Criminal Law - Minor's Access to Firearms - Penalty
Impact
If enacted, HB1518 would significantly modify existing penalties associated with firearm storage practices, shifting the legal implications for firearm owners. It makes clear that individuals who do not take measures to ensure firearms are inaccessible to minors could face serious consequences. Additionally, the bill explicitly states that violations of this law cannot be used to establish negligence in civil cases, thus preventing these violations from affecting liability in any resultant litigation.
Summary
House Bill 1518 seeks to amend Maryland's criminal law concerning minors' access to firearms. Specifically, the bill establishes a misdemeanor penalty for individuals who store or leave a loaded firearm in a location where they knew or should have known that an unsupervised minor could access it. The penalty for violating this provision could include imprisonment of up to two years, a fine not exceeding $1,000, or both. The aim of the bill is to enhance firearm safety and responsibility among firearm owners, especially concerning minors.
Contention
Notably, the bill includes several exceptions that stipulate the circumstances under which these provisions would not apply. These include scenarios where a minor's access to a firearm is supervised by someone over 18, when access is gained through unlawful entry, or when a minor possesses a firearm safety certificate. These exceptions may lead to discussions among legislators and advocacy groups regarding the adequacy of the measure's protective intent versus potential loopholes that could detract from its effectiveness.