❌ SB873 Public Safety – Firearm Industry Members – Public Nuisance
Senators Waldstreicher and Smith
Hearing Canceled

❌ HB1396 Public Safety – Firearm Industry Members – Public Nuisance
Delegate Atterbeary
MSI OPPOSES this bill!
Hearing scheduled for 3/15 at 1pm
Signup to testify between 8am and 3pm on 3/11/2022 with your MyMGA Account
For more on how to testify and signup, read our guide.

The Bills: These bills define a new offense of “public nuisance” and is designed to negate the Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901, et seq. (“PLCAA”). It provides a new duty of care on a “firearm industry member” a term that is defined by the bill to include “A PERSON ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION, IMPORTING, OR MARKETING” of any “QUALIFIED PRODUCT,” a term that is defined to include all firearms and ammunition, including mere “COMPONENTS” of firearms and ammunition. The bills provide that such a “member” of the industry may not “knowingly or recklessly” engage in conduct that is “unlawful” or in conduct that “IS UNREASONABLE AND CREATES, MAINTAINS, OR CONTRIBUTES TO A CONDITION IN THE STATE THAT ENDANGERS THE HEALTH AND SAFETY OF THE PUBLIC THROUGH THE SALE, MANUFACTURING, IMPORTING, OR MARKETING OF A QUALIFIED PRODUCT.” The bill also imposes a new duty on such industry members to “ESTABLISH AND USE REASONABLE CONTROLS AND PROCEDURES TO PREVENT A QUALIFIED PRODUCT FROM BEING POSSESSED, USED, MARKETED, OR SOLD UNLAWFULLY IN THE STATE.”

The bill then declares that any violation of the foregoing provisions “THAT RESULTS IN HARM TO THE PUBLIC IS A PUBLIC NUISANCE.” The bill provides that the “CONDUCT” of the industry member SHALL CONSTITUTE A PROXIMATE CAUSE OF THE PUBLIC NUISANCE IF THE ENDANGERMENT OF THE HEALTH AND SAFETY OF THE PUBLIC WAS A REASONABLY FORESEEABLE EFFECT OF THE CONDUCT, NOTWITHSTANDING ANY INTERVENING ACTIONS, INCLUDING CRIMINAL ACTIONS BY THIRD PARTIES.” The bill then provides for enforcement of the bill’s provisions by the Attorney General if the Attorney General “SUSPECTS” a violation or imminent violation, providing that “IN ACCORDANCE WITH AN ORDER OF THE COURT OF APPEALS, IMPOUND AND RETAIN” records of the industry member. The bill also provides for lawsuits, stating IF THE ATTORNEY GENERAL DETERMINES THAT THERE HAS BEEN A VIOLATION UNDER THIS SUBTITLE, THE FOLLOWING PARTIES MAY BRING AN ACTION AGAINST THE FIREARM INDUSTRY MEMBER FOR INJUNCTIVE RELIEF OR TO RECOVER FOR DAMAGES, OR BOTH, IN THE COURT OF APPEALS OR IN A FEDERAL COURT SITTING IN THE STATE.” The list of persons entitled to bring suit “IN THE COURT OF APPEALS OR IN A FEDERAL COURT,” includes the Attorney General, city corporate counsel and “A PERSON THAT SUFFERED DAMAGE AS A RESULT OF THE VIOLATION.” The bill authorizes compensatory and punitive damages, attorneys’ fees and costs and “OTHER RELIEF THE COURT CONSIDERS PROPER.”

