Legislative Report #02 - January 08, 2024

Dear John,

The 2024 Session is only two days away and as usual, things are happening quickly. New bills are appearing, changes to room assisnment and committee assignments occur, all of which are normal at the beginning of each Session. Stay tuned for more updates to come.

As always, please report any room or committee assignment changes you may discover.

In this report:

• Gun bills filed to date
• Gun bill tracker & download links
• New anti-crime bills proposed
• NRA-ILA Webinar announcement & RSVP
• Anti-gun agenda announced by local gun control group
• Ohio Attorney General report on permitless concealed carry

Best regards,

John H. Josselyn

2A Maryland

Click here to send your comments and/or suggestions.

Gun Related Bills Filed to Date:

HB0021 Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

HB0041 Crimes – Firearms – Penalties and Procedures (Violent Firearms Offender Act of 2024)

SB0028 Crimes and Corrections – Penalties and Procedures (Violent Firearms Offender Act of 2024)

SB0039 Gun Theft Felony Act of 2024

SB0041 Safe Communities Act of 2024

SB0073 Department of Juvenile Services - Firearm Offenses - Reporting

SB0102 Public Safety – Handgun Permits – Expiration and Renewal Periods for Retired Law Enforcement Officer

SB0179 Crimes and Corrections – Penalties and Procedures (Violent Firearms Offender Act of 2024)

Senate and House Republicans Announce Anti-Crime Bills

The following information was copied from emails send by Senate Minority Leader Steve Hershey (R-36) and Delegate Steve Arentz (R-36).

Violent Firearms Offenders Act of 2024 - HB0041

The Violent Firearms Offenders Act has been introduced since 2020 and passed the Senate with bipartisan support in 2020 and 2021 but has never moved in the House.

The Violent Firearms Offenders Act of 2024 is a reintroduction of the bill in the posture it passed the Senate in 2021, and will do the following:

• Increase the penalties for committing crimes with an illegal firearm from 3 years to 5 years of prison time and raises the maximum fine from $2,500 to $10,000.
• Repeals the unconscionable “drug dealer loophole” where drug dealers who use a firearm in the commission of a felony receive special treatment and are not charged with a crime of violence, when others arrested for the same offense, and are not dealing drugs, are charged with the more serious crime.
• Creates penalties for someone who sells or gives someone a gun knowing that they will use it to commit a crime.

Gun Theft Felony Act of 2024

The Gun Theft Felony Act is a simple, commonsense bill that Republicans have been sponsoring since 2018, but has never advanced in the House nor the Senate. The legislation would make the theft of a firearm a felony, rather than a misdemeanor and increase penalties accordingly.

Safe Communities Act of 2024

The Safe Communities Act of 2024 aims to ensure that violent offenders actually serve the duration of their sentence, and does not allow repeat, violent offenders to receive bail. Specifically, the legislation:

• Eliminates Diminution Credits (or “Good Time Credits”) for 1st & 2nd Degree Murder
• Adds a cap on Diminution Credits for other crimes of violence to no more than a 10% reduction in sentence.
• Prohibits bail for an individual charged with a crime of violence if the individual has pending charges for a previous crime of violence.

The Drug-Free Roadways Act of 2024

The Drug-Free Roadways Act of 2024 eliminates the prohibition on police searching vehicles based on the smell of cannabis.

In the waning moments of the 2023 General Assembly session, the House of Delegates rushed to pass a bill that included a provision making it illegal to stop and search a vehicle due to the smell of cannabis. According to a Canadian study released in September, documented cannabis-related traffic accidents that required an emergency room visit increased 475% between 2010 and 2021. Canada legalized recreational cannabis in 2018.

It is more than the safety of the motoring public that is at stake now that vehicles cannot be stopped and searched due to the smell of cannabis. This prohibition also makes it more difficult to get illegal guns off the street. In Montgomery County alone, 80% of the guns seized in 2022 came from searching vehicles due to the odor of cannabis. Now as crime rages throughout our state, law enforcement has lost a significant way to confiscate illegal firearms.

NOTE: Our last Legislative Report contained data from the 2024 Session Issue Papers which indicated that the number of illegally possessed guns confuscated by police was down from previous years due to the prohibition on police searching vehicles based on the smell of cannabis.

