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Can I possess a Firearm in Maryland if I was issued a Civil Protection Order in dc?

Can I possess a Firearm in Maryland if I was issued a Civil Protection Order in dc?

No.  So you signed a no admission civil protection order (CPO)in the District of Columbia for a woman you dated for a few months.  The Judge told you that it may be a federal crime to possess a firearm.    The question now arises whether you can still possess your guns in Maryland because you live in Maryland.    Will you be in violation of the federal statute or Maryland law if you possess a firearm in your home state? First and foremost the order is valid in the State of Maryland under the full faith and credit which means that each state must enforce out-of-state orders in the same way it enforces its own orders.     Maryland Code, Public Safety § 5-133(b)(12) is the law pertaining to firearm possession in the State of Maryland.   

MD Code, Family Law, § 4-508.1 states that if the Order of protection was issued “for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person;” or “(ii) is issued by a civil court in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection” you can not possess a firearm in Maryland. 

Can I Possess a Firearm in the District of Columbia After CPO entry

No. 

Every Civil Protection Order issued in the District of Columbia has the following warning:

You must relinquish within 24 hours after being served with Civil Protection Order (CPO) all firearms that you own or possess to your local law enforcement officials.  Failure to do so is a criminal offense under D.C. Code 22-4503 that if convicted, carries a penalty of two to 10 years in prison or a fine up to $15,000.00 or both

Therefore, you will absolutely be in violation of the civil protection order if you possess a firearm in the District of Columbia after a DC Superior Court Judge issues an order of protection.    DC has very strict firearm laws so you will be in violation of DC Code 22–4503.

Will I be in violation of Federal law if I Possess a Firearm after a CPO?

Every Civil Protection issued in the District of Columbia also has the following federal warning:

As a result of this order, it may be unlawful for the respondent to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8).  If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney.

Generally, Federal law prohibits the possession of firearms when the person is subject to a court order that was issued by any Court in which the person received notice and had the ability to participate in the hearing.

However, in order to be subject to the Federal Firearm statute certain conditions must be met:

  1. The order of protection must restrain the person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engage in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
  2. The Order must have a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or who has been convicted in any court of a misdemeanor crime of domestic violence.

A “No Admission consent order” should not violate Federal Law

The Court must make a finding that you made a credible threat to the physical safety of an intimate partner.  If you agree without admissions, there is no factual finding.  See our blog on consent.

Federal Law does not include dating

The other part of the Federal law is that unlike the District of Columbia law, it defines intimate partner as “the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.”  So you casually dating does not violate federal law as long as you never lived with that person.

You can not possess a firearm in any State if the Judge in DC puts on the order you can not possess a firearm at all

The civil protection order form the court typically uses in the District of Columbia gives firearm warnings not orders.  Generally, the Judge in the District of Columbia gives a warning of the federal firearm law and tell you to consult an attorney.   The Judge typically give warnings of the law.  In fact, on the form order, the possession of the firearm language is listed as “warnings.”   If however, the Judge in the District of Columbia states on the order that you may not possess a firearm at all you would be prevented from possessing a firearm in any State because of the full faith credit clause.    Furthermore, the petitioner does not have to enroll the order for that to effect (ie. registering the CPO order in Maryland).   Registration or filing of protection orders cannot be a prerequisite for enforcement. 18 U.S.C. § 2265(d)(2). Therefore, courts and law enforcement officers must enforce protection orders issued by other states, tribes, and territories, even if they have not been registered or filed in the enforcing jurisdiction.

Every case is different and be mindful that is this just our firm position on the law.  This is not legal advice but our general opinion regarding the law.   Need more information give us a call and we can go over the specifics of your case and whether you are in violation of the law.

