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Gun Violence and the 2023 Session

 

With a new Issue Lead, Ken Shilling, the Gun violence Prevention Team is preparing to support new legislation expected to be filed in 2023.

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This year, the General Assembly appears ready to pass protections for Marylanders from firearm violence, but in a more challenging legal environment due to recent US Supreme Court decisions. One proposal (SB 118) is a bill prohibiting gun possession in any place where it is prohibited by law or regulation as well as any private property unless the owner has given consent. Another proposal (SB 1) would ban firearms on private property without consent and within 100 feet of a place of "public accommodation" such as restaurants and stores. Yet another (HB 824) would modify existing standards for so-called “concealed carry” permits and require revocation of a permit if the holder fails to meet specified qualifications.

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Our allies on this issue, Moms Demand Action and Marylanders to Prevent Gun Violence, are also pusching to finally pass legislation to strengthen safe storage requirements for firearms such as "Jaelynn's Law"(HB 307 / SB 858) from past years which aims at keeping guns out of the hands of children. However, this could also be expanded to go beyond children and include provisions to keep guns away from people already prohibited from possessing them. Additional measures could include liability for gun owners who knowlingly or negligently store their weapons.

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One bill filed (SB 86) would raise the age requirement to possess a long gun (rifle or shotgun) to 21.

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Another bill (SB 113 / HB 259) would seek to hold gun manufacturers liable for firearm injuries.

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As bills are introduced, we will provide information on them here.

