is clear as pertains to what rights an officer retains throughout the disciplinary process, it is entirely unclear with respect to when those rights are triggered. Specifically, the statute states that the LEOBR is implicated in any situation where an officer could face disciplinary action-a simple enough proposition-yet a recent unreported opinion by the Maryland Court of Special Appeals significantly complicates the application of the black letter law.
On October 1, 2018, Maryland's extreme risk protective order law took effect. The "red flag" law, as it has been called, was enacted to establish a process by which a petitioner may seek a court order to prevent a respondent from purchasing or possessing any firearm or ammunition for the duration of the order under specified conditions. Principally, the law provides a means to prevent the possession of or to remove firearms from the possession of individuals who pose a threat to themselves or others. The law was first proposed as a response to the Great Mills High School murder-suicide and mass shootings at the Capital Gazette in Annapolis and in Jacksonville by a twenty-four-year-old from Howard County, as well as other acts of gun violence by individuals who never should have been allowed to access to firearms