❌ HB1021 Public Safety – Licensed Firearms Dealers – Security Requirements
Speaker Jones
MSI OPPOSES this bill!
Hearing scheduled for 3/2 at 1pm
Signup to testify between 2/28 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

The Bill:

The bill would create a new Section 5-145.1 in the Public Safety Article of the Maryland Code that would impose new security requirements on licensed dealers in Maryland.  Specifically, the bill provides that a dealer MAY NOT CONDUCT BUSINESS AND STORE FIREARMS AT A LOCATION UNLESS the premises on which the dealer operates is EQUIPPED WITH . . . (1) EQUIPMENT CAPABLE OF FILMING AND RECORDING VIDEO FOOTAGE INSIDE AND OUTSIDE BUILDINGS WHERE FIREARMS ARE STORED; (2) BARS OR SECURITY SCREENS DESIGNED TO PREVENT UNAUTHORIZED ENTRY ON ALL EXTERIOR DOORS AND WINDOWS OF ALL BUILDINGS WHERE FIREARMS ARE STORED; (3) A BURGLARY ALARM SYSTEM THAT IS CONTINUALLY MONITORED; AND (4) PHYSICAL BARRIERS DESIGNED TO PREVENT THE USE OF MOTOR VEHICLES TO BREACH ALL BUILDINGS WHERE FIREARMS ARE STORED. The bill then provides that, outside of business hours, the dealer must LOCK[] ALL FIREARMS STORED ON THE PREMISES IN: (I) A VAULT; (II) A SAFE; OR (III) A SECURE ROOM.

The bill imposes a civil penalty of $1,000 for the first violation.  For a second and subsequent violations, the bill imposes a criminal penalty of 3 years imprisonment and/or a fine of $10,000 if the offense was COMMITTED KNOWINGLY AND WILLFULLY. This criminal penalty effectively renders the dealer a disqualified person under both federal and state law, thereby ending the ability of the dealer to possess any firearm or modern ammunition for life. See 18 U.S.C. 921(a)(20)(B), MD Code, Public Safety, § 5-101(g)(3). The ability of the dealer to make a living as a dealer is thus destroyed upon indictment, 18 U.S.C. 922(n), and/or conviction, 18 U.S.C. § 922(g), for this offense.

Being heard Virtually on March 2nd at 1pm in the Judiciary Committee:
Testimony signup and submission is 2/28 between 8am and 3pm.
Go directly to the MyMGA Witness Signup page here: https://mgaleg.maryland.gov/mgawebsite/MyMGATracking/WitnessSignup

✅ HB1288 Public Safety - Handgun Permit Application Fee - Waiver for Disabled Residents
Delegate Arikan, et al.

❌ HB1021 Public Safety – Licensed Firearms Dealers – Security Requirements
Speaker Jones

Being heard In-Person March 2nd at 1pm in the Judicial Proceedings Committee:

❌ SB873 Public Safety – Firearm Industry Members – Public Nuisance
Senators Waldstreicher and Smith

Being heard Virtually on March 9th at 1pm in the Judiciary Committee:

✅ HB871 Handgun Permit - Preliminary Approval
Delegate Saab, et al.

✅ HB1174 Public Safety – Permit to Carry, Wear, or Transport a Handgun – Qualifications
Delegate Kipke, et al.

✅ HB1206 Public Safety – Handgun Permit Requirement – Repeal (Maryland’s Constitutional Carry Act of 2022)
Delegate Grammer

ℹ️ HB482 Firearms – Right to Purchase, Own, Possess, and Carry – Medical Cannabis
Delegate Grammer

Being heard Virtually on March 10th at 1pm in the Appropriations Committee:
Testimony signup and submission is on 3/8 between 8am and 3pm.

❌ HB780 Gun-Free Higher Education Zones
Delegate Jalisi

Being heard In-Person March 15th at 1pm in the Judicial Proceedings Committee:

❌ SB676 Firearm Safety - Storage Requirements and Youth Suicide Prevention (Jaelynn's Law)
Senators Smith and Beidle

❌ SB773 Public Safety – Firearms Dealers – Storage Vaults for Regulated Firearms
Senator Carter

✅ HB1174 Public Safety – Permit to Carry, Wear, or Transport a Handgun – Qualifications
Delegate Nick Kipke, et al.
MSI SUPPORTS this bill!
Hearing scheduled for 3/9 at 1pm
Signup to testify between 3/7 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

