EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1206*
HOUSE BILL 1206
E4 2lr1919
By: Delegate Grammer
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Handgun Permit Requirement – Repeal 2
(Maryland’s Constitutional Carry Act of 2022) 3
FOR the purpose of repealing the requirement that a person have a certain permit before 4
the person carries, wears, or transports a handgun; repealing certain criminal 5
prohibitions against a person who is at least a certain age wearing, carrying, or 6
transporting a handgun; and generally relating to wearing, carrying, or transporting 7
a handgun. 8
BY repealing 9
Article – Public Safety 10
Section 5–301 through 5–314 and the subtitle “Subtitle 3. Handgun Permits” 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Criminal Law 15
Section 4–101(b) and 4–203(a) and (b) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2021 Supplement) 18
BY adding to 19
Article – Criminal Law 20
Section 4–207 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Natural Resources 25
Section 10–410(c) 26
Annotated Code of Maryland 27 2 HOUSE BILL 1206
(2012 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That Section(s) 5–301 through 5–314 and the subtitle “Subtitle 3. Handgun Permits” of 3
Article – Public Safety of the Annotated Code of Maryland be repealed. 4
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
as follows: 6
Article – Criminal Law 7
4–101. 8
(b) This section does not prohibit the following individuals from carrying a 9
weapon: 10
(1) an officer of the State, or of any county or municipal corporation of the 11
State, who is entitled or required to carry the weapon as part of the officer’s official 12
equipment, or by any conservator of the peace, who is entitled or required to carry the 13
weapon as part of the conservator’s official equipment, or by any officer or conservator of 14
the peace of another state who is temporarily in this State; 15
(2) a special agent of a railroad; OR 16
(3) [a holder of a permit to carry a handgun issued under Title 5, Subtitle 17
3 of the Public Safety Article; or 18
(4)] an individual who carries the weapon as a reasonable precaution 19
against apprehended danger, subject to the right of the court in an action arising under 20
this section to judge the reasonableness of the carrying of the weapon, and the proper 21
occasion for carrying it, under the evidence in the case. 22
4–203. 23
(a) (1) Except as provided in subsection (b) of this section[, a person may not]: 24
(i) A PERSON UNDER THE A GE OF 21 YEARS MAY NOT wear, 25
carry, or transport a handgun, whether concealed or open, on or about the person; 26
(ii) A PERSON UNDER THE A GE OF 21 YEARS MAY NOT wear, 27
carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling 28
on a road or parking lot generally used by the public, highway, waterway, or airway of the 29
State; 30
HOUSE BILL 1206 3
(iii) [violate item (i) or (ii) of this paragraph] A PERSON MAY NOT 1
WEAR, CARRY, OR TRANSPORT A HANDG UN, WHETHER CONCEALED OR OPEN, ON OR 2
ABOUT THE PERSON while on public school property in the State; 3
(iv) [violate item (i) or (ii) of this paragraph] A PERSON MAY NOT 4
WEAR, CARRY, OR TRANSPORT A HANDG UN, WHETHER CONCEALED OR OPEN, ON OR 5
ABOUT THE PERSON with the deliberate purpose of injuring or killing another person; [or] 6
AND 7
(v) [violate item (i) or (ii) of this paragraph] A PERSON UNDER THE 8
AGE OF 21 YEARS MAY NOT WEAR , CARRY, OR TRANSPORT A HANDG UN, WHETHER 9
CONCEALED OR OPEN , ON OR ABOUT THE PERS ON, with [a] THE handgun loaded with 10
ammunition. 11
(2) There is a rebuttable presumption that a person who transports a 12
handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly. 13
(b) This section does not prohibit: 14
(1) the wearing, carrying, or transporting of a handgun by a person who is 15
authorized at the time and under the circumstances to wear, carry, or transport the 16
handgun as part of the person’s official equipment, and is: 17
(i) a law enforcement official of the United States, the State, or a 18
county or city of the State; 19
(ii) a member of the armed forces of the United States or of the 20
National Guard on duty or traveling to or from duty; 21
(iii) a law enforcement official of another state or subdivision of 22
another state temporarily in this State on official business; 23
