Legislative Report #09 - March 4, 2024

Dear John,

There is much news to report so this Leglslative Report will be a bit longer than we would like. Please take some time to read this report in its entirety.

Today, Monday, March 4th is the final date for introduction of bills without suspension of Rules, which means we have probably seen the end of new bills being introduced.

Multiple legislators have reported they are receiving very little input from the 2A Community. Based upon incoming email traffic, far too many readers have not taken the time to visit 2A Maryland's website and download these useful guides to grassroots lobbying:

2A Advocacy Tips Useful information for citizen 2A activists.

Lobbying_In_Annapolis – A Citizen’s Guide which Includes Annapolis vicinity map with parking and shuttle bus information. Building floor plans with room numbers shown, links to lobbying information, etc.

In this report:

• Bill Hearings this week in the House Judicial Committee
• Delegate Hill's misleading testimony on HB 430 in House Judiciary
• House Bill 430 Testimony: Kierstyn's Superb Defense of Her Howard County 4-H Bulleye Club
• Bill status and Committee contact information
• UPDATE #3 on Dangerous bills filed this Session
• SB 501 goes off the rails in the Senate - now in House
• Attorney General interrupts Bill Hearing in House Judiciary Committee
• Links to Maryland Gun Laws
• Links to past 2A Maryland Legislative Reports

REMINDER:

If you have not expressed your views to the Committee members, what are you waiting for? We have provided you with everything you need to become involved. We still need your support!

Best regards,

John H. Josselyn

2A Maryland

Click here to send your comments and/or suggestions.

HOUSE GUN BILL HEARINGS THIS WEEK:

WEDNESDAY, MARCH. 6^th @ 1 pm



HOUSE JUDICIARY COMMITTEE (JUD) (see contact info below)

Sign up to testify: TODAY - Monday, March 4^th, 10 am - 6 pm

HB 684 Criminal Law-Prohibitions on Wearing, Carrying, Transporting a Handgun-Penalties

Changing the penalty for simply wearing and carrying a handgun without a permit and absent any other crime, from up to 5 years or up to $2,500 fine (this offense is a lifetime prohibitor) to a fine of up to $1,000 (which is not a lifetime prohibitor). SUPPORT

HB 1166 Handguns - Wear, Carry, and Transport Laws - Handbook Publication

NOTE: Despite the MLIS listing as a cross-file to SB 0501, this bill is not identical and in its current form and does little beyond requiring the publication of the laws with annual updates. It fails to require the Attorney General to produce the document. Suggested amendments to the bill were offered to the sponsor but bill drafting resisted his amendment and the sponsor opted to present his bill in its flawed form. Due to the requirement for a physical printed document, the massive fiscal note will likely kill the bill. We are attempting to amend the bill in Committee to make it userful and cost effective.

SUPPORT ONLY IF AMENDED - SEE COMMENTARY ON SB 501 BELOW

HB 1178 Handgun Permit Holders - Authority to Carry Handguns in State Parks and Forests

Prohibiting the Department of Natural Resources from prohibiting an individual to whom a handgun permit has been issued from wearing, carrying, or transporting a handgun in a State park or forest. SUPPORT

Delegate Terri Hill's Misdiagnosis of Her Own Bill - "Physician Heal Thyself"

Delegate Terri HIll introduced her bill HB 430 Firearms – Liability Insurance – Public Wearing and Carrying to require a person to have a $300,000 liability insurance policy whenever the person carries a loaded firearm. Also introduced was an amendment to exempt state and local law enforcement officers (the original bill exempted only federal law enforcement officers).

List member Brad S. shared his email exchange with Delegate Hill's staff regarding where the required insurance could be purchased. It was clear from the emails that the staff, like the Delegate, had little understanding of the scope and requirements of her bill. The sponsor's own testimony in Committee clearly demontrated her lack of understanding of the scope her own bill. She started off indicating the bill applied to all gun owners but then narrowed the focus to carry permit holders.

Some examples:

• The bill is NOT limited to carry permit holders, it applies whenever a person holds a loaded firearm, regardless of the circumstances.