✅ SB327 Public Safety – Permit to Carry, Wear, or Transport a Handgun – Qualifications
Senator Justin Ready, et al.
MSI SUPPORTS this bill!
Heard on 2/10 - Watch HERE

The Bills

These bills would amend MD Code, Public Safety, § 5-306(b)(6)(ii) to specify that “self-protection,” or “self-defense” is a basis for finding a “good and substantial” reason for the issuance of a Maryland Wear and Carry Permit. The bills leave unaltered the rest of Section 5-306, including leaving unchanged the rigorous training requirements of 16 hours of instruction that includes a live fire component that “demonstrates the applicant’s proficiency and use of the firearm.” Also unchanged is the requirement that the State Police conduct a background investigation using the applicant’s fingerprints, and the requirement that the State Police find that the applicant “has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or to another,” found at § 5-306(b)(6)(ii).

Stated briefly, there are powerful reasons to enact this bill into law. Section 5-306, as administered by the State Police, is unconstitutional without these amendments. The Maryland requirement of a “good and substantial reason” is on borrowed time in the courts, including in a pending case challenging Maryland’s law. Should Maryland lose in such litigation, the attorneys’ fees award against Maryland under 42 U.S.C. §1988, will prove quite expensive. Moreover, as John Hopkins University’s most recent study (attached) documents, illegal carry by otherwise law-abiding citizens for self-defense is very common in Baltimore. These individuals should be accorded an opportunity to carry legally, so as to obtain the training and legal instruction presently mandated by Maryland law. The amendments to Maryland’s law in this bill would make that possible. As explained below, the status quo in Baltimore is utterly untenable.

❌ HB659 - Firearm Safety - Storage Requirements and Youth Suicide Prevention (Jaelynn's Law)
Delegate Dana Stein
MSI OPPOSES this bill!
Virtual hearing scheduled for 2/23 at 1pm
Signup to testify between 2/21 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

❌ SB676 Firearm Safety - Storage Requirements and Youth Suicide Prevention (Jaelynn's Law)
Senators Smith and Beidle
MSI OPPOSES this bill!
In-person hearing scheduled for 3/15 at 1pm
Signup to testify between 3/14 at 4pm and and 3/15 by 10am with your MyMGA Account
For more on how to testify and signup, read our guide.

The Bills:

The bills would amend MD Code Criminal Law § 4-104. Specifically, current law 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.” These bills would change the definition of a child to any minor (a person under the age of 18 years). The bills then provide that a person may not store or leave any firearm, loaded or unloaded, in a location where a person knew or reasonably should have known that an unsupervised MINOR IS LIKELY TO gain access to the firearm.

The bills then create three categories of prohibitions concerning such access. The first is simply that A PERSON MAY NOT STORE OR LEAVE A FIREARM IN A LOCATION WHERE THE PERSON KNEW OR REASONABLY SHOULD HAVE KNOWN THAT AN UNSUPERVISED MINOR IS LIKELY TO GAIN ACCESS TO THE FIREARM, but the minor does not actually gain access. Such storage is punishable with 90 days in prison or a fine of $1,000 or both. The second category is where such storage occurs and AN UNSUPERVISED MINOR DOES GAIN ACCESS TO THE FIREARM. Such storage is punishable by imprisonment by up to 2 years and a $2,500 fine or both. The third category is that the firearm is left WHERE THE PERSON KNEW OR REASONABLY SHOULD HAVE KNOWN THAT AN UNSUPERVISED MINOR IS LIKELY TO GAIN ACCESS and the minor’s access RESULTS IN HARM TO THE MINOR OR TO ANOTHER PERSON. Such storage is punishable by up to 3 years imprisonment and a fine of $5,000.

