Legislative Report #05 - January 18, 2023


New Gun Bills - Hearings Scheduled in Senate

Dear John,

This year we are seeing the most bizarre collection of senseless bills one can possibly imagine. The Session got off to a rapid start with 10 gun bills and hearings have already been scheduled for most of those bills. Once again, we must remind you that politics is not a spectator sport and your active participation is critical.


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In this report:

  • HOUSE bill hearings in House JUD Committee - various dates
  • See below to witness signup dates
  • SENATE bill hearings in Senate JPR Committee - Tuesday, February 7th @ 1 PM
  • Sign-up online on Monday, February 6th from 8 AM to 3 PM
  • New House gun bills filed since the last report - positions and synopses
  • Links to hearing schedules and bill synopses in PDF and links to website versions
  • 2023 Session Hearing protocols - House JUD Committee added
  • Maryland State Police - Carry Permit Numbers 2019 - 2023 Year to Date

John H. Josselyn

2A Maryland

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HOUSE GUN BILL SCHEDULED FOR PUBLIC HEARING: WEDNESDAY, JAN. 25th @ 2:30 PM

WITNESS SIGN-UP: MONDAY, JAN 23rd 8 AM - 3 PM

HB0003

Maryland State Police Gun Center – Firearms Surrendered Under Final Protective Orders

No Position

HOUSE GUN BILL SCHEDULED FOR PUBLIC HEARING: TUESDAY,

JAN 31st @ 1:00 PM

WITNESS SIGN-UP: THURSDAY JAN 26th 8 AM - 3 PM

HB0159

Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

No Position

HOUSE GUN BILLS SCHEDULED FOR PUBLIC HEARING: WEDNESDAY, FEB. 1st @ 2:30 PM

WITNESS SIGN-UP: MONDAY, JAN 30th 8 AM - 3 PM

HB0162

Firearms - Maryland Voluntary Do Not Sell Firearm Registry - Establishment

Oppose


HB0167

Firearms - Right to Purchase, Own, Possess, and Carry - Medical Cannabis (Maryland Constitutional Carry Act)

No Position

SENATE GUN BILLS SCHEDULED FOR PUBLIC HEARING: TUESDAY, FEB. 7th @ 1 PM - WITNESS SIGN-UP ON FEB 6th 8 AM - 3 PM

SB0001

Criminal Law - Wearing, Carrying, or Transporting Firearms - Restrictions (Gun Safety Act of 2023)

OPPOSE

 

SB0060

Public Safety - Handgun Permit - Preliminary Approval

No Position

 

SB0086

Rifles and Shotguns – Possession – Age Requirement (Raise the Age Act of 2023)

OPPOSE


SB0113

Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)

OPPOSE


See Senate Witness Protocols below.

NEW GUN BILLS IN THIS REPORT

NEW HOUSE GUN BILLS


HB0159

Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

Adds knowingly participating in the straw purchase of regulated firearm under §5-141 of the Public Safety Article to the list of offenses where an arrest can be made without first obtaining a warrant. No Position


HB0162

Firearms - Maryland Voluntary Do Not Sell Firearm Registry - Establishment

Requires the Maryland State Police to establish a voluntary registry of persons who chose to include their name in the registry of persons who are prohibited from purchasing a firearm. Includes a provision whereby the person who added their name to the registry can have their name removed. Provides penalties for persons who sell a firearm to a person whose name is on the registry. Is limited to regulated firearms only because only regulated firearms are under the purview of the Maryland State Police. Non-regulated firearms are subject to a NICS check only and thus the seller does not know the person is on the voluntary "do not sell" list and the Maryland State Police are unaware the sale took place. The seller would still be subject to prosecution for the sale of a long gun despite not having access to the registry. Oppose Crossfile SB0159


HB0167

Firearms - Right to Purchase, Own, Possess, and Carry - Medical Cannabis (Maryland Constitutional Carry Act)

A repeat of previous bills to enable persons with a medical cannabis license/prescription to purchase, possess and carry firearms. This runs contrary to existing federal law. If passed, persons could be subject to prosecution under federal law. No Position

NEW SENATE BILLS


SB0159

Firearms - Maryland Voluntary Do Not Sell Firearm Registry - Establishment

Requires the Maryland State Police to establish a voluntary registry of persons who chose to include their name in the registry of persons who are prohibited from purchasing a firearm. Includes a provision whereby the person who added their name to the registry can have their name removed. Provides penalties for persons who sell a firearm to a person whose name is on the registry. Is limited to regulated firearms only because only regulated firearms are under the purview of the Maryland State Police. Non-regulated firearms are subject to a NICS check only and thus the seller does not know the person is on the voluntary "do not sell" list and the Maryland State Police are unaware the sale took place. The seller would still be subject to prosecution for the sale of a long gun despite not having access to the registry. Oppose Crossfile HB0162

