The 445th session of the Maryland General Assembly has adjourned. Instead of honoring and respecting Marylanders’ right to defend themselves in public, the body chose to pass bills that criminalize wear and carry permit holders and ban carry by permit holders in countless new places in Maryland. These bills are on their way to Governor Moore, who has said that he will sign them.
We are prepared to challenge the unconstitutional provisions within these bills through litigation. Marylanders have a right to protect themselves in public and the General Assembly and the Governor cannot legislate those rights away.
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With Governor Moore's approval, The Maryland General Assembly has passed two bills that substantially burden Marylanders' right to armed self-defense in public. Starting October 1st, 2023, SB 1 bans public carry in most buildings by default unless a building's owner or agent provides express consent to carry inside. It also makes a host of places completely off-limits regardless of what the property owner says. HB 824 affects carry permits themselves by increasing permit fees, affecting background investigations, increasing the penalty for carrying a handgun without a permit, and imposing new disqualifiers on the possession of regulated firearms. These restrictions on legal handgun carriage are largely in addition to the places already off-limits as covered in our State and Local weapons laws guide. Read more about these two bills and your right to protect yourself.
On behalf of our members and in partnership with the Second Amendment Foundation and Firearms Policy Coalition, Maryland Shall Issue and three individual plaintiffs are challenging unconstitutional aspects of SB 1, the so-called “Gun Safety Act of 2023” in the US District Court for the District of Maryland. SB 1 effectively nullifies the "general right to carry in public" for carry permit holders confirmed by the Supreme Court's decision NYSRPA v. Bruen just this last June. It does so by banning firearms in a whole host of locations otherwise open to the public, including places like stores and shops, restaurants, museums, and healthcare facilities. The suit also challenges the general ban on possession of firearms on public transit owned or controlled by the State Mass Transit Administration and in the tens of thousands of acres of woodlands in State parks, State forests, and State Chesapeake forest lands. We have every confidence that we will prevail in whole or in part in this suit.
Find more about Novotny v. Moore HERE.
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SB 745 Criminal Law - Wearing, Carrying, or Transporting Handgun - Penalties (Gun Violence Accountability Act)
Sponsored by Senator Folden
Being heard 3/14 in the Senate Judicial Proceedings Committee at 1pm
The Bill:
MD Code Criminal Law § 4-203(a), sharply limits the right of otherwise law-abiding Marylanders to wear, carry or transport a handgun in the State. Specifically, subsection 4-203(a)(1) provides in pertinent part: “(a)(1) Except as provided in subsection (b) of this section, a person may not: (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person; (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.” Subsection 4-203(a)(2) provides that “[t]here is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.” This law broadly bans such wear, carry or transport everywhere in Maryland.
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HB 854 Criminal Procedure – Expungement of Records – Revisions
Sponsored by Delegate Attar
Being heard 3/7 in the House Judiciary Committee at 1pm
The Bill: The Bill amends the definition of “expunge” as used in Maryland law, MD Code, Criminal Procedure, § 10-101(d), to make clear that the term means THE EXTRACTION AND ISOLATION OF ALL RECORDS ON FILE WITHIN ANY COURT, DETENTION OR CORRECTIONAL FACILITY, AND LAW ENFORCEMENT OR CRIMINAL JUSTICE AGENCY CONCERNING A PERSON’S DETECTION, APPREHENSION, DETENTION, TRIAL, OR DISPOSITION OF AN OFFENSE WITHIN THE CRIMINAL JUSTICE SYSTEM.” The existing version of that subsection merely defines “expunge” to mean the removal of these records from public inspection. The new definition is thus broader. Subsection (e) is likewise amended to define “expungement” to mean THE EXTRACTION AND ISOLATION OF ALL RECORDS ON FILE.
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HB 860/SB 463 Public Safety - Permit to Wear, Carry, or Transport a Handgun Denial - Refund of Application Fee
House bill sponsored by Delegate Hartman and being heard 3/1 in the House Judiciary Committee. Senate bill sponsored by Senator Folden and being heard 3/9 in the Senate Judicial Proceedings Committee
The Bill:
This Bill is very simple. It requires the State Police to refund the application fee ($75) for a wear and carry permit governed by MD Code, Public Safety, § 5-306, for any application that was denied between July 5, 2019, and July 5, 2022. The Bill requires that any person whose application was denied during that time period must file a claim for this refund and submit “supporting documents.”