Subject
Bill Number
XFile Bill Number
Sponsor
Title
Status
Current Location
Priority
Position
Action
Synopsis
Active Shooter Safety Drills
HB0515
Delegate Solomon
Public Schools - Active Shooter Safety Drills or Trainings - Requirements
Hearing Held, no action by committee
Education, Energy, and the Environment
X
Support
Authorizing the State Department of Education to adopt regulations to incorporate active shooter safety drills or trainings in the annual schedule of drills for local school systems; requiring local school systems to take certain actions regarding active shooter safety drills or trainings, including collecting and reporting certain data to the Maryland Center for School Safety, and providing certain notice to parents, students, and school personnel; requiring the Center to identify best practices for active shooter safety drills; etc.
Do Not Sell Firearm Registry
HB0162
SB0159
Delegate Moon
Firearms - Maryland Voluntary Do Not Sell Firearm Registry - Establishment
No action by Senate committee
Judicial Proceedings
X
Support
Requiring the Maryland Department of Health to create and maintain a Maryland Voluntary Do Not Sell Firearm Registry in which a person may voluntarily enroll for the purpose of being prohibited from obtaining a firearm; prohibiting a dealer or other person from selling, renting, loaning, or transferring a firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows or has reason to believe is registered on the registry; etc.
Do Not Sell Firearm Registry
SB0159
HB0162
Senator Hettleman
Firearms - Maryland Voluntary Do Not Sell Firearm Registry - Establishment
Hearing Held, no action by committee
Judicial Proceedings
X
Support
Requiring the Department of State Police to create and maintain a Maryland Voluntary Do Not Sell Firearm Registry in which a person may voluntarily enroll for the purpose of being prohibited from obtaining a firearm; prohibiting a dealer or other person from selling, renting, loaning, or transferring a firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows or has reason to believe is registered on the registry; etc.
Failure to Properly Store Firearm
SB0656
Senator Carter
Criminal Law - Failure to Properly Store Firearm - Death of Another
Hearing Held, no action by committee
Judicial Proceedings
Prohibiting a person from storing or leaving a loaded firearm in a location where the person knew or should have known that a certain ward would gain access to the firearm; and prohibiting a person from storing or leaving a loaded firearm in a location where the person knew or should have known that an unsupervised child or a certain ward would gain access to the firearm resulting in the child or ward using the firearm and causing the death of another.
Firearms at polling sites
HB0580
Delegate Henson
Election Law - Polling Sites - Firearms Prohibitions
Hearing Held, no action by committee
Ways and Means
Prohibiting a person from carrying or displaying a firearm on the premises of a privately or publicly owned building being used as a polling site during an election, including a parking lot, or carrying or possessing a firearm within 100 feet of a polling site during an election, subject to certain exceptions.
Gun Theft
HB0750
Delegate Munoz
Gun Theft Felony Act of 2023
Hearing Held, no action by committee
Judiciary
Classifying the theft of a firearm as a felony; and establishing a penalty for theft of a firearm of imprisonment not exceeding 5 years or a fine not exceeding $1,000 for a first offense, and imprisonment not exceeding 10 years or a fine not exceeding $2,500 for a second or subsequent offense.
Gun Violence Accountability
SB0745
Senator Folden
Criminal Law - Wearing, Carrying, or Transporting Handgun - Penalties (Gun Violence Accountability Act)
Withdrawn
Judicial Proceedings
Altering certain penalties for certain violations involving the wearing, carrying, or transporting of a handgun on or about the person; and repealing certain exceptions for certain minimum sentencing requirements for a first violation involving the wearing, carrying, or transporting of a handgun on or about the person.
Gun industry accountability
HB0259
SB0113
Delegate Atterbeary
Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)
Hearing Held, no action by committee
Judiciary
o
Support
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.
Gun industry accountability
SB0113
HB0259
Senator Waldstreicher
Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)
Hearing Held, no action by committee
Judicial Proceedings
o
Support
Prohibiting firearm industry members from knowingly or recklessly creating, maintaining, or contributing to a public nuisance through the sale, manufacture, distribution, 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, distribution, importation, marketing, possession, or use of certain firearm-related products; authorizing certain civil actions for violations of the Act; etc.
Handgun Possession-Permits to Carry
HB0824
Delegate Clippinger
Public Safety - Regulated Firearms - Possession and Permits to Carry, Wear, and Transport a Handgun
Approved by the Governor - Chapter 651
Governor
X
Support
Altering the penalty for a violation of the prohibition on wearing, carrying, or transporting a handgun; requiring the State Commission on Criminal Sentencing Policy to annually report certain information to the Governor and General Assembly; requiring the Department of State Police to transmit a certain summary of certain laws relating to firearms to certain persons; requiring the Secretary of State Police, in consultation with the Attorney General and the Maryland Department of Health, to develop a certain curriculum; etc.
Increased Penalty for Carrying
HB0481
SB0889
Delegate Conaway
Criminal Law - Wearing, Carrying, or Transporting a Handgun - Penalty
Hearing Held, no action by committee
Judiciary
Increasing, from 3 years to 5 years, the maximum term of imprisonment that may be imposed for wearing, carrying, or transporting a handgun.
Increased Penalty for Carrying
SB0889