The bills also create a number of “safe harbors” for certain conduct or storage which are exempt from the bills’ prohibitions. Specifically, the bills retain current law exemptions for when minor access is supervised by a person 18 or older and where the minor’s access is the result of unlawful entry. The bills add an exemption for firearms that are stored UNLOADED, and the ammunition for such firearm is IN A SECURE LOCATION WHERE A MINOR IS NOT LIKELY TO GAIN ACCESS TO THE AMMUNITION and THE FIREARM: 1. SECURED IN A LOCKED CONTAINER THAT IS EQUIPPED WITH A TAMPER-RESISTANT LOCK; OR 2. RENDERED INOPERABLE TO ANYONE OTHER THAN AN AUTHORIZED ADULT. The bill also retains the existing law’s exemption for a minor who has a certificate of firearm and hunter safety issued by the State, but restricts that access solely to a rifle or shotgun and adds the caveat that the minor must have BEEN GIVEN EXPRESS PERMISSION BY THE MINOR’S PARENT OR GUARDIAN TO ACCESS THE RIFLE OR SHOTGUN FOR THE PURPOSE OF ENGAGING IN A LAWFUL ACTIVITY. 

✅ HB590 - Handgun Permit Holders – Authority to Carry Handguns in State Parks and Forests
Delegate Daniel Cox
MSI SUPPORTS this bill!
Virtual hearing scheduled for 2/23 at 1pm
Signup to testify between 2/21 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

The Bill and the Existing Legal Framework: This bill provides that the Department of Natural Resources may not prohibit an individual to whom a handgun permit has been issued by the State Police under MD Code, Public Safety, § 5-306, from wearing, carrying, or transporting a handgun in a State park or forest, subject to any limitations attached to such a permit by the State Police under MD Code, Public Safety, § 5-307. Under current regulations, the Department has broadly banned possession of firearms in these locations, without regard to whether a person has been issued a permit by the State Police. See COMAR § 08.01.07.14 (relating to Chesapeake Forest Lands); COMAR § 08.07.01.04 (relating to State forests); COMAR § 08.07.06.04 (relating to State parks). This bill would allow persons with carry permits (and only such persons) to possess and carry a firearm in these locations, just as such persons are entrusted by the State Police to possess and carry a loaded firearm in other public areas throughout the State.

As amended by the Firearms Safety Act of 2013, MD Code, Public Safety, § 5-306(b)(6), allows the State Police to issue a carry permit upon a showing that the applicant for the permit has demonstrated a “good and substantial reason” to carry a firearm in public. Such a good cause requirement is sometimes known as a “may issue” requirement, as a particularized showing of need is required. Section 5-306 also imposes rigorous training requirements of 16 hours of instruction that includes a live fire component that “demonstrates the applicant’s proficiency and use of the firearm.” Section 5-306(b)(6) requires that the State Police conduct a background investigation using the applicant’s fingerprints, and that the State Police find that the applicant “has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or to another.” Another Maryland statute, MD Code, Public Safety, § 5-307, allows the State Police to attach time, place and manner restrictions on any carry permit issued under Section 5-306.

✅ SB456 Firearms - Handgun Qualification License - Firearms Orientation Component
Senator Jack Bailey
MSI SUPPORTS this bill!
Hearing scheduled for 2/16 at 1pm
Signup to testify between 2/15 at 4pm and and 2/16 by 10am with your MyMGA Account
For more on how to testify and signup, read our guide.

The HQL Statute and the Bill

This bill would amend MD Code, Public Safety, 5-117.1 (HQL statute).  That Section prohibits law-abiding, responsible Maryland citizens from acquiring a handgun unless they have a Handgun Qualification License (“HQL”). Md. Code Ann., Pub. Safety, § 5-117.1(c).  Subsection (d) imposes training requirements, including a (i) a minimum of 4 hours of instruction by a qualified handgun instructor” consisting of “(ii) classroom instruction on: 1. State firearm law; 2. home firearm safety; 3. handgun mechanisms and operation; and (iii) a firearms orientation component that demonstrates the person’s safe operation and handling of a firearm.”  In regulations, the Maryland State Police have added a new and additional live-fire training requirement, mandating that the HQL applicant “safely fires at least one round of live ammunition.”  COMAR 29.03.01.29(C)(4). That live round requirement is not found in the statute. 