• The amendment offered does NOT exempt off-duty law enforcement officers.

• The bill requires the person's insurance provider be licensed in Maryland in compliance with the Insurance Article which is a 1,978 page document.

• Hill alluded to homeowner's insurance policies for liability coverage do they do NOT necessarily cover personal liability stemming from a firearm use or accident.

• Hill alluded to USCCA as an insurance provider. USCCA is not an insurance company and does not provide insurance. It does provide access to insurance for its members through Delta Defense, a third party insurance company.

Both the sponsor and a Committee member characterized HB 430 as to protect the gun owner in the event of an accidental shooting. No mention was made about the victims of intentional shootings perpetrated by the masked, hooded, lawless cretins we see in the news on an almost daily basis.

Delegate Hill testified to the effect that as a Doctor, she hated having to carry financial liability insurance, but there was no question that it helped her to do a better job of crossing her '"t"s and dotting her "i"s. However, in this case, Dr. Hill failed to cross her '"t"s and dot her "i"s and totally misdiagnosed Delegate Hill's bill.

Maryland's law-abiding gun owners should have responded en masse with outrage over this punitive bill. Instead, with very few exceptions, they did nothing.

Such was not the case with 14 year old Kierstyn, a member of the Howard County 4-H Bullseye Club. Maryland gun owners owe a debt of gratitude to Kierstyn, who stood up when they did not. Read more about this outstanding young lady below.

House Bill 430: Kierstyn's Superb Defense of Her Howard County 4H Bulleye Club

Gun Owners Can Learn a Valuable Lession in Political Action from Kierstyn

House Bill 430



Kierstyn's Written Testimony:

"Good afternoon, Judicial Committee members. My name is Kierstyn R. I’m 14, homeschooled, and I have been a member of the Howard County 4-H Bullseye Club for five years. I am also one of the club officers. The 4-H Bullseye Club is a youth shooting sports club with three disciplines: shotgun, rifle, and archery.

Four years ago, I accompanied a representative at the State House to learn about government. Coincidentally, House Bill 4 was being heard. It could have negatively affected 4-H shooting sports. That day, I was promised by the representative that no harm would ever come to 4-H shooting sports. However, I have needed to come here twice in the past year to remind people about the promise.

Last year, I testified against Senate Bill 86 with fellow 4-H’ers. Passing this new House Bill 430 will impact youth shooting sports by raising our dues to cover the new expenses. It can also affect our coaches who store and transport our firearms.

According to a study by Clemson University, youth shooting sports are 45,000 times less likely to cause an injury needing medical attention than youth soccer. Requiring insurance is an overreach, and we do not even know if insurance companies will cover youth shooters. Teens and adults who cannot afford insurance will have their constitutional rights stripped from them because of their income status. Second Amendment rights should not just be for higher-income households.

As a result of being in 4-H, I have learned firearm safety, discipline, leadership, restraint, respect, public speaking, and many other life skills. I began shooting because of a medical condition that kept me from playing other organized contact sports.

By passing this bill, you are punishing us and future 4-Hers. I invite you to come to our mandatory March club safety meeting or to attend any of our shooting practices. Invitations are on your desk. Passing this bill will have the opposite effect on what you are pursuing. Instead of encouraging and educating responsible gun ownership, which 4-H does, children and parents could be fined or permanently lose their Second Amendment rights. If this current bill passes, it will place an additional burden on our club and possibly jeopardize its future. Protect our club and reject House Bill 430."

Click here for the 2 minute video of Kierstyn's testimony.

Gun & Crime Related Bills - Bills Status & Hearing Schedules:

House Judiciary and Senate Judicial Proceedings Committee Contact Information

For Outlook email client users:

Click here to download the 2024 Maryland General Assembly contact information in Outlook pst format.

Click to download: Email & phone contact information in PDF.

UPDATE #3 on Dangerous ANTI-GUN Bills Filed this Session

Three dangerous bills have been offered this year, all of which strike at the heart of our 2nd Amendment community. Two of the bills have Committee hearings this week. Please contact the members of the House Judiciary Committee and voice your opposition.