Juvenile Justice Restoration Act

The Juvenile Justice Restoration Act seeks to right the recent wrongs of new juvenile justice laws that have made it nearly impossible to ensure that there are appropriate consequences for young offenders. These laws have also made it more challenging to connect juvenile offenders with the services they need to prevent them from becoming repeat offenders.

Overall, juvenile crime in Maryland is below pre-pandemic levels. However, specific categories of dangerous crimes are climbing sharply. Juvenile carjackings in Maryland have jumped by 85% and handgun violations statewide were up 220% between 2021 and 2023. Regionally, the numbers are higher. For example, Montgomery County has seen a 95% increase in juvenile-related violent crime since 2019.

The Juvenile Justice Restoration Act is a response to a loud outcry from the public, law enforcement and States Attorneys. The Republican Caucus has heard them and propose the following legislation to combat Maryland’s juvenile crime crisis.

• Amend the law passed in 2023 that requires an attorney be present for a juvenile to be questioned, even if their parent has consented. This bill would allow parental consent as a substitute for the required consultation with an attorney.
• Require that juveniles younger than 13 who use firearms in the commission of a crime will come under the jurisdiction of the juvenile court system.
• Provide that upon the child’s third arrest for a crime that does not fall within the category of “crimes of violence” or a crime committed with a firearm, the child will come under the jurisdiction of the juvenile court system. This would help eliminate the “catch and release” of juveniles repeatedly apprehended for repeatedly committing nonviolent crimes like car theft.

NRA-ILA Webinar - Tuesday, January 16th

Happy New Year from your Maryland NRA-ILA Team! A new year means a new Maryland legislative session. Make plans to join us for a Virtual Legislative Webinar on Tuesday, January 16th from 7:00 p.m. to 7:30 p.m. Maryland NRA-ILA staff will be providing updates about the upcoming Legislative Session and what to expect out of Annapolis this year.

Please click the link below to register for the webinar.

Maryland Legislative Webinar

Tuesday, January 16th

7:00 p.m. - 7:30 p.m.

During this webinar, you will have the opportunity to hear from NRA-ILA Maryland State Director, Taylor McKee. We look forward to informing you about the importance of the 2024 legislative cycle and how you can make an impact this year!

Yours in Freedom,

Andrew Brown

NRA-ILA Grassroots Field Coordinator (MD)

andrew@nrailafrontlines.com

https://www.nrailafrontlines.com/

Gun Control Agenda Announced by a Local Gun Control Group

Based upon documents posted on the website of a local gun control group, we expect to see anti-gun legislation on the followings topics:

Priorities:

Gun Industry Accountability 2024 (previously introduced in 2023 as SB0113 and HB0159)

Prohibiting firearm industry members from knowingly or recklessly creating, maintaining, or contributing to public harm by the sale, manufacture, distribution, importation, or marketing of a firearm-related product; requiring a firearm industry member to implement certain controls regarding the sale, manufacture, distribution, importation, marketing, possession, or use of certain firearm-related products; establishing that a violation of the Act is a public nuisance; authorizing certain civil actions for violations; etc.

Center for Firearm Violence Prevention (specifics are not yet available)

Comprehensive Community Safety Funding Act (specifics are not yet available)

Firearm Industry Marketing Tactics (specifics are not yet available)

According to the group, "Gun marketing is dangerously irresponsible, appealing to minors using cartoonish imagery or video game references, using militaristic imagry to ligitimize use for civilians, ratchinging up fear and anxiety to encourage gun sales, and even catering to extremists who see firearms as a way to gain power and overthrow the government."

Secondary Bill Agenda:

Schools - Active Shooter Safety Drills (see 2023 Session HB0515)

Do Not Sell Firearms Registry (see 2023 Session SB0159 & HB0162

Victim Compensation ( see 2023 Session: SB788 & /HB861)

Source Documents:



• MPGV Legislative 101 Presentation

• MPGV Gun Industry Accountability

Ohio Attorney General's Report on Permitless Carry Law

2A Maryland's last Legislative Report contained a link to a news broadcast on the impact of Ohio's new permitless carry law. The Ohio Attorney General's report on permitless carry in Ohio is now available. Overall, it appears that the report is objective and pragmatic.

Click here to download the report.

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.

Watch for more updates soon!

2A Maryland 2024 Session Legislative Reports - Webpage Views

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