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Tina PeratinoTina Peratino
13:26 05 Oct 22
I cannot say enough good things about Ada Chan and her law firm. I've known Ada personally for years but recently needed her legal expertise in dealing with some issues for my teenage son in the military. Ada has been incredible in helping us navigate the system and even helping us get one of the cases dismissed while my son attends bootcamp. I couldn't have made it through this process without her and her firm
avril washingtonavril washington
12:58 28 Sep 22
My experience with Ada Chan leading my defensive front was more than worthy of her reputation. Being fasely accused of simple assault and having no arreast record or conviction in my past, I found myself facing an unimaginable outcome, starting with my arrest. I got in contact with Ada who was composed, sympathetic to my needs, and handled everything with confidence and ease. She assured me all the way and I was not disappointed. Ada Chan handled everything quickly, which left me with no charges being filed, which meant I didn't even need to show up for one day in court. I am so glad I came across The Rollins and Chan Law Firm and had Ada Chan leading my defense, and I would recommend her with ten stars to anyone in need of one of the best lawyers.
Yogita KumarYogita Kumar
01:44 19 Aug 22
Positive: Responsiveness, Professionalism, Quality, ValueI hired Rollins and Chan for a legal matter. Both Mark and Ada were fantastic and attentive to my matter. I went to the court and Mr. Rollins took control of the situation and I barely had to say anything. My goal was accomplished. Most people like me hate going to court but Mark and Ada made it a little easier on me. I highly recommend Rollins and Chan if you have a legal matter. God bless them !
Shamel WilliamsShamel Williams
06:03 26 Jul 22
GOT THE JOB DONE AND I DIDNT EVEN SHOW MY FACE. THANKS BIG DOG
LaQuelle MartinLaQuelle Martin
14:00 30 Jun 22
I cannot thank The Rollins and Chan Law Firm enough for their incredible work on my case! Mark is a phenomenal attorney and has been tremendously helpful and prompt throughout the entire process. I called him last year with so much anxiety and worry about a charge that he was certain would get dismissed and advised me that once it happened, to call him back and he would work on getting my record expunged. Sure enough, the charge was dismissed and I reached back out to him this year and he got right to work on my case! Thanks to him, my record has now been CLEARED! The process was seamless and turnaround time was about 2 1/2 months which was sooner than I had expected. I am soooo grateful and blessed to have stumbled across their firm online! Please, if you have any issues regarding criminal matters , The Rollins and Chan Law Firm has you covered. I 10/10 highly recommend!!
The EskaThe Eska
21:13 08 Feb 22
Thank you for making everything smooth. Great service 👍. Mr Rollins helped me to dismiss the case and then also helped with record sealing! I am forever grateful!
Deundre AustinDeundre Austin
18:38 27 Jan 22
I’m forever grateful the joy I feel is unexplainable I honestly feel like my life was saved before I even got in trouble what a wonderful team THANK YOU GUYS SO MUCH FROM THE BOTTOM OF MY HEART
Regina T.Regina T.
21:13 11 Dec 21
Ada and Mark are sooo.... amazing!!! They really listen, care and know what they're doing. They will fight for you and will not disappoint!
anita hartanita hart
17:20 06 Dec 21
Mr. Rollins was great. He was professional and he was available to answer my questions at anytime.
David C.David C.
21:44 30 Sep 21
Ada Chan is amazing and delivered exceptional and very professional service. I am thrilled with my experience as she was attentive, answered all of my questions, and delivered sound guidance for resolving my case!!!I highly recommend her firm and her services!!!
LukeLuke
18:15 21 Sep 21
Superb professionalism and timely responses. Nothing but great things to say for this Law firm, they are considerate and genuinely care and want to assist in every way they can. You can trust them.
SEEMA RANISEEMA RANI
18:36 07 Aug 21
Positive: Professionalism, Quality,Responsiveness, ValueWhile I met Ada in very unfortunate circumstances, I’m very glad I did. From the initial phone call, I knew I wanted her to be my lawyer. Not only did she respond to my emails at 11 pm, she called me and answered my questions/concerns late that night. She truly cares about her clients. She is humble, kind, and compassionate. She got what I ultimately hired her to do, a civil protection order. She continued to check on me even after the case is over. I will never forget her kind words and encouragement! Would recommend to everyone I know.Thank you very much!
yinka readyinka read
20:12 06 Apr 21
My experience with the Rollins and Chan Law Firm was incredibly efficient. I found the firm through a quick Google search and within hours of the initial inquiry, I spoke with Ada who took care to explain laws and procedures in a way that was accessible and relevant. Both attorneys were professional and personable. They were responsive to all of my inquiries, usually replying within hours, and they took care to address each of my specific concerns. They utilized a secure online portal that allowed me to sign, view, and download important documents so working remotely was not an issue. They were upfront about fees and, more generally, clearly promote a culture of transparency with clients. And the fact that they are attorneys of color was just icing on the cake. I was wholly satisfied with their service and highly recommend them without reservation.
