Maryland 2022 Regular Session

Maryland House Bill HB30 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0030
6	6
7	7	HOUSE BILL 30
8	8	G1 EMERGENCY BILL 2lr1154
9	9	HB 450/21 – W&M (PRE–FILED) CF 2lr1153
10	10	By: Delegate Henson
11	11	Requested: November 1, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Ways and Means
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Election Law – Polling Sites – Firearms Prohibitions 2
20	20
21	21	FOR the purpose of prohibiting a person from carrying or displaying a firearm on certain 3
22	22	premises or carrying or possessing a firearm within a certain number of feet of a 4
23	23	polling site during an election, subject to certain exceptions; and generally relating 5
24	24	to prohibiting firearms in polling sites during an election. 6
25	25
26	26	BY repealing and reenacting, with amendments, 7
27	27	Article – Election Law 8
28	28	Section 16–903 and 16–1002 9
29	29	Annotated Code of Maryland 10
30	30	(2017 Replacement Volume and 2021 Supplement) 11
31	31
32	32	BY adding to 12
33	33	Article – Election Law 13
34	34	Section 16–904 14
35	35	Annotated Code of Maryland 15
36	36	(2017 Replacement Volume and 2021 Supplement) 16
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
39	39	That the Laws of Maryland read as follows: 18
40	40
41	41	Article – Election Law 19
42	42
43	43	16–903. 20
44	44
45	45	(a) Except as provided in subsection (b) of this section, a person may not attire or 21
46	46	equip an individual, or permit an individual to be attired or equipped, in a manner which 22
47	47	creates the appearance that the individual is performing an official or governmental 23
48	48	function in connection with an election, including: 24 2 HOUSE BILL 30
49	49
50	50
51	51
52	52	(1) wearing a public or private law enforcement or security guard uniform; 1
53	53
54	54	(2) using an armband; or 2
55	55
56	56	(3) except as required by law or by regulation adopted by the State Board 3
57	57	in connection with ballot security activities, carrying or displaying a [gun] FIREARM, AS 4
58	58	DEFINED IN § 16–904(A) OF THIS SUBTITLE, or badge within 100 feet of a polling site on 5
59	59	election day. 6
60	60
61	61	(b) (1) A law enforcement officer or security guard who is on duty or traveling 7
62	62	to or from duty may vote while wearing a uniform. 8
63	63
64	64	(2) A law enforcement officer who is performing an official governmental 9
65	65	function may wear a uniform at a polling site. 10
66	66
67	67	(c) A person who violates this section is subject to the civil penalty specified under 11
68	68	§ 16–1002 of this title. 12
69	69
70	70	16–904. 13
71	71
72	72	(A) (1) IN THIS SECTION, “FIREARM” MEANS A WEAPON THAT EXPELS, IS 14
73	73	DESIGNED TO EXPEL , OR MAY READILY BE CO NVERTED TO EXPEL A P ROJECTILE BY 15
74	74	THE ACTION OF AN EXP LOSIVE. 16
75	75
76	76	(2) “FIREARM” INCLUDES AN ANTIQUE FIREARM, A HANDGUN , A 17
77	77	RIFLE, A SHOTGUN, A SHORT–BARRELED RIFLE , A SHORT–BARRELED SHOTGUN , A 18
78	78	STARTER GUN , OR ANY OTHER FIREARM , WHETHER LOADED OR UN LOADED. 19
79	79
80	80	(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION AND § 20
81	81	16–903 OF THIS SUBTITLE , A PERSON MAY NOT : 21
82	82
83	83	(1) CARRY OR DISPLAY A F IREARM ON THE PREMIS ES OF A PRIVATEL Y 22
84	84	OR PUBLICLY OWNED BU ILDING BEING USED AS A POLLING SITE DURIN G AN 23
85	85	ELECTION, INCLUDING IN A PARKI NG LOT; OR 24
86	86
87	87	(2) CARRY OR POSSESS A F IREARM WITHIN 100 FEET OF A POLLING 25
88	88	SITE DURING AN ELECT ION. 26
89	89
90	90	(C) (1) AN INDIVIDUAL IS NOT IN VIOLATION OF SUBS ECTION (B) OF THIS 27
91	91	SECTION IF THE INDIV IDUAL IS: 28
92	92
93	93	(I) A LAW ENFORCEMENT OF FICER IN THE REGULAR COURSE 29
94	94	OF THE OFFICER ’S DUTY; OR 30
95	95	HOUSE BILL 30 3
96	96
97	97
98	98	(II) AN OFF–DUTY LAW ENFORCEMENT OFFICER, IF: 1
99	99
100	100	1. THE OFFICER IS DISPL AYING THE OFFICER’S BADGE 2
101	101	OR CREDENTIAL ; AND 3
102	102
103	103	2. THE WEAPON CARRIED O R POSSESSED BY THE 4
104	104	OFFICER IS CONCEALED . 5
105	105
106	106	(2) AN INDIVIDUAL IS NOT IN VIOLATION OF SUBS ECTION (B)(2) OF 6
107	107	THIS SECTION IF: 7
108	108
109	109	(I) THE INDIVIDUAL IS LE GALLY IN POSSESSION OF A FIREARM; 8
110	110
111	111	(II) THE RESIDENCE OF THE INDIVIDUAL IS WITHIN 100 FEET OF 9
112	112	A PRIVATELY OR PUBLI CLY OWNED BUILDING B EING USED AS A POLLI NG SITE 10
113	113	DURING AN ELECTION ; AND 11
114	114
115	115	(III) THE INDIVIDUAL IS TR ANSFERRING THE FIREA RM TO THE 12
116	116	INDIVIDUAL’S RESIDENCE OR VEHIC LE WITHIN 100 FEET OF A POLLING PL ACE. 13
117	117
118	118	(D) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO THE CIVIL 14
119	119	PENALTY SPECIFIED UN DER § 16–1002 OF THIS TITLE. 15
120	120
121	121	16–1002. 16
122	122
123	123	A person who violates § 16–201(a)(6) or (7) [or], § 16–903, OR § 16–904 of this title 17
124	124	without knowing that the act is illegal shall pay a civil penalty and have the matter 18
125	125	adjudicated in accordance with § 13–604 of this article. 19
126	126
127	127	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 20
128	128	measure, is necessary for the immediate preservation of the public health or safety, has 21
129	129	been passed by a yea and nay vote supported by three–fifths of all the members elected to 22
130	130	each of the two Houses of the General Assembly, and shall take effect from the date it is 23
131	131	enacted. 24
132	132
133	133