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HB 750 Gun Theft Felony Act of 2023
Sponsored by Delegate Muñoz
Being heard 3/1 in the House Judiciary Committee
The Bill:
The purpose of this bill is to provide for greatly enhanced penalties for the theft of a firearm. Under current law, theft of a firearm is treated just like the theft of any other piece of personal property. For example, under MD Code Criminal Law § 7-104(g)(2), “a person convicted of theft of property or services with a value of at least $100 but less than $1,500, is guilty of a misdemeanor and: (i) is subject to: 1. for a first conviction, imprisonment not exceeding 6 months or a fine not exceeding $500 or both; and 2. for a second or subsequent conviction, imprisonment not exceeding 1 year or a fine not exceeding $500 or both. The bill would change these penalties for theft of a firearm to a felony and would impose, on the first offense, a term of imprisonment not exceeding 5 years and/or a fine of $1,000. Subsequent offenses are punishable by imprisonment for a term not exceeding 10 years and/or a fine not exceeding $2,500. These punishments are similar to the provisions passed in 2020 by the Senate in SB 35, which likewise made theft of a firearm a felony and punished such theft with imprisonment for up to 5 years and a fine of $10,000. SB 35 further required the thief to restore the firearm to the owner or pay the owner the value of the firearm.
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HB 756 Public Safety – Handgun Permits – Expunged Conviction
Sponsored by Delegate Grammer
Being heard 3/1 in the House Judiciary Committee at 1pm
The Bill: The Bill amends MD Code, Public Safety § 5-306, to make clear that a person who has been granted a petition for expungement of conviction under Title 10, Subtitle 1 of the Criminal Law article of Maryland is eligible for a wear and carry permit.
The Bill is Appropriate: Federal and State law has long recognized the restoration of rights by expungement. For example, federal law, 18 U.S.C. § 921(a)(33(B)(ii), makes clear that conviction of an otherwise disqualifying misdemeanor under State law is not disqualifying if the conviction “has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.” Similarly, 18 U.S.C. § 921(a)(20) provides that “[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.”
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Halfway Through the Legislative Session
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Friday was the halfway mark of the 445th Session of the Maryland General Assembly and a lot of gun bills have been heard but still, more are on the way. As April 10th, the end of session, fast approaches, we’re now at the point where bills will be debated and voted on in their respective committees and then moved to the floor in each chamber. The next three weeks in particular will be quite busy, as lawmakers in both work to get bills to the opposite chamber by March 20th, “Crossover Day,” and give their bills a better chance at passage.
Where do the gun bills currently stand and what’s ahead?
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SB 656 "Criminal Law - Failure to Properly Store Firearm - Death of Another"
Sponsored by Senator Jill Carter
Being heard February 21st at 1pm before the Senate Judicial Proceedings Committee
This Bill would amend MD Code Criminal Law § 4-104. Specifically, Section 4-104 currently provides that “[a] person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.” A child is defined for these purposes as a person “under the age of 16 years.” The Bill would amend Section 4-104 to expand this ban on storage to include a ban on providing access to a WARD, who is defined to as an adult who is both a prohibited person and who is THE SUBJECT OF A LEGAL GUARDIANSHIP. The Bill then provides that a person may not also violate this ban on storage where such violation “RESULTING IN THE CHILD OR WARD USING THE FIREARM AND CAUSING THE DEATH OF ANOTHER.” A person who violates this additional prohibition is deemed to be “GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.”
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HB 824 Public Safety - Regulated Firearms - Possession and Permits to Carry, Wear, and Transport a Handgun
Sponsored by Delegate Luke Clippinger
Being heard February 22nd at 1pm before the House Judiciary Committee
The Bill:
This bill would add sections to MD Code, Public Safety, § 5-133(b), to prohibit the possession of a regulated firearm (a handgun) if a person is on supervised probation from any crime punishable by more than 1 year of imprisonment, has been convicted of driving under the influence of alcohol or drugs, has violated a protective order entered under the Family Law article of the Maryland code, or has been convicted a second time of a violation of the storage provisions of MD Code, Criminal Law, 4-104 or has been convicted of violating Section 4-104 if the violation resulted in the use of a loaded firearm by a child causing death or serious bodily injury. It would further provide that a person who has been convicted of any violation of Section 4-104, even a first-time conviction, would be barred from possessing a regulated firearm for 5 years. It would likewise amend Section 5-133 to ban possession of a regulated firearm by any person who suffers from a “mental disorder” as defined by MD Code, Health General 10-101(I)(2) and by any person who is the respondent to a civil protective order under Section 4-506 of the Family Law article.
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Earlier this week, testimony was heard on HB 481 and HB 307, and advocates for the right to keep and bear arms did not disappoint. HB 481 was met with outspoken resistance not only from gun owners’ rights advocates, but also from advocates for criminal justice reform, public defenders, and the ACLU of Maryland. All cautioned the Judiciary Committee about the effects of enforcement and convictions that exist under current law and how increasing the penalty for the wear, carry, and transport of handguns without a permit will do nothing to increase public safety. The entire hearing can be viewed HERE and the opposition panels HERE. Kudos to those who testified against this really awful bill.