The bill would allow instructors to use live fire in teaching the HQL class, providing that the class “MAY INCLUDE THE USE OF LIVE OR INERT AMMUNITION.”  Instructors do this now as HQL instruction is sometimes combined with instruction for the much longer (8 hours) NRA Basic Pistol course, in which live fire is a substantial part. The bill, however, goes on to provide that live fire is not required in order to satisfy the training requirement, stating that “A PERSON MAY NOT BE REQUIRED TO FIRE ROUNDS OF LIVE AMMUNITION AS PART OF THE FIREARMS ORIENTATION COMPONENT UNDER PARAGRAPH (1)(III)3 OF THIS SUBSECTION.” As explained below, this provision is fully consistent with the language and legislative history of the HQL legislation and will broaden the availability of basic firearms training to underserved portions of the Maryland community which have be unable to obtain training because of the live fire requirement.

✅ SB533 - Criminal Law - Theft of a Handgun
Senator Justin Ready
MSI is providing Informational Testimony only
Hearing scheduled for 2/16 at 1pm
Signup to testify between 2/15 at 4pm and and 2/16 by 10am with your MyMGA Account
For more on how to testify and signup, read our guide.

Photo by Michael Dziedzic on Unsplash

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 enacted 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.

House Bill 425 is being heard on 2/9 in a virtual-only (Zoom) hearing starting at 1 pm.
Sign up for this hearing starts on 2/7 at 8 am and ends at 3 pm. Sign-up is done with your MyMGA account.

Senate Bill 387 is being heard on 2/16 in-person in a hearing starting at 1 pm in the Senate Judicial Proceedings room. Sign-up starts on 2/15 at 4 pm and ends the morning of the hearing at 10 am. Sign-up is best done with your MyMGA account.

Check out our guide on submitting bill testimony HERE: https://www.marylandshallissue.org/jmain/legislation-tracker/166-tips-testimony-mga

The Bills and Framework of State and Federal Law

The bills would create a massive new gun ban on the possession, receipt, sale, transfer or purchase of un-serialized unfinished receivers and frames. First, the bills provide that “person may not purchase, receive, sell, offer to sell, or transfer an unfinished frame or receiver unless it is required by federal law to be, and has been, imprinted with a serial number by a federally licensed firearms manufacturer or federally licensed firearms importer in compliance with all federal laws and regulations applicable to the manufacture and import of firearms.” This ban would go into effect on June 1, 2022. Next, the bills ban mere possession of an unserialized, privately made firearm on or after January 1, 2023. To be lawfully kept after January 1, 2023, all unfinished frames and receivers would have to be serialized as the bills describe. The mere possession of any unserialized item considered to be a firearm is a criminal offense as of 1/1/2023.

The bills create a very broad and new definition of "firearm" to make clear that unfinished receivers will now be considered to be a “firearm.” Specifically, the bills define "unfinished frame or receiver" to mean "a forged, cast, printed, extruded, or machined body or similar article that (1) Has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or (2) Is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted." In this respect, the bills go far beyond the definition of a firearm set forth in federal law. Under federal law, 18 U.S.C. 921(a)(3), a firearm is defined as “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.”

✅ SB338 - Handgun Permit - Preliminary Approval
Senator Michael Hough
MSI is providing Informational Testimony only
Hearing scheduled for 2/8 at 1pm
Signup to testify on 2/4 between 10am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

The Firearms Safety Act of 2013 requires that a person complete a 16 hour training course, taught by a State certified instructor, “prior to application” for a carry permit. MD Code, Public Safety, § 5-306(a)(5). Senate Bill 338 would amend Section 5-306 to delete the requirement that the training be completed “prior to application.” It then provides that a person may file an initial application for a wear and carry permit without completing the training and directs that the State Police to issue a preliminary approval if the person is otherwise qualified for the permit. The person then has 120 days after receipt of the preliminary approval to furnish the State Police the certificate of training otherwise required by the regulations. A permit does not issue until that training certificate is provided.  If no certificate of training is provided, the State Police are directed to revoke the preliminary approval and deny the permit application.