PREVIOUSLY REPORTED GUN BILLS

SENATE GUN BILLS

 

SB0001

Criminal Law - Wearing, Carrying, or Transporting Firearms - Restrictions (Gun Safety Act of 2023)

Prohibiting the possession of a firearm on any private property without the property owner's express permission either to the person or to the public generally. Prohibiting the possession of a firearm within 100 feet of a place of public accommodation (hotel, restaurant, bar, movie theatre, etc.). Penalty on conviction is imprisonment for a period not exceeding 1 year. There is no provision for a fine as an alternative to prison time. OPPOSE

 

SB0060

Public Safety - Handgun Permit - Preliminary Approval

Streamlining the application process to enable an applicant to apply for preliminary approval of a permit application without having to first complete the required training course. Providing a certain time period to complete the necessary training course after receiving preliminary approval. Essentially a revision of the sequence of events. In the post Bruen era, this bill serves no purpose. No Position

 

SB0086

Rifles and Shotguns – Possession – Age Requirement (Raise the Age Act of 2023)

Prohibiting the sale, rental, or transfer of ammunition to a person under the age of 21. Prohibiting the possession of a rifle or shotgun by a person under the age of 21 with certain exceptions unless the person is otherwise prohibited from possessing a rifle or shotgun. Exceptions are a temporary transfer or possession of a rifle or shotgun if the under the age of 21 person is under the supervision of a non-prohibited person over the age of 21, acting with the permission of the parent or legal guardian of the transferee or person in possession, transfer by inheritance of title but not possession, is a member of the armed forces while performing official duties. The temporary transfer or possession of a rifle or shotgun if the person is participating in marksmanship training of a recognized organization and is under the supervision of a qualified instructor. Or, the person is required to possess a rifle or shotgun for employment. The possession of a firearm for self-defense or defense of others against a trespasser into the residence of the person in possession or into a residence in which the person is an invited guest. Violation is a misdemeanor subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.


Additionally, a licensee or any other person many not, sell, rent, loan or transfer a rifle or shotgun to a person the licensee or other person knows or has reasonable cause to believe is under the age of 21 unless the borrower may possess a rifle or shotgun under §5-205(C) of this subtitle in the bill. OPPOSE


SB0113

Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)

Prohibiting certain firearm industry members from knowingly or recklessly creating, maintaining, or contributing to harm to the public through the sale, manufacture, importation, or marketing of a firearm–related product under certain circumstances; requiring a firearm industry member to establish and implement certain “reasonable” controls regarding the sale, manufacture, importation, distribution, marketing, possession, and use of certain firearm–related products; establishing that a violation of this Act is a public nuisance; authorizing the Attorney General or certain persons to bring an action against a firearm industry member for violations under this Act; and generally relating to civil actions against firearm industry members. Requires that the firearms manufacturers be clairvoyant and foresee how their products will be used after they leave the factory. An outright attack aimed at the destruction of the firearms industry via economic warfare. OPPOSE


SB0118

Criminal Law - Prohibitions on Wearing, Carrying, or Transporting Firearms

Prohibiting a person from possessing a firearm on any private property not owned by the person unless the property owner has given express permission or has posted the property with a clear and conspicuous sign that the possession, wear, carry or transport of a firearm is permitted on the property. With no exceptions, firearm possession is totally prohibited on any property controlled by the Federal government, State Government, or a Local government. There is no exception for persons with a valid Maryland permit to wear and carry a firearm. Violation incurs a penalty of up to 2 years or a fine not exceeding $5000 or both. OPPOSE

HOUSE GUN BILLS


HB0003

Maryland State Police Gun Center – Firearms Surrendered Under Final Protective Orders

Essentially an expansion of SB0861 (2022 Session) to track firearms surrendered under final protective orders. No Position

Maryland Gun Bills - 2023 Hearing Schedules and Synopses

2023 Session - Gun Bills

Synopses & Positions


Click here to view on 2A Maryland's website.

2023 Session - Gun Bills

Hearing Schedule & Positions


Click here to view on 2A Maryland's website.

Click to Download the PDF

Click to Download the PDF

2023 Session - Hearing Protocols - What You Need to Know

2023 Senate Witness Guidelines


2023 House Protocol & Hearing Guidelines

Maryland State Police - Carry Permit Applications & Denials

01/17/2023

2019

2020

2021

2022

2023 YTD

New Application

5,283

11,512

12,189

85,266

3,520

ApplicationDenied

569

974

2,017

1,787

183

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

Maryland COMAR

2022 Edition

Maryland Gun Laws

2022 Session Update


Click here for the Maryland General Assembly Website.
John H. Josselyn
2A Maryland

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