EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0423*
HOUSE BILL 423
E2 EMERGENCY BILL 2lr0124
HB 356/20 – JUD CF 2lr0123
By: The Speaker (By Request – Administration) and Delegates Anderton, Boteler,
Buckel, Chisholm, Ghrist, Griffith, Hartman, Hornberger, Howard, Jacobs,
Kipke, Kittleman, Krebs, Long, Mangione, Mautz, McComas, McKay,
Metzgar, Morgan, Munoz, Novotny, Otto, Parrott, Reilly, Saab, Shoemaker,
Szeliga, Thiam, and Wivell
Introduced and read first time: January 19, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Crimes – Firearms – Penalties and Procedures 2
(Violent Firearms Offender Act of 2022) 3
FOR the purpose of expanding the types of cases in which the State may appeal from a 4
decision of a trial court under certain circumstances; establishing, altering, and 5
clarifying penalties for and elements of certain firearm–related crimes; prohibiting 6
a District Court commissioner from authorizing the pretrial release of a certain 7
defendant charged with a certain firearm –related crime under certain 8
circumstances; prohibiting a dealer or other person from selling, renting, loaning, or 9
transferring a regulated firearm to a purchaser, lessee, borrower, or transferee if the 10
dealer or other person has actual knowledge that the purchaser, lessee, borrower, or 11
transferee was previously convicted of a certain crime or intends to use the regulated 12
firearm for a certain purpose; altering a certain definition of “technical violation” 13
applicable to parole and probation provisions; and generally relating to firearms. 14
BY renumbering 15
Article – Criminal Law 16
Section 7–104(h) through (j), respectively 17
to be Section 7–104(i) through (k), respectively 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2021 Supplement) 20
BY renumbering 21
Article – Public Safety 22
Section 5–134(c) and (d), respectively 23
to be Section 5–134(d) and (e), respectively 24
Annotated Code of Maryland 25 2 HOUSE BILL 423
(2018 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – Correctional Services 3
Section 6–101(a) 4
Annotated Code of Maryland 5
(2017 Replacement Volume and 2021 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Correctional Services 8
Section 6–101(m) 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 12–302(c)(4) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Criminal Law 18
Section 4–204, 4–306(b), 4–404, and 7–104(g) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2021 Supplement) 21
BY adding to 22
Article – Criminal Law 23
Section 7–104(h) 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2021 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – Criminal Law 28
Section 7–104(j) 29
Annotated Code of Maryland 30
(2021 Replacement Volume and 2021 Supplement) 31
(As enacted by Section 1 of this Act) 32
BY repealing and reenacting, without amendments, 33
Article – Criminal Procedure 34
Section 5–202(c)(1) and (d)(1) 35
Annotated Code of Maryland 36
(2018 Replacement Volume and 2021 Supplement) 37
BY repealing and reenacting, with amendments, 38
Article – Criminal Procedure 39 HOUSE BILL 423 3
Section 5–202(f) 1
Annotated Code of Maryland 2
(2018 Replacement Volume and 2021 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Public Safety 5
Section 5–133(b) and (c), 5–134(b), 5–138, 5–141, 5–142, and 5–144 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2021 Supplement) 8
BY adding to 9
Article – Public Safety 10
Section 5–134(c) 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That Section(s) 7–104(h) through (j), respectively, of Article – Criminal Law of the 15
Annotated Code of Maryland be renumbered to be Section(s) 7–104(i) through (k), 16
respectively. 17
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 5 –134(c) and (d), 18
respectively, of Article – Public Safety of the Annotated Code of Maryland be renumbered 19
to be Section(s) 5–134(d) and (e), respectively. 20
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
as follows: 22
Article – Correctional Services 23
6–101. 24
(a) In this subtitle the following words have the meanings indicated. 25