This bill makes sense.  Indeed, this same bill passed the House of Delegates in 2017 as HB 1036 and that bill was reported out this Committee with a favorable report. The bill only failed to become law that year because time ran out at sine die. In 2020, the same bill (SB 506) was favorably reported out by this Committee and unanimously passed the Senate, only to die in the House with the shortened legislative session due to COVID 19. Last Session, this same preliminary approval legislation (SB 309) was passed by the Senate, but died in the House. This bill, SB 338, is not materially different than these bills that have passed the Senate and the House in years past. 

To be clear, the existing, very rigorous training requirements are not relaxed in the slightest under this bill and no permit may be issued without a person satisfying those requirements. That training, however, is relatively hard to find and can be quite expensive, running from around $300 up to $600 for each person in a class. This high cost reflects the number of hours required and the mandatory live-fire course mandated by the State Police.  That live-fire requirement necessitates access to a range, which are relatively few in number in Maryland and most commonly privately owned and operated.  Many, if not most, instructors require a minimum number of persons in a class, typically ten, and classes are not held until that minimum number of persons actually sign up for the class. For these reasons, a person will need at least 120 days to find the course and secure training. This bill allows a person to apply without undergoing that initial and substantial expense, which would be completely wasted if the State Police were to determine that the person is not otherwise qualified for the permit.

Other jurisdictions follow this same approach.  For example, California imposes a “good cause” requirement for a carry permit. See CA Penal Code 26202. That “good cause” requirement is quite similar to the Maryland “good and substantial reason” requirement imposed by MD Code Public Safety §5-306(a)(6)(ii).  California, like Maryland, likewise imposes a 16 hour training requirement.  CA Penal Code § 26165.  Yet, that same provision also provides that “[t]he applicant shall not be required to pay for any training courses prior to the determination of good cause being made pursuant to Section 26202.”  See also Section 26202 (“If the licensing authority determines that good cause exists, the notice shall inform the applicants to proceed with the training requirements specified in Section 26165.”).

So-Called "Ghost Guns."  Two New Bills:

The two identical bills that would criminalize the possession of any unserialized firearms in Maryland have been scheduled for separate hearings in the House and Senate. Your testimony against them could mean the difference between incarcerating innocent Marylanders and being able to legally keep arms you've always had the right to have. If they are going to be stopped or amended, YOUR TESTIMONY is needed.

House Bill 425 is being heard on 2/9 in a virtual-only (Zoom) hearing starting at 1 pm.
Sign up for this hearing starts on 2/7 at 8 am and ends at 3 pm. Sign-up is done with your MyMGA account.

Senate Bill 387 is being heard on 2/16 in-person in a hearing starting at 1 pm in the Senate Judicial Proceedings room. Sign-up starts on 2/15 at 4 pm and ends the morning of the hearing at 10 am. Sign-up is best done with your MyMGA account.

The only way to guarantee that your input on the bill is received is to submit written testimony. You can, and should, signup to provide oral testimony too, but the committees are free to set time limits and be very selective in who gets to speak. Read more in our guide on how this all works here: https://www.marylandshallissue.org/jmain/legislation-tracker/166-tips-testimony-mga

We have a Frequently Asked Questions page about what these bills do and don't do HERE.

Find all of the bills submitted so far and how to testify with our Tracker at: tinyurl.com/mdgunbills

While the bill text is not yet available as of this writing, there is a lot of talk about bills that would ban, that’s right, ban, unserialized privately made firearms in Maryland. Attorney General Brian Frosh hosted a press conference where he was joined by Baltimore Mayor Brandon Scott, BPD Commissioner Michael Harris, Senators Susan Lee and Will Smith, Delegates Lesley Lopez and Luke Clippinger, and members of law enforcement from Prince Georges and Montgomery Counties.