HB0481
Senator McCray
Criminal Law - Wearing, Carrying, or Transporting a Handgun - Penalty
Hearing Held, no action by committee
Judicial Proceedings
Increasing, from 3 years to 5 years, the maximum term of imprisonment that may be imposed for wearing, carrying, or transporting a handgun.
Juvenile Gun Offenses
HB0753
Delegate Kipke
Juvenile Court - Jurisdiction - Gun Offenses (Juvenile Gun Offenses Accountability Act of 2023)
Hearing Held, no action by committee
Judiciary
Altering the jurisdiction of the juvenile court to establish that the juvenile court has exclusive original jurisdiction over a child who is at least 10 years old alleged to have committed a certain offense involving the use or possession of a firearm.
Long gun age increase
SB0086
Senator Waldstreicher
Rifles and Shotguns - Possession - Age Requirement (Raise the Age Act of 2023)
Hearing Held, no action by committee
Judicial Proceedings
X
Support
Altering the prohibition on selling, renting, or transferring certain ammunition to a person under the age of 21 years; prohibiting a person who is under the age of 21 years from possessing a rifle or shotgun except under certain circumstances; etc.
Online firearm sales
HB1018
Delegate Queen
Public Safety - Online Firearm Sales - Requirements
Withdrawn
Judiciary
Prohibiting a person from purchasing a firearm from a certain online vendor unless a licensed firearm dealer facilitates the sale with the purchaser and the online vendor; requiring a certain licensed firearm dealer facilitating an online sale of a firearm to process the sale in a certain manner and comply with certain federal and State laws; and establishing certain criminal penalties for knowingly violating the Act.
Preliminary permits
SB0060
Senator West
Public Safety - Handgun Permit - Preliminary Approval
Withdrawn
Judicial Proceedings
Authorizing a person to apply for preliminary approval of a permit to wear, carry, or transport a handgun without completing a certified firearms training course; and requiring the Secretary of State Police to investigate an application for preliminary approval of a handgun permit, issue preliminary approval if the applicant meets certain requirements, and revoke preliminary approval and deny a handgun permit if an applicant does not complete a firearms training course within 120 days after receipt of preliminary approval.
Right to Carry
HB0413
Delegate Grammer
Firearms - Right to Purchase, Possess, and Carry
Hearing Held, no action by committee
Judiciary
Oppose
Providing that a person may not be denied the right to purchase, possess, or carry a firearm solely on the basis that the person is authorized to use medical cannabis.
Right to Purchase, Possess, Carry
HB0167
Delegate Grammer
Firearms - Right to Purchase, Own, Possess, and Carry - Medical Cannabis (Maryland Constitutional Carry Act)
Withdrawn
Judiciary
Oppose
Providing that an individual may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the individual is authorized under certain provisions of law to use medical cannabis.
Right to carry
HB0364
Delegate Grammer
Public Safety - Handgun Permit Requirement - Repeal (Maryland's Constitutional Carry Act of 2023)
Unfavorable
Judiciary
Oppose
Repealing the requirement that a person have a certain permit before the person carries, wears, or transports a handgun; and repealing certain criminal prohibitions against a person who is at least 21 years old wearing, carrying, or transporting a handgun.
Safe firearm storage
HB0307
SB0858
Delegate Bartlett
Firearm Safety - Storage Requirements and Youth Suicide Prevention (Jaelynn's Law)
No action by Senate committee
Judicial Proceedings
X
Support
Altering a certain provision relating to the storage of firearms and ammunition in a location that can be accessed by an unsupervised child; and requiring the Deputy Secretary for Public Health Services to develop a youth suicide prevention and firearm safe storage guide, with recommendations from a stakeholder committee.
Safe firearm storage
SB0858
HB0307
Senator Smith
Firearm Safety - Storage Requirements and Youth Suicide Prevention (Jaelynn's Law)
Approved by the Governor - Chapter 622
Governor
X
Support
Altering a certain provision relating to the storage of firearms and ammunition in a location that can be accessed by an unsupervised child; and requiring the Deputy Secretary for Public Health Services to develop a youth suicide prevention and firearm safe storage guide, with recommendations from a stakeholder committee.
Secure Schools Emergency Response
SB0677
Senator Waldstreicher
Maryland Center for School Safety - Statewide Secure Schools Emergency Response Program - Established
Hearing Held, no action by committee
Education, Energy, and the Environment
Establishing the Statewide Secure Schools Emergency Response Program within the Maryland Center for School Safety; prohibiting the inspection of certain records related to the Program; requiring the Maryland 9-1-1 Board to establish procedures to integrate county 9-1-1 systems with the Program; and requiring the Governor to provide $4,500,000 in the annual budget bill for fiscal year 2024 for the Program and $1,000,000 for fiscal year 2025 and each fiscal year thereafter.
Straw purchase-warrantless arrest
HB0159
Delegate Attar
Criminal Procedure - Warrantless Arrest - Straw Purchase Participant
Hearing Held, no action by committee
Judicial Proceedings
Adding the crime of knowingly being a participant in a straw purchase of a regulated firearm to the list of crimes subject to warrantless arrest; and providing a penalty on conviction of imprisonment not to exceed 10 years or a fine of up to $25,000 or both.
Surrendered firearms management
HB0003
SB0185
Delegate Bartlett
Maryland State Police Gun Center - Firearms Surrendered Under Final Protective Orders
Approved by the Governor - Chapter 623
Governor