Teshome STeshome S
19:30 12 Mar 20
Ada Chan is the top best attorney in Washington DC that I have come across. I contacted her when I got into trouble with law enforcement and she went through my case and advised me to keep calm and not to worry about it until my court date. She promised me that she would work hard to get my case dismissed and she delivered on her promise. Ada got my case dismissed and I didn't even need to go to court. That is a superb job and an outcome that any attorney and client would hope for and Ada Chan did it for me. She has saved my family and my career. GOD bless her and her family!!! If I ever come across with any legal issue again, Ada is my number one choice!!!
Gary XiaGary Xia
20:50 14 Nov 19
Mark and Ada are incredibly good at what they do, helping resolve my query in record time. Even though it was only a smaller request, they both took my concerns seriously and were always available to answer questions. In addition, they seemed to be genuinely nice people who care about doing the job right, rather than just about the $$, which is hard to find in the legal profession imho. Thanks Mark and Ada!!!
Omar BississoOmar Bississo
02:39 10 Nov 19
Mark Rollins is a talented trial attorney who fights hard for his clients. He has a keen ability to spot legal issues that other lawyers may overlook and use them to his client’s advantage. I highly recommend him.
BrandonBrandon
00:38 31 Oct 19
All I can say is “wow”. This firm represented a family member of mine and they were just on top of their game. My family member (friend) was charged with a crime and they fought like crazy to win and help her. I was so impressed with Mr. Rollins and his professionalism. Thank you Rollins and Chan.
Jazmyn BrownJazmyn Brown
00:30 31 Oct 19
Me Rollins is a excellent attorney. if you need a criminal attorney you would do well in hiring him. i’m so impressed with his dedication to his clients
Vargha TebyanianVargha Tebyanian
20:20 10 Oct 19
I was very impressed by the knowledge, professionalism, efficiency, responsiveness, and attention to detail that these 2 amazing attorneys manifested through my experience with them. They listened to all of my concerns and addressed each issue one at a time and took the time to explain everything in lengthy detail. This made me feel comfortable and they delivered on what I requested from them exactly as they promised. I HIGHLY recommend these 2 for your legal services. I promise you, you will not find a better duo.
Henok SetegneHenok Setegne
20:31 02 Aug 19
Mr Mark I can’t thank you enough for u done a great job for me and my friend! Ur so professional and hard working and highly knowledgeable! I would like to say keep it up for ur a great job!
Kerry FullerKerry Fuller
14:23 16 May 19
I was in DC for a Human Rights event. My roll was providing free of charge a classic rock concert. During the event I had a situation occur that had me end up with a court hearing date to resolve. Though this was not a major issue I am so happy that Mark and Ada at The Rollins and Chan Law Firm were willing to help resolve this. They were very responsive and understanding of my situation and helped to have the case I was involved in dismissed, ensuring no public record of it. I highly recommend anyone with a major or minor police/court situation in DC to contact them. Thanks so much Mark and Ada. K F
Mr. Rollins is Amazing! He isn’t just any public defender, he actually cares and does what is best for you! Thanks a bunch!
Jovan SoutherlandJovan Southerland
22:02 28 Apr 19
I Highly recommend them from my personal experience there GREAT....
Gregory CopelandGregory Copeland
20:14 18 Apr 19
Hard working, professional, and knowledgeable I've been practice law over 20 years I call them regularly for legal advice on tough legal issues.
Sherika JonesSherika Jones
17:27 23 Mar 19
Excellent service ! Mr. Rollins Worked diligently on my case ! I would definitely recommend his firm and I would chose them first if I should need legal representations the future. Thanks!
War is not The answerWar is not The answer
15:28 13 Mar 19
Mr Mark i have no word to tell about you am very happy and i got clean and fresh mind you are the best Attorney Thank you very much
June PyonJune Pyon
22:33 09 May 18
I had a really wonderful experience with Ada and Mark! When I began my search for law firms, I was really starting to feel hopeless with finding a firm in D.C. where I felt I wasn’t being taken advantage of and my wallet wasn’t being gouged. But all those worries went away the minute I called The Rollins and Chan Law Firm.From the beginning, Ada was super honest with me, and she’s funny and easy to get along with to boot. They truly were the only firm I felt I was getting my money’s worth because both Ada and Mark were always available to answer any questions or concerns I had. The best part is that I’m from out of town (about 4-5 hours away) and everything was being handled so well, that I didn’t even have to make a single trip to D.C. during my case. I made about ten calls to different law firms, and I can say, hands down, the Rollins and Chan Law Firm was the easiest and best decision I made!! Definitely give them a call!
Christian KnightChristian Knight
02:27 13 Mar 18
Mark Rollins is a down to earth awesome lawyer. When things looked kind of grim during trial, he came up with some creative stuff for my defense. Honestly I can't believe I didn't have to do anything but leave the courthouse. If I was to catch another charge like the ones he beat for me, I'm going to have to take it to trial, and go with my best chance. When it comes to DUI/DWI/and other types of drug charges, it's ?% Mark Rollins.
