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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House Bill 159 "Criminal Procedure - Warrantless Arrest - Straw Purchase Participant"
Sponsored by Delegate Attar
Being heard in the House Judiciary Committee 1/31/2023
Testimony Signup: 1/27/2023 between 8am and 3pm
The Bill: This bill is very simple. It adds “KNOWINGLY BEING A PARTICIPANT IN A STRAW PURCHASE OF A REGULATED FIREARM UNDER § 5–141 OF THE PUBLIC SAFETY ARTICLE” to the existing list of offenses, found in MD Code, Criminal Procedure, § 2-203, for which a police officer may arrest a person without a warrant if the officer has probable cause to believe that a person is engaged in such conduct. The underlying conduct is already prohibited in MD Code, Public Safety, § 5-141. That section simply provides that “[a] dealer or other person may not be a knowing participant in a straw purchase of a regulated firearm for a minor or for a person prohibited by law from possessing a regulated firearm.”
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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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