Frosh announced that the bills, if enacted, would redefine “unfinished frame and receiver” and “firearm” to match the proposed ATF rules on what constitutes a firearm. He also announced that unfinished frames and receivers would no longer be legally acquired in Maryland on June 1, 2022, and current owners would have to have a federally licensed dealer inscribe a serial number on any they have by January 1, 2023, or face up to three years in prison and a $10,000 fine.

It is with heavy hearts that we announce the passing of our Founder, Henry Heymering on January 19th, 2022 at 71. Henry founded Maryland Shall Issue in 2004 with the aim of taking a different approach to pro-2nd Amendment and self-defense advocacy by focusing on non-partisan outreach and education. During his time as president, MSI became one of the regular entities in Annapolis working to protect the interests of gun owners. MSI helped to fend off earlier attempts at banning the possession of common semi-automatic rifles and handguns, taxes on ammunition, and hosts of other attempts at criminalizing or further burdening gun ownership. MSI had also pushed for a Maryland constitutional amendment recognizing the right to keep and bear arms and bills that would allow citizens to apply for permits to carry a handgun in public without needing a "good and substantial reason," hence our name. Toward the end of his presidency, he also signed MSI on as amicus in a brief in support of the landmark, District of Columbia v. Heller. His chronology on Maryland's carry laws is often cited in our testimony and that of other advocates.

Long before he founded MSI, Henry was a life-long horseback rider and became a farrier (one who shoes horses) as a teenager. His interest and work led him to create the American Farriers Journal in 1975 and he'd go on to become a world-renowned authority in the field. When he wasn't caring for and enjoying the company of horses, he was also a musician and cowboy action shooter.

MSI's all-volunteer tradition of advocating before lawmakers, in courtrooms, and most importantly, the people, are all thanks to Henry. His legacy will be carried on and continues through our work to finally make Maryland shall issue.

https://www.legacy.com/us/obituaries/fredericknewspost/name/henry-heymering-obituary?id=32585548

 An early MSI logo.

The Maryland General Assembly opened the 2022 Legislative Session Wednesday and there are already a small handful of gun bills. Testimony will begin this coming week with HB30, a bill aimed at banning guns in polling sites or within 100 feet of such sites. That bill is scheduled to be heard 1/19 at 1:00pm at the House Ways and Means Committee. More details on that bill and how to testify are below in the next section.

Like prior years, there will be bills introduced to criminalize or otherwise restrict the possession and creation of privately made firearms. This is a top priority of Attorney General Brian Frosh, who is working with Delegate Lopez and Senator Lee. Our president, Mark Pennak, was quoted in The Maryland Daily Record about our opposition to the bills. The language of those bills is not yet available as of this writing, but we will of course track it and make you aware as soon as it is filed.

Expect to see more updates like this one as we get further into session and if the right to keep and bear arms is to be protected in Maryland, it is of utmost importance to keep engaged, educate others, speak with your lawmakers, and of course, testify.

Joining helps MSI promote these rights and ensures that we're able to continue our advocacy.

❌ HB30 - Election Law – Polling Sites – Firearms Prohibitions
Delegate Shaneka Henson
MSI OPPOSES this bill!
Hearing held on 1/19

❌ SB329 - Election Law – Polling Sites – Firearms Prohibitions
Senators Jeff Waldstreicher and Bill Ferguson
Being heard at 2/23 at 1pm