(m) “Technical violation” means a violation of a condition of probation, parole, or 26
mandatory supervision that does not involve: 27
(1) an arrest or a summons issued by a commissioner on a statement of 28
charges filed by a law enforcement officer; 29
(2) a violation of a criminal prohibition other than a minor traffic offense; 30
(3) a violation of a no–contact or stay–away order; [or] 31
(4) absconding; OR 32
(5) USE OR POSSESSION OF A FIREARM. 33 4 HOUSE BILL 423
Article – Courts and Judicial Proceedings 1
12–302. 2
(c) (4) (i) [In a case involving] THIS PARAGRAPH APPLIE S IN A CASE: 3
1. INVOLVING a crime of violence as defined in § 14–101 of 4
the Criminal Law Article[, and in cases under §§ 5–602 through 5–609 and §§ 5–612 5
through 5–614]; 6
2. UNDER § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 7
5–607, § 5–608, § 5–609, § 5–612, § 5–613, OR § 5–614 of the Criminal Law Article[,]; 8
3. UNDER § 5–621 OR § 5–622 OF THE CRIMINAL LAW 9
ARTICLE; OR 10
4. UNDER § 5–133, § 5–133.1, § 5–134, § 5–136, § 5–138, 11
§ 5–140, § 5–141, § 5–142, § 5–205, OR § 5–206 OF THE PUBLIC SAFETY ARTICLE. 12
(II) FOR CASES LISTED IN S UBPARAGRAPH (I) OF THIS 13
PARAGRAPH , the State may appeal from a decision of a trial court that excludes evidence 14
offered by the State or requires the return of property alleged to have been seized in 15
violation of the Constitution of the United States, the Maryland Constitution, or the 16
Maryland Declaration of Rights. 17
[(ii)] (III) The appeal shall be made before jeopardy attaches to the 18
defendant. However, in all cases the appeal shall be taken no more than 15 days after the 19
decision has been rendered and shall be diligently prosecuted. 20
[(iii)] (IV) Before taking the appeal, the State shall certify to the 21
court that the appeal is not taken for purposes of delay and that the evidence excluded or 22
the property required to be returned is substantial proof of a material fact in the proceeding. 23
The appeal shall be heard and the decision rendered within 120 days of the time that the 24
record on appeal is filed in the appellate court. Otherwise, the decision of the trial court 25
shall be final. 26
[(iv)] (V) Except in a homicide case, if the State appeals on the basis 27
of this paragraph, and if on final appeal the decision of the trial court is affirmed, the 28
charges against the defendant shall be dismissed in the case from which the appeal was 29
taken. In that case, the State may not prosecute the defendant on those specific charges or 30
on any other related charges arising out of the same incident. 31
[(v)] (VI) 1. Except as provided in subsubparagraph 2 of this 32
subparagraph, pending the prosecution and determination of an appeal taken under this 33
paragraph or paragraph (2) of this subsection, the defendant shall be released on personal 34 HOUSE BILL 423 5
recognizance bail. If the defendant fails to appear as required by the terms of the 1
recognizance bail, the trial court shall subject the defendant to the penalties provided in § 2
5–211 of the Criminal Procedure Article. 3
2. A. Pending the prosecution and determination of an 4
appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which 5
the defendant is charged with a crime of violence, as defined in § 14–101 of the Criminal 6
Law Article, OR A FIREARM–RELATED CRIME LISTED IN SUBPARAGRAPH (I)3 OR 4 OF 7
THIS PARAGRAPH , the court may release the defendant on any terms and conditions that 8
the court considers appropriate or may order the defendant remanded to custody pending 9
the outcome of the appeal. 10
B. The determination and enforcement of any terms and 11
conditions of release shall be in accordance with the provisions of Title 5 of the Criminal 12
Procedure Article. 13
[(vi)] (VII) If the State loses the appeal, the jurisdiction shall pay all 14
the costs related to the appeal, including reasonable attorney’s fees incurred by the 15
defendant as a result of the appeal. 16
Article – Criminal Law 17
4–204. 18
(a) (1) In this section, “firearm” means: 19
(i) a weapon that expels, is designed to expel, or may readily be 20