House Bill 0430 will require that every person who carries a loaded firearm but have a $300,000 liability policy. This is not limited to carry permit holders. It will impact hunters, trap shooters, casual shooters, 4H and Scouts. Even non-federal law enforcement officers will be subject to this requirement. OPPOSE

Committee hearing complete in House. Continued pressure is needed on the House Judicary Committee (JUD). See contact info above.



House Bill 0935 / Senate Bill 0784 will impose an 11% excise tax on firearms, ammunition and various firearm accessories. The proponents claim this tax targets industry profits and not the consumer. They are lying. The cost of business is ultimately paid by the consumer. OPPOSE

Hearings are complete in both Chambers. Continued pressure is needed on the Senate Budget and Tax Committee (B&T) and the House Ways and Means Committee (W&M). See contact info above.

House Bill 0947 / Senate Bill 0488 is intended to circumvent federal protections for the lawful commerce of firearms and open the floodgates to a barrage of frivolous lawsuits seeking to force firearms manufacturers and dealers out of business by holding them responsible for the unlawful acts of criminals. OPPOSE

Hearings are complete in both Chambers. Continued pressure is needed on the Senate Judical Proceedings Committee (JPR) and the House Judicary Committee (JUD). See contact info above.

SB 501 - A Bill That Went Off the Rails

The backstory:

When HB 824 was drafted in the 2023 Session it greatly expanded the material that instructors would be required to teach. 2A Maryland pushed an amendment to place the burden of writing the law component on the Attorney General rather than the Maryland State Police and require the publication of the laws. Our efforts were not entirely successful as you can see from what the bill drafters wrote:

(A–2) THE SECRETARY, IN CONSULTATION WITH THE OFFICE OF THE ATTORNEY GENERAL AND THE DEPARTMENT OF HEALTH, SHALL DEVELOP, PUBLISH, UPDATE, AND DISTRIBUTE TO ALL STATE–CERTIFIED FIREARMS INSTRUCTORS A CURRICULUM OF INSTRUCTION FOR THE TOPICS REQUIRED FOR CLASSROOM INSTRUCTION IN SUBSECTION (A–1) OF THIS SECTION.

The Maryland State Police struggled with the task of creating the document. During the process, it became apparent that the Attorney General was providing little positive material input and was functioning more as oversight. A PIA submitted by 2A Maryand to the Attorney General asking for copies of all information provided to the Marylnd State Police by the AG's office reinforced the suspicion. A similar PIA to the Maryland State Police asking them for copies of the material provided by the AG's office to them was answered three months later. Briefly stated, it said the AG's office had already addressed the request. The MSP's lack of specifics in its response confirmed our suspicions.

NOTE: Inter-agency courtesy dictates that one agency does not speak ill of another agency.

The final product does not lend itself to teaching and contains some content which is neither statute nor case law and leaves it up to the individual instructors to interpret. The net result is one can find as many course content variations as one can find instructors. This benefits no one.

Enter SB 501:

(A–3) (1) ON OR BEFORE OCTOBER 1, 2024, AND EACH OCTOBER 1 THEREAFTER, THE

SECRETARY SHALL PUBLISH A HANDBOOK SUMMARIZING THE STATE LAWS THAT APPLY TO THE WEARING, CARRYING, AND TRANSPORTING OF A HANDGUN IN PUBLIC IN THE STATE.

(2) THE SECRETARY SHALL MAKE COPIES OF THE HANDBOOK AVAILABLE TO

MEMBERS OF THE PUBLIC.

The language in SB 501 as originally drafted does little beyond requiring annual updates. It does however omit the requirement for including federal law as still contained in the existing statute.

2A Maryland submitted a proposed amendment with a recommnedation that the sponsor coordinate this amendment with HB 1166 in the House:

(A–3) (1) ON OR BEFORE OCTOBER 1, 2024, AND EACH OCTOBER 1 THEREAFTER, THE OFFICE OF THE MARYLAND ATTORNEY GENERAL SHALL PUBLISH A HANDBOOK SUMMARIZING:

(A) THE STATE LAWS APPLICABLE TO THE WEARING, CARRYING, AND TRANSPORTING OF A HANDGUN IN PUBLIC IN THE STATE.