Altering the purpose of the Maryland State Police Gun Center to include the tracking, screening, and vetting of all firearms surrendered under final protective orders in the State; and requiring each law enforcement agency to report to the Center the number and type of firearms surrendered, the jurisdictions where the firearms were surrendered, and certain information regarding the individual who surrendered each firearm under final protective orders.
Surrendered firearms management
SB0185
HB0003
Senator Beidle
Maryland State Police Gun Center - Firearms Surrendered Under Final Protective Orders
Approved by the Governor - Chapter 624
Governor
Altering the purpose of the Maryland State Police Gun Center to include the tracking, screening, and vetting of all firearms surrendered under final protective orders in the State; and requiring each law enforcement agency to report to the Center the number and type of firearms surrendered, the jurisdictions where the firearms were surrendered, and certain information regarding the individual who surrendered each firearm under final protective orders.
Tax credit for firarm safety devices
SB0655
Senator Carter
Income Tax - Credit for Firearm Safety Devices
Hearing Held, no action by committee
Budget and Taxation
Authorizing a credit against the State income tax for the purchase of certain firearm safety devices in an amount equal to the lesser of 100% of the purchase price or $250 during the taxable year; making the credit refundable; requiring proof of purchase to be provided to the Comptroller for a firearm safety device for which an individual is claiming a credit; and applying the Act to all taxable years beginning after December 31, 2022.
Tracking technology
HB0704
Delegate Queen
Firearms - Tracking Technology
Hearing Held, no action by committee
Judiciary
Prohibiting a person from engaging in a certain bulk firearm transfer unless each firearm that is part of the transfer contains a certain embedded tracker; requiring a seller or other transferor who engages in a bulk firearm transfer to transmit to the Secretary of State Police certain information; providing that a violation of the Act is a civil offense and subject to a fine of up to $2500; and requiring the Secretary to establish a certain database to store information about each bulk firearm transfer in the State.
Victim Relocation Program
HB0974
SB0921
Delegate Addison
Public Safety - Gun Violence Victim Relocation Program - Establishment
Hearing Held, no action by committee
Judiciary
Establishing the Gun Violence Victim Relocation Program within the Victim Services Unit of the Governor's Office of Crime Prevention, Youth, and Victim Services to provide certain victims of gun violence certain services and assistance related to relocating for the safety of the victim or the victim's family; establishing the Gun Violence Victim Relocation Program Fund as a special, nonlapsing fund; requiring the Victim Services Unit to establish a certain oversight commission; etc.
Victim Relocation Program
SB0921
HB0974
Senator McCray
Public Safety - Gun Violence Victim Relocation Program - Establishment
Not assigned to standing committee
Rules
Establishing the Gun Violence Victim Relocation Program within the Victim Services Unit of the Governor's Office of Crime Prevention, Youth, and Victim Services to provide certain victims of gun violence certain services and assistance related to relocating for the safety of the victim or the victim's family; establishing the Gun Violence Victim Relocation Program Fund as a special, nonlapsing fund; requiring the Victim Services Unit to establish a certain oversight commission; etc.
Violent Firarms Offender
HB0952
Delegate Mangione
Crimes - Firearms - Penalties and Procedures (Violent Firearms Offender Act of 2023)
Hearing Held, no action by committee
Judiciary
Establishing, altering, and clarifying penalties for and elements of certain firearm-related crimes; prohibiting a District Court commissioner from authorizing the pretrial release of a certain defendant charged with a certain firearm-related crime under certain circumstances; and prohibiting a dealer or other person from selling, renting, loaning, or transferring a regulated firearm to a purchaser, lessee, borrower or transferee under certain circumstances.
Violent Firearms Offender
SB0744
Senator Folden
Crimes and Corrections - Penalties and Procedures (Violent Firearms Offender Act of 2023)
Hearing Held, no action by committee
Judicial Proceedings
Establishing that a violation of a condition of probation, parole, or mandatory supervision that involves the use or possession of a firearm is not a technical violation for certain purposes; requiring the Commissioner of Correction to provide a certain inmate with a certain reentry kit and assistance in obtaining Medicaid benefits under certain circumstances; altering the elements of certain prohibitions against using a certain firearm in the commission of a certain crime; etc.
Wearing, carrying on certain property
SB0118
Senator Lee
Criminal Law - Prohibitions on Wearing, Carrying, or Transporting Firearms
Withdrawn
Judicial Proceedings
X
Support
Prohibiting a person from wearing, carrying, or transporting a firearm on private property unless the owner has given the person certain permission or posted a certain sign; and prohibiting a person from wearing, carrying, or transporting a firearm in any place where prohibited by statute or a certain regulation.
Wearing, carrying on others' property
SB0001
Senator Waldstreicher
Criminal Law - Wearing, Carrying, or Transporting Firearms - Restrictions (Gun Safety Act of 2023)
Approved by the Governor - Chapter 680
Governor
X
Support
Prohibiting a person from knowingly wearing, carrying, or transporting a firearm in certain locations; prohibiting a person from wearing, carrying, or transporting a firearm onto certain property unless the owner or owner's agent has given certain permission; altering certain provisions of law relating to the authority of the Secretary of State Police to limit the wearing, carrying, or transporting of a handgun at certain times and locations; etc.
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