converted to expel a projectile by the action of an explosive; or 21
(ii) the frame or receiver of such a weapon. 22
(2) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 23
short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 24
loaded or unloaded. 25
(b) A person may not use a firearm in the commission of a crime of violence, as 26
defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 27
operable or inoperable at the time of the crime. 28
(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 29
FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 30
shall be sentenced: 31
1. FOR A FIRST OFFENSE , to imprisonment for not less than 32
5 years and not exceeding 20 years; AND 33
6 HOUSE BILL 423
2. FOR A SECOND OR SUBS EQUENT OFFENSE , TO 1
IMPRISONMENT FOR NOT LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS. 2
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE: 3
1. THE court may not impose less than the MANDATORY 4
minimum sentence of 5 years [and, except] FOR A SENTENCE IMPOS ED UNDER 5
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH ; AND 6
2. THE COURT MAY NOT IM POSE LESS THAN THE 7
MANDATORY MINIMUM SENTENCE OF 10 YEARS FOR A SENTENCE IMPOSED UNDER 8
SUBPARAGRAPH (I)2 OF THIS PARAGRAPH . 9
(III) THE MANDATORY MINIMUM SENTENCE REQUIRED UN DER 10
SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y NOT BE SUSPENDED . 11
(IV) EXCEPT as otherwise provided in § 4–305 of the Correctional 12
Services Article, the person is not eligible for parole in less than [5 years] THE 13
MANDATORY MINIMUM SE NTENCE. 14
(2) [For each subsequent violation, the] THE sentence shall be consecutive 15
to and not concurrent with any other sentence imposed for the crime of violence or felony. 16
4–306. 17
(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, or 18
a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 19
of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 20
of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 21
for the felony or crime of violence, shall be sentenced under this subsection. 22
(2) (i) For a first violation, the person shall be sentenced to 23
imprisonment for not less than 5 years and not exceeding 20 years. 24
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE , THE 25
court may not impose less than the minimum sentence of 5 years. 26
(iii) The mandatory minimum sentence of 5 years may not be 27
suspended. 28
(iv) Except as otherwise provided in § 4–305 of the Correctional 29
Services Article, the person is not eligible for parole in less than 5 years. 30
(3) (i) For each subsequent violation, the person shall be sentenced to 31
imprisonment for not less than 10 years and not exceeding 20 years. 32
HOUSE BILL 423 7
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE , THE 1
court may not impose less than the minimum sentence of 10 years. 2
(III) THE MANDATORY MINIMUM SENTENCE OF 10 YEARS MAY 3
NOT BE SUSPENDED . 4
(IV) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 5
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE IN 6
LESS THAN 10 YEARS. 7
[(iii)] (4) A sentence imposed under this [paragraph] SUBSECTION 8
shall be consecutive to and not concurrent with any other sentence imposed for the felony 9
or crime of violence. 10
4–404. 11
(a) A person may not use or possess a machine gun in the commission or 12
attempted commission of a FELONY OR crime of violence. 13
(b) (1) A person who violates this section is guilty of a felony and on conviction, 14
IN ADDITION TO ANY O THER PENALTY IMPOSED FOR THE CRIME OF VIO LENCE OR 15
FELONY, is subject to [imprisonment not exceeding 20 years]: 16
(I) FOR A FIRST OFFENSE, IMPRISONMENT FOR NOT LESS THAN 17
5 YEARS AND NOT EXCEED ING 20 YEARS; AND 18
(II) FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT 19
FOR NOT LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS. 20
(2) (I) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT 21
MAY NOT IMPOSE LESS THAN THE MANDATORY M INIMUM SENTENCE OF 5 YEARS FOR 22
A SENTENCE IMPOSED U NDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 23
(II) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT 24