(B) ALL CASE LAW DECISIONS APPLICABLE TO THE WEARING, CARRYING, AND TRANSPORTING OF A HANDGUN IN PUBLIC IN THE STATE.

(C) ALL FEDERAL LAWS APPLICABLE TO THE WEARING CARRYING, AND TRANSPORTING OF A HANDGUN IN PUBLIC IN THE STATE.

(2) THE HANDBOOK SHALL BE IN A FORMAT EASILY UNDERSTANDABLE BY HANDGUN

PERMIT HOLDERS AND USED BY PERSONS AUTHORIZED TO TEACH THE FIREARMS SAFETY

COURSES REQUIRED BY PUBLIC SAFETY §5-306.

The bill sponsor submittted the amendment to bill drafting and instead of doing what the sponsor asked, bill drafting responded with language from the House version which: a) did not accomplish the desired goal and b) comes with a fiscal note high enough to kill both SB 501 and HB 1166:

(A–3) (1)

(I) ON OR BEFORE OCTOBER 1, 2024, AND EACH OCTOBER 1 THEREAFTER, THE SECRETARY, IN CONSULTATION WITH THE OFFICE OF THE ATTORNEY GENERAL, SHALL PUBLISH A HANDBOOK SUMMARIZING THE STATE LAWS THAT APPLY TO THE WEARING, CARRYING, AND TRANSPORTING OF A HANDGUN IN PUBLIC IN THE STATE.

(II) THE SECRETARY SHALL DRAFT THE HANDBOOK IN PLAIN LANGUAGE THAT CAN BE EASILY UNDERSTOOD WITHOUT ANY SPECIAL KNOWLEDGE OF THE LAWS OF THE STATE.

(2) THE SECRETARY SHALL MAKE COPIES OF THE HANDBOOK AVAILABLE TO MEMBERS OF THE PUBLIC:

(I) IN PRINTED FORM; AND

(II) IN ELECTRONIC FORM, ACCESSIBLE ON THE DEPARTMENT’S PUBLIC WEBSITE.

(3) EACH TIME THE SECRETARY PUBLISHES AN UPDATED VERSION OF THE HANDBOOK, THE SECRETARY SHALL PROMPTLY NOTIFY EACH PERSON WHO CURRENTLY HOLDS A HANDGUN PERMIT UNDER THIS SECTION BY E–MAIL:

(I) THAT A NEW VERSION OF THE HANDBOOK HAS BEEN PUBLISHED; AND

(II) HOW TO OBTAIN THE HANDBOOK.

BOTTOM LINE: UNLESS WE CAN AMEND THE BILLS TO REFLECT OUR ORIGINAL AMENDMENT LANGUAGE WE ARE BETTER OFF KILLING THEM IN COMMITTEE.

Attorney General Interrupts Bill Hearing in House Judiciary Committee

Sitting in Committtee hearings can sometimes be entertaining. Such was the case on February 21st when Attorney General Anthony Brown interrupted the hearing following testimony on HB 922 (not a gun bill).

It seems Attorney General Brown was upset with statements made by a witness and he opted to use his position to voice his displeasure. Delegate/Committee Vice Chair Sandy Bartlett was clearly taken by surprise and a bit flustered by the AG's unprofessional behavior. Had anyone else done this, that person would have been summarily escorted from the Committee Hearing by the Maryland State Police Troopers present during all public hearings.

The AG’s voice is on the video recording but he is off camera and his image is not shown. The Vice Chair is the only person shown. Turn the audio up and pay attention to Vice-Chair Bartlett's facial expressions. Click here for the video.

Maryland Gun Laws - Statutes & Code of Maryland Regulations (COMAR)

Note: The 2023 Edition of 2A Maryland's Publication Maryland Gun Laws is now available - see link below. The 2023 Edition of COMAR is currently under construction.

2A Maryland 2024 Session Legislative Reports - Webpage Views

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