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HB 590 Election Law – Polling Sites – Firearms Prohibitions
Sponsored by Delegate Shaneka Henson
Being heard February 21st at 1pm before the House Ways and Means Committee
The Bill: The bill, as originally submitted, was a carbon copy of HB 30 submitted last Session, which in turn was a copy of SB 10 from the 2021 General Assembly Session. HB 30 never emerged from the House Ways and Means Committee last year after a hearing and SB 10 never passed the House in 2021. HB 580 warrants the same desk drawer fate this year as it is a solution in search of a problem, poorly drafted and, in part at least, unconstitutional.
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More Gun Bills Ahead
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Your testimony, calls, emails, and interactions with your lawmakers didn’t disappoint on February 7th! Marylanders of all walks spoke in vigorous and articulate opposition to SB 1, SB 86, and SB 113. Links to watch that (length) testimony are available in each bill's respective link in our gun bill tracker. The work isn’t done, however as there are more bills being heard in other committees, including two bills, HB 307 and HB 481, being heard on Wednesday, February 15, 2023, in the House Judiciary Committee.
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HB 481 Criminal Law – Wearing, Carrying, or Transporting a Handgun – Penalty
Sponsored by Delegate Frank Conaway
Being heard February 15th at 1pm before the House Judiciary Committee
SB 118 Criminal Law – Prohibitions on Wearing, Carrying, or Transporting Firearms
Sponsored by Senator Cory McCray
Currently before the Senate Rules Committee. Date not set.
The Bill:
MD Code Criminal Law § 4-203(a), sharply limits the right of otherwise law-abiding Marylanders to wear, carry or transport a handgun in the State. Specifically, subsection 4-203(a)(1) provides in pertinent part: “(a)(1) Except as provided in subsection (b) of this section, a person may not: (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person; (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.” This law broadly bans such wear, carry or transport everywhere in Maryland.
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Photo by Jake Forsher on Unsplash
SB 86 "Rifles and Shotguns – Possession – Age Requirement (Raise the Age Act of 2023)"
Sponsored by Senator Jeff Waldstreicher
Heard February 7th at 1pm before the Senate Judicial Proceedings Committee
The Bill: SB 86 amends MD Code, Public Safety, § 5-134 to provide that “A PERSON WHO IS UNDER THE AGE OF 21 YEARS MAY NOT POSSESS A RIFLE OR SHOTGUN.” The Bill provides exceptions for this ban, stating such possession is permitted if the person is “UNDER THE SUPERVISION OF ANOTHER WHO IS AT LEAST 21 YEARS OLD … AND ACTING WITH THE PERMISSION OF THE PARENT OR LEGAL GUARDIAN.” Such possession is likewise permitted if the person is 1. PARTICIPATING IN MARKSMANSHIP TRAINING OF A RECOGNIZED ORGANIZATION; AND 2. UNDER THE SUPERVISION OF A QUALIFIED INSTRUCTOR. And possession is permitted if such possession is required by the person for employment and for self-defense against “A TRESPASSER INTO THE RESIDENCE.” A violation of this ban on possession is punishable by imprisonment for 5 years and $10,000 fine.
The Bill Is Flatly Unconstitutional. Stated simply, 18–20-year-olds have Second Amendment rights under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022), and District of Columbia v. Heller, 554 U.S. 570 (2008), as applied to the States under the 14th Amendment in McDonald v. Chicago, 561 U.S. 742 (2010). As stated in Bruen, “[i]n Heller and McDonald, we held that the Second and Fourteenth Amendments protect an individual right to keep and bear arms for self-defense. Bruen, 142 S.Ct. at 2125. This right extends to all “law-abiding, responsible citizens.” Bruen, 142 S.Ct. at 2131. The issue posed by this Bill is thus whether 18-20-year-olds fall within this broad category of “law-abiding responsible citizens” such that a flat ban on all firearm possession is unconstitutional. That question virtually answers itself.
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Latest News
Novotny v. Moore - Challenge against aspects of SB 1 and current public carry restrictions
Maryland Shall Issue, the Second Amendment Foundation, the Firearms Policy Coalition, and three individuals have challenged SB 1. That bill passed this last Session of the General Assembly places many unconstitutional restrictions on the right to carry with a permit in Maryland. The case is styled Novotny v. Moore and has been consolidated with Kipke v. Moore in federal district court in Baltimore. Kipke was brought by the Maryland State Rifle and Pistol Association. Plaintiffs in both cases have filed motions for preliminary injunctions and motions for summary judgment with the aim of stopping enforcement of certain restrictions placed by SB 1 by October 1st, the bill’s effective date. Briefing is ongoing in both cases and then the court will decide whether to hold an oral argument and simply move to the issuance of a decision. The court is not required to decide the case within any set time. We will provide updates of importance as they occur. Find all of the filings in both of these cases HERE.
Contact Info
Mailing Address:
Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150
Phone: 410-849-9197
Email:
Web: www.marylandshallissue.org
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