MAY NOT IMPOSE LESS THAN THE MANDATORY M INIMUM SENTENCE O F 10 YEARS 25
FOR A SENTENCE IMPOS ED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION . 26
(3) A MANDATORY MINIMUM SE NTENCE UNDER PARAGRA PH (1) OF 27
THIS SUBSECTION MAY NOT BE SUSPENDED . 28
(4) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 29
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE IN 30
LESS THAN THE MANDAT ORY MINIMUM SENTENCE . 31
8 HOUSE BILL 423
(5) THE SENTENCE SHALL BE CONSECUTIVE TO AND N OT 1
CONCURRENT WITH ANY OTHER SENTENCE IMPOS ED FOR THE CRIME OF VIOLENCE 2
OR FELONY. 3
7–104. 4
(g) (1) THIS SUBSECTION DOES NOT APPLY TO TH EFT OF A FIREARM . 5
(2) A person convicted of theft of property or services with a value of: 6
(i) at least $1,500 but less than $25,000 is guilty of a felony and: 7
1. is subject to imprisonment not exceeding 5 years or a fine 8
not exceeding $10,000 or both; and 9
2. shall restore the property taken to the owner or pay the 10
owner the value of the property or services; 11
(ii) at least $25,000 but less than $100,000 is guilty of a felony and: 12
1. is subject to imprisonment not exceeding 10 years or a fine 13
not exceeding $15,000 or both; and 14
2. shall restore the property taken to the owner or pay the 15
owner the value of the property or services; or 16
(iii) $100,000 or more is guilty of a felony and: 17
1. is subject to imprisonment not exceeding 20 years or a fine 18
not exceeding $25,000 or both; and 19
2. shall restore the property taken to the owner or pay the 20
owner the value of the property or services. 21
[(2)] (3) Except as provided in paragraph [(3)] (4) of this subsection, a 22
person convicted of theft of property or services with a value of at least $100 but less than 23
$1,500, is guilty of a misdemeanor and: 24
(i) is subject to: 25
1. for a first conviction, imprisonment not exceeding 6 26
months or a fine not exceeding $500 or both; and 27
2. for a second or subsequent conviction, imprisonment not 28
exceeding 1 year or a fine not exceeding $500 or both; and 29
HOUSE BILL 423 9
(ii) shall restore the property taken to the owner or pay the owner 1
the value of the property or services. 2
[(3)] (4) A person convicted of theft of property or services with a value of 3
less than $100 is guilty of a misdemeanor and: 4
(i) is subject to imprisonment not exceeding 90 days or a fine not 5
exceeding $500 or both; and 6
(ii) shall restore the property taken to the owner or pay the owner 7
the value of the property or services. 8
[(4)] (5) Subject to paragraph [(5)] (6) of this subsection, a person who 9
has four or more prior convictions under this subtitle and who is convicted of theft of 10
property or services with a value of less than $1,500 under paragraph [(2)] (3) of this 11
subsection is guilty of a misdemeanor and: 12
(i) is subject to imprisonment not exceeding 5 years or a fine not 13
exceeding $5,000 or both; and 14
(ii) shall restore the property taken to the owner or pay the owner 15
the value of the property or services. 16
[(5)] (6) The court may not impose the penalties under paragraph [(4)] 17
(5) of this subsection unless the State’s Attorney serves notice on the defendant or the 18
defendant’s counsel before the acceptance of a plea of guilty or nolo contendere or at least 19
15 days before trial that: 20
(i) the State will seek the penalties under paragraph [(4)] (5) of this 21
subsection; and 22
(ii) lists the alleged prior convictions. 23
(H) (1) A PERSON CONVICTED OF THEFT OF A FIREARM , INCLUDING AN 24
ANTIQUE FIREARM OR A REPLICA OF AN ANTIQU E FIREARM, IS GUILTY OF A FELON Y 25
AND: 26
(I) 1. FOR A FIRST CONVICTI ON, IS SUBJECT TO 27
IMPRISONMENT FOR NOT LESS THAN 2 YEARS AND NOT EXCEED ING 10 YEARS AND A 28
FINE NOT EXCEEDING $2,500; AND 29
2. FOR A SECOND OR SUBS EQUENT CONVICTION , IS 30
SUBJECT TO IMPRISONM ENT FOR NOT LESS THA N 5 YEARS AND NOT EXCEEDING 15 31
YEARS AND A FINE NOT EXCEEDING $10,000; AND 32
10 HOUSE BILL 423
(II) SHALL RESTORE THE FI REARM TO THE OWNER O R PAY THE 1
OWNER THE VALUE OF T HE FIREARM. 2
(2) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT MAY 3