(iv) a correctional officer or warden of a correctional facility in the 24
State; 25
(v) a sheriff or full–time assistant or deputy sheriff of the State; or 26
(vi) a temporary or part–time sheriff’s deputy; 27
[(2) the wearing, carrying, or transporting of a handgun, in compliance with 28
any limitations imposed under § 5–307 of the Public Safety Article, by a person to whom a 29
permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 30
of the Public Safety Article; 31
(3) the carrying of a handgun on the person or in a vehicle while the person 32
is transporting the handgun to or from the place of legal purchase or sale, or to or from a 33 4 HOUSE BILL 1206
bona fide repair shop, or between bona fide residences of the person, or between the bona 1
fide residence and place of business of the person, if the business is operated and owned 2
substantially by the person if each handgun is unloaded and carried in an enclosed case or 3
an enclosed holster;] 4
[(4)] (2) the wearing, carrying, or transporting by a person of a handgun 5
used in connection with an organized military activity, a target shoot, formal or informal 6
target practice, sport shooting event, hunting, a Department of Natural 7
Resources–sponsored firearms and hunter safety class, trapping, or a dog obedience 8
training class or show, while the person is engaged in, on the way to, or returning from that 9
activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 10
OR 11
[(5) the moving by a bona fide gun collector of part or all of the collector’s 12
gun collection from place to place for public or private exhibition if each handgun is 13
unloaded and carried in an enclosed case or an enclosed holster; 14
(6) the wearing, carrying, or transporting of a handgun by a person on real 15
estate that the person owns or leases or where the person resides or within the confines of 16
a business establishment that the person owns or leases; 17
(7) the wearing, carrying, or transporting of a handgun by a supervisory 18
employee: 19
(i) in the course of employment; 20
(ii) within the confines of the business establishment in which the 21
supervisory employee is employed; and 22
(iii) when so authorized by the owner or manager of the business 23
establishment;] 24
[(8)] (3) the carrying or transporting of a signal pistol or other visual 25
distress signal approved by the United States Coast Guard in a vessel on the waterways of 26
the State or, if the signal pistol or other visual distress signal is unloaded and carried in an 27
enclosed case, in a vehicle[; or 28
(9) the wearing, carrying, or transporting of a handgun by a person who is 29
carrying a court order requiring the surrender of the handgun, if: 30
(i) the handgun is unloaded; 31
(ii) the person has notified the law enforcement unit, barracks, or 32
station that the handgun is being transported in accordance with the court order; and 33
HOUSE BILL 1206 5
(iii) the person transports the handgun directly to the law 1
enforcement unit, barracks, or station]. 2
4–207. 3
(A) A PERSON MAY NOT WEAR, CARRY, OR TRANSPORT A HANDG UN WHILE 4
THE PERSON IS UNDER THE INFLUENCE OF ALC OHOL OR DRUGS . 5
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 6
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 7
FINE NOT EXCEEDI NG $1,000 OR BOTH. 8
Article – Natural Resources 9
10–410. 10
(c) (1) A person may not shoot at any species of wildlife from an automobile or 11
other vehicle or, except as provided in § 4–203(b) of the Criminal Law Article [and Title 5, 12
Subtitle 3 of the Public Safety Article], possess in or on an automobile or other vehicle a 13
loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or 14
chamber. 15
(2) If this subsection is violated by an occupant of a vehicle which has 2 or 16
more occupants and it cannot be determined which occupant is the violator, the owner of 17
the vehicle, if present, shall be presumed to be responsible for the violation. In the absence 18
of the owner of the vehicle, the operator of the vehicle shall be presumed to be responsible 19
for the violation. 20
(3) Provisions of this subsection do not apply to a disabled person who 21
obtains a special permit under § 10–307 of this title. 22
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2022. 24