Everytown Lobbyist Drastically Amends HB1104 - Leave a pistol at home while others in the house? CRIMINAL!

Under these bills (HB1104/SB1074), a law-abiding non-prohibited adult who loans a handgun to another law-abiding, non-prohibited adult must go through all the transfer requirements imposed by Section 5-124. That means that the transferee and the transferor must fill out a firearms application otherwise required by MD Code, Public Safety, § 5-118 (State Form 77-R) at a FFL or a State Police barracks, pay $10 and then wait 7 full days before completing the transfer. If the transferee to the loan were to return the handgun to the original transferor after the loan was over, the process would have to be repeated with still another Form 77-R and still another 7 day wait and still another check for $10. Under MD Code, Public Safety, § 5-144, a knowing “participation” in a “transfer” that violates Section 5-124 is punishable with up to 5 years in prison or a fine up to $10,000, “or both.” This bill overrules controlling precedent of the Maryland Court of Appeals, creates enormous legal traps for innocent gun owners while also bringing Section 5-124 into direct conflict with numerous provisions of existing Maryland firearms law. The bill is breathtaking in its scope.

The manuever is in effect an undoing of the compromise made in 2019 on SB346 (you can read our original testimony on those bills HERE).


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The Dangers of Maryland's Carry Laws

On August 12, 2021, Maryland's highest court, the Court of Appeals, ruled that a violation of Md. Criminal Law § 4-203(a)(1)(i) is a strict liability crime. Put simply, if one has a handgun on or about them and is not authorized to do so, they are guilty of violating the law. The case is Lawrence v. State, 471 Md. 101 (2021).

Section 4-203 is the statute that broadly prohibits the wear, carry, or transport of handguns within the State. Specifically, § 4-203(a)(1)(i) states:

 (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;

There are a few exceptions to this ban (found in subsection (b) of Section 4-203), such as one having a Maryland Wear and Carry Permit, possession in the home or business (by the business owner), or when transporting an unloaded handgun (kept in an enclosed case or enclosed holster) between a gun shop and one's residence or from their residence to a gun range. But, outside these sharply limited exceptions set out in subsection (b), the passage above otherwise broadly criminalizes having a pistol on (or about) the person. 

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MSI v. Montgomery County Update

On June 16, 2021, we filed an emergency motion for partial summary judgment on three of our counts against Montgomery County's enactment of Bill 4-21. The motion seeks to enjoin the County from enforcing their new illegal laws which will go into effect on July 16th without action from the Court. Find the motion HERE and the memorandum in support HERE. As we have stated previously, we will not sit idle while politicians make criminals of ordinary and law-abiding residents. You can learn more and find updates about this case at tinyurl.com/msivmoco.

Taking these challenges is not possible without your support! Consider becoming a member of MSI, donating, or wearing MSI apparel or picking up our accessories.

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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