NOT IMPOSE LESS THAN THE MANDATORY MINIMU M SENTENCE OF : 4
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 5
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 6
(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 7
MINIMUM SENTENCE OF : 8
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 9
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 10
(4) A SENTENCE IMPOSED UND ER PARAGRAPH (1) OF THIS 11
SUBSECTION SHALL BE SEPARATE FROM AND CONSEC UTIVE TO A SENTENCE FOR 12
ANY OTHER OFFENSE . 13
(j) An action or prosecution for a violation of subsection [(g)(2) or (3)] (G)(3) OR 14
(4) of this section shall be commenced within 2 years after the commission of the crime. 15
Article – Criminal Procedure 16
5–202. 17
(c) (1) A District Court commissioner may not authorize the pretrial release of 18
a defendant charged with a crime of violence if the defendant has been previously convicted: 19
(i) in this State of a crime of violence; 20
(ii) in any other jurisdiction of a crime that would be a crime of 21
violence if committed in this State; or 22
(iii) of an offense listed in subsection (f)(1) of this section. 23
(d) (1) A District Court commissioner may not authorize the pretrial release of 24
a defendant charged with committing one of the following crimes while the defendant was 25
released on bail or personal recognizance for a pending prior charge of committing one of 26
the following crimes: 27
(i) aiding, counseling, or procuring arson in the first degree under § 28
6–102 of the Criminal Law Article; 29 HOUSE BILL 423 11
(ii) arson in the second degree or attempting, aiding, counseling, or 1
procuring arson in the second degree under § 6–103 of the Criminal Law Article; 2
(iii) burglary in the first degree under § 6–202 of the Criminal Law 3
Article; 4
(iv) burglary in the second degree under § 6–203 of the Criminal Law 5
Article; 6
(v) burglary in the third degree under § 6–204 of the Criminal Law 7
Article; 8
(vi) causing abuse to a child under § 3–601 or § 3–602 of the Criminal 9
Law Article; 10
(vii) a crime that relates to a destructive device under § 4–503 of the 11
Criminal Law Article; 12
(viii) a crime that relates to a controlled dangerous substance under 13
§§ 5–602 through 5–609 or § 5–612 or § 5–613 of the Criminal Law Article; 14
(ix) manslaughter by vehicle or vessel under § 2–209 of the Criminal 15
Law Article; and 16
(x) a crime of violence. 17
(f) (1) (I) A District Court commissioner may not authorize the pretrial 18
release of a defendant charged with [one of the following crimes] A CRIME LISTED IN 19
SUBPARAGRAPH (II) OF THIS PARAGRAPH if the defendant: 20
1. has previously been convicted of a crime of violence or [one 21
of the following crimes:] A CRIME LISTED IN SU BPARAGRAPH (II) OF THIS PARAGRAPH ; 22
OR 23
2. IS ON PRETRIAL RELEASE FOR A CRIME OF VIOLE NCE 24
OR A CRIME LISTED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH . 25
(II) THIS SUBSECTION APPLI ES TO THE FOLLOWING CRIMES: 26
[(i)] 1. wearing, carrying, or transporting a handgun under § 27
4–203 of the Criminal Law Article; 28
[(ii)] 2. use of a handgun or an antique firearm in commission of a 29
crime under § 4–204 of the Criminal Law Article; 30
12 HOUSE BILL 423
[(iii)] 3. violating prohibitions relating to assault weapons under § 1
4–303 of the Criminal Law Article; 2
[(iv)] 4. use of a machine gun in a crime of violence under § 4–404 3
of the Criminal Law Article; 4
[(v)] 5. use of a machine gun for an aggressive purpose under § 5
4–405 of the Criminal Law Article; 6
[(vi)] 6. use of a weapon as a separate crime under § 5–621 of the 7
Criminal Law Article; 8
7. POSSESSING, USING, OWNING, CARRYING, OR 9
TRANSPORTING A FIREA RM BY A PERSON WITH A PRIOR DRUG CONVICT ION UNDER 10
§ 5–622 OF THE CRIMINAL LAW ARTICLE; 11
[(vii)] 8. possession of a regulated firearm under § 5–133 of the 12
Public Safety Article; 13
9. SALE, RENTAL, OR TRANSFER OF A REG ULATED 14
FIREARM UNDER § 5–134 OF THE PUBLIC SAFETY ARTICLE; 15
10. STRAW PURCHASE OF A REGULATED FIREARM UN DER 16
§ 5–136 OF THE PUBLIC SAFETY ARTICLE; 17
11. SALE, TRANSFER, OR DISPOSAