Maryland 2023 Regular Session

Maryland House Bill HB159

Introduced
1/16/23  
Refer
1/16/23  
Report Pass
2/20/23  
Engrossed
2/28/23  

Caption

Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

Impact

The passage of HB 159 places new responsibilities on law enforcement officers in terms of apprehending individuals involved in straw purchases. By expanding the scope of warrantless arrests, the bill intends to facilitate swifter law enforcement actions in potentially dangerous situations. Additionally, the bill amends statutes to increase penalties for violators of the straw purchase regulations, thereby reinforcing the seriousness of the issue. This change is projected to bolster state laws against illegal firearm sales and contribute to overall law enforcement strategies aimed at reducing gun violence.

Summary

House Bill 159 addresses the crime of participating in a straw purchase of a regulated firearm, which is a scenario where someone buys a firearm on behalf of another person, particularly an individual not legally allowed to own one. The legislation categorizes this crime as one that warrants warrantless arrests, thus enabling law enforcement to act without the need for a traditional warrant in situations where they have probable cause. The amendment to the Criminal Procedure Article of Maryland reflects a proactive approach to combat illegal firearms transactions and enhance public safety. An aim of this bill is to streamline the enforcement of laws intended to prevent firearms from reaching prohibited individuals.

Sentiment

The general sentiment surrounding HB 159 was notably supportive among legislators and advocates focused on public safety. Proponents of the bill asserted that the increased ability to conduct warrantless arrests will deter potential straw purchasers and protect marginalized communities vulnerable to gun violence. However, some concerns were raised about civil liberties and the potential for the bill to disproportionately impact communities of color. Overall, the discourse surrounding the bill was marked by a sense of urgency to address firearm-related crimes while acknowledging the need for fair law enforcement practices.

Contention

While HB 159 has garnered significant support, it has also encountered criticism regarding its implications for civil rights. Opponents argue that expanding warrantless arrest powers could lead to misuse and overreach by law enforcement, contributing to erroneous arrests and affecting community trust in policing. The core of the contention lies in balancing the need for public safety with ensuring that individual rights are not compromised. Lawmakers and stakeholders continue to debate the effectiveness of such measures and their long-term implications for policing practices.

Companion Bills

MD HB211

Carry Over Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

Previously Filed As

MD HB21

Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

MD HB211

Criminal Procedure - Warrantless Arrest - Straw Purchase Participant

MD AB1990

Criminal procedure: arrests: shoplifting.

MD SB739

Domestic Violence - Warrantless Arrests and Victims

MD HB41

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

MD HB952

Crimes – Firearms – Penalties and Procedures (Violent Firearms Offender Act of 2023)

MD HB423

Crimes - Firearms - Penalties and Procedures (Violent Firearms Offender Act of 2022)

MD SB396

Crimes - Firearms - Penalties and Procedures (Violent Firearms Offender Act of 2022)

MD SB2537

CIVIL ACTION-STRAW PURCHASER

MD SB1535

CIVIL ACTION-STRAW PURCHASER

Similar Bills

No similar bills found.