Elliott HaysElliott Hays
15:10 10 Mar 18
There are thousands of choices and you can only choose one. And I'm extremely happy I chose Rollins and Chan. I never needed a lawyer in the past and they represented my interests beyond my greatest expectations. They are fervent in their efforts, quick to communicate and available to their clients. I now find myself confident that if I need representation or councle in the future, I have a line to the best around. Choose them and you will too.
Carlos DevisCarlos Devis
23:56 13 Feb 18
Aida Chan is a great lawyer who really cares about people, I interviewed several lawyers and she was from the beginning the most direct and clear, she spoke of the legal options educating not sowing fear and her way of charging her fees is transparent, I I hired her and she did an incredible job I would hire her again every time.
Brandin SamuelBrandin Samuel
20:19 23 Jan 18
When I initially reached out to this law firm, I was hesitant because I thought the price was pretty steep. However, after reaching out to 4 more law firms I realized that Rollins and Chan is not only very competitively priced, they offered expertise in numerous legal matters. My specific situation required that it be handled discretely and as fast as possible. Ada Chan was the lawyer that handled my case and I could not be happier with the results. The case was dismissed before there even was one. I highly recommend this law firm based on my personal experience with Ada Chan. She really went the extra mile to make sure everything went smoothly.
I contacted Mrs. Chan regarding a 'No permit' case after finding her through Google. She was prompt in responding to me and more importantly took the time to explain the process and various options for fee in layman terms that I could understand. She was patient in answering my multiple questions as this was the first time hiring a lawyer for me. Not only her fee was reasonable, she went above and beyond by representing me at the DMV in addition to the criminal court. She got both dismissed! She is a great attorney (which probably there are many in DC) but most important to me was that she made it easy to work with her. Thanks Chan.
Mzs JohnsonMzs Johnson
18:02 21 Sep 17
Wow! Where does one even BEGIN to rate this Firm at anything less than 10 stars!? I cannot say enough about how GREAT Ada, and Mark are! From the very first time I called their office to retain counsel; I knew this was the Firm for me. Ada took my call, and she was so sympathetic and passionate about my situation without having met me face to face. I was a victim of police brutality, and subsequently was charged with "Resisting Arrest, and Obstructing and Hindering". Although my charges were misdemeanors, they carried 3 years. Ada from the very beginning took on my case with a fury! She stayed in contact with me via text, and responded immediately if I texted or called her with questions or concerns. Not only that, she is so compassionate that she would offer words of comfort and healing whenever I was feeling apprehensive, or stressed out about my case. She is unlike any other attorney I have ever dealt with. Her close communication, and concern really made me feel like she was my best friend or sister. Ada and Mark are both EXTREMELY knowledgeable about their expertise of law! Before my trial, they called me down to their office to go over my case before court. They wanted to make sure that I understood everything, and answered any questions or concerns that I had at no additional charge. My first court date was pushed back, rescheduled for two months out. I was never charged any additional fees for them to appear with me in court an additional time. They were extremely fair and reasonable for the above and beyond services they provided! I had my final case yesterday, and not only was it a VICTORY; I also received a better deal than I anticipated! The 3 years my charges carried were dropped, as well as the 2 years supervised probation the State's Attorney was trying to impose upon me, and one of the charges was STETTED. I walked out of the courtroom yesterday with Probation before Judgement for my charges! That is blessing from above. I felt TOTALLY exonerated by the outcome! First to God be the Glory for leading me to Rollins and Chan, and secondly, THANK YOU Ada and Mark! I'm so GRATEFUL for both of you succeeding in winning my case for me! It's folks like the two of you who truly care about the folks you represent, and the outcome of their situations. You all should be the poster child for ALL attorney's across the nation! Folks, I'm telling you....if you are in need of a Criminal Defense Attorney; don't waste your time looking elsewhere, or I guarantee you will be highly disappointed! You will NOT find a greater Firm than Rollins and Chan, and I will put MONEY on that! Although I love them dearly, I pray not to have to see them again under any other circumstances dealing with the law! LOL! But all jokes aside, thank you again Rollins and Chan for showing up, and showing out! I will continue to refer your Firm if ever I know someone in need. Keep up the great work! Cheers to the number ONE Criminal Defense Team in the DMV! #Friendsforlife #BonnieandClyde #God Bless
Joey VasquezJoey Vasquez
17:26 01 Aug 17
Where do I start? I really liked Rollins and Chan, I'm so happy I was able to have them represent me. It's only these two attorneys so when you talk to someone you're talking to the person that will represent you. They are both very friendly and knowledgeable. They don't sugar coat it and are up front and forward about everything. They kept in contact with me from day one to make sure any and all of my questions were answered. I was fortunate enough to have my case dropped on my way to the courthouse, I cannot explain how happy I am with their work and service! They're definitely well worth it!
Yohannes AmanYohannes Aman
17:59 22 Jul 17
I'm not the best at verbalising things but when it comes to Ada Chan (Rollins and Chan)all I can say is wow! What kept me up and overwhelmed me was put to rest with the legal advice I received.Simply put the honesty of the firm will prove best whether it's good news or a fight. The firm carries this much positive feedback for a reason. Thankyou so much Ada!!!!
Keith HammondsKeith Hammonds
16:08 14 Jul 17
Had a great day in court mr mark rollins was the best lawyer. He hears you ponit and fights for your rights and your freedom i was proud to have mr rollins as a lawyer
shawn priceshawn price
22:42 07 Jul 17
I was in dire need of legal representation, I did my research and came across The Rollins and Chan Law Firm. After talking to Ms Chan about my legal situation, I was truly confident in choosing this firm to handle my legal matters. I made an appointment to meet Mr Rollins and everything was above what I expected. The process was quick to get rectified with this team of counsellors, I am very happy with everything they have done for me. If anyone is in need of legal representation, this is the best choice to handle it. The communication was phenomenal. Thank you Mr Rollins and Ms Chan for giving me a fresh start in life again.
Anonymous OneAnonymous One
21:31 05 Jul 17
Mark Rollins is an excellent attorney. He's very knowledgeable and skilled when it comes to client advocacy and representation. I highly recommend the Rollins and Chan Law firm.
Kristan RobertsKristan Roberts
02:31 12 Apr 17
Ada Chan is beyond AMAZING. I am now living in Florida and she texted me, called me immediately, absolutely anytime I had a question or concern. I still keep in touch with her after she won my case. I only wish she practiced law in Florida! LOVE ROLLINS and CHAN! Thank you both so much.
Matt MarioMatt Mario
15:50 12 Mar 17
Retaining Ms. Chan as my attorney was the best move I made in my case. Two weeks before my court date, I had not decided on a lawyer. I was very uneasy and stressed out. Up to that point, I spoke to three lawyers but I was not convinced. Doing a little more research, I found Ms. Chan and gave her a call. I gave her details of my case and informed her of my prior convictions. She gave me step by step what the process would be with the prosecution and possible scenarios. As we spoke, I was very comfortable and had full confidence in her ability to get me the best outcome possible. I was able to meet with Ms. Chan and Mr. Rollins not long after and felt even more stress was lifted off my shoulders. As a working student with two jobs, the price she quoted me was very affordable. With the short amount of time before my court date, she gathered all the information needed to find the best outcome. Being that I was a previous offender, Ms. Chan was able to negotiate a deal to get my charges dismissed. I am very thankful of her time and effort, because it benefits me and my future. Throughout the process, she was able to keep me updated, helped me relax and stay at ease. She guaranteed exceptional service and her efforts went above and beyond. Not to mention, she puts herself in her client’s shoes so she understands and cares. There was never any moment I had doubt. Ms. Chan met all my expectations and I would highly recommend her to my friends, family, and everyone
jason kimjason kim
14:08 14 Feb 17
They are the BEST!! Easy to get a hold of and really care about you. I was really stressed about my court case but they helped me through it. Even better, they got my case dismissed!They have the best rates and customer service around. They know what they are doing!!
Andrew SoAndrew So
15:12 13 Jan 17
Ada is a beast. She thoroughly held my hand through the process of my case and made me feel comfortable with choosing her out of all the other firms in DC. She worked diligently and kept me posted at all times of my case status and answered any questions regardless of the day and time. Ada is very responsive and ready to answer any questions you have and will guide you through the ins and outs of the process. Would rate 6 stars but 5 is the max.
Q HefnerQ Hefner
03:29 07 Dec 16
Mark and Ada are the TRUTH! Hands down! From the beginning, Ada listened to the details of my case over the phone, and gave transparent and objective advice. Most, if not all, other firms don't want to listen to your case details without setting up an initial face-to-face consultation ($$$). Ada is comical and will respond to any questions you have via text - in record time - every time! Mark communicates best via email, but is nevertheless equally as responsive. Mark and Ada and will break all the court jargon and law terminology down in such a way that makes you understand both the fine details and the big picture of your case. With Mark and Ada, you will pay a reasonable, flat rate and their attentiveness, guidance, and execution are second to none! They will come up with a game-plan and carry it out with precision. I am completely satisfied and I have nothing but high regards for Mark and Ada. And although I don't want to have to, I would request their services again or recommend them to family or friends.
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Rollins and Chan Law Firm

419 7th Street, NW Suite 405
Washington DC 20004
Phone: 202-455-5610