The bill(s), as originally submitted, was a carbon copy of SB 10 from the 2021 General Assembly Session as it was amended and passed by the Senate. That bill never emerged from the House Ways and Means Committee after a hearing. Like SB 10, HB 30 would amend MD Code, Election Law, §16-904, to provide that a person may not “CARRY OR POSSESS A FIREARM WITHIN 100 FEET OF A POLLING SITE DURING AN ELECTION.” Second, the bill provides that a person may not “CARRY OR DISPLAY A FIREARM ON THE PREMISES OF A PRIVATELY OR PUBLICLY OWNED BUILDING BEING USED AS A POLLING SITE DURING AN ELECTION, INCLUDING IN A PARKING LOT.” A violation of the Bill is punished as a civil infraction under which a $5,000 fine may be assessed against the violator under MD Code, Election Law, § 13-604. That fine may be imposed even though the person commits a violation “without knowing that the act is illegal.” MD Code, Election Law, § 13-604(a). The bill thus imposes strict liability for otherwise innocent conduct without regard to the person’s knowledge of the law or the person’s intent.

ℹ️ SB286 - Firearms - Use of Medical Cannabis
Senator Michael Hough
MSI is providing Informational Testimony only
Hearing scheduled for 2/8 at 1pm
Signup to testify on 2/4 between 8am and 3pm with your MyMGA Account
For more on how to testify and signup, read our guide.

February 8, 2022

Senate Bill 286 provides that “a person may not be denied the right to purchase, possess, or carry a firearm under this title solely on the basis that the person” is authorized to use medical cannabis under title 13, subtitle 33 of the Health – General Article of Maryland law. Like similar bills in the past, MSI takes no position with respect to the merits of these bills. However, as before, we do wish to point out some legal realities for purposes of informing the debate on these bills.

With the recent changes in Maryland law concerning medical marijuana, see MD Code, Health - General, § 13-3304 et seq., and the push to legalize the use of marijuana in Maryland, a recurring issue is how such marijuana use would affect Second Amendment rights. The short answer is that such use effectively abrogates those rights by (1) barring a Federal Firearms Licensee (“FFL”) from selling a firearm to such a user and (2), by making such a user a prohibited person under federal law.

Get Ready for the 2022 Legislative Session

Now more than ever, it's critical that supporters of the Second Amendment make their positions known before our lawmakers. Testimony for this legislative session continues to be conducted virtually via Zoom. While this may blunt the emotional impact of in-person testimony, it also provides an opportunity for more citizens to have their voices heard in Annapolis. If you have a quiet space and a good internet connection, you too can make an impact. To prepare your testimony, use our helpful guide to navigate the process. Included are key tips to make your oral and written testimony impactful and strong.

Our '22 Gun Bill Tracker is up and running to keep you up to date throughout the legislative session. The first pre-filed bills (those filed ahead of session) will be made available to be posted soon. Gun Bill updates are added to the tracker including MSI's testimony, how lawmakers vote, and how to contact them.

This tracker follows legislation and lawmakers in the Maryland General Assembly. It serves as an easily searchable gun and self-defense related bill database for supporters of the right to keep and bear arms.

Share this tracker anywhere! tinyurl.com/guntracker
Key:
Red ❌= Oppose
Green ✅= Support
Light Green ✅= Support with amendment
Blue ℹ️= Informational Testimony Only (no position for or against the bill).

The 2021 Regular Legislative Session of the General Assembly has concluded.
Find our recap of the session HERE

Find your representatives HERE

Committee Contacts can be found HERE

HOW TO TESTIFY
To Sign-up to testify, you MUST make a MyMGA Account!
DO SO HERE

Quick Summary: With the clock striking midnight on April 12th, 2021, the Maryland General Assembly's 90-day legislative session came to an end.  With every session of the General Assembly, new attacks are launched against the law-abiding Maryland gun owners. This year was no different. However, because of some great testimony and advocacy, all the newly-filed bad bills failed. Unfortunately, the General Assembly did, as expected, override the Governor’s veto of the long guns background check bill, passed last year. But, the bills criminalizing owners of homemade firearms and an extreme gun storage bill failed to move. Sadly, all the sensible bills also didn't pass. The details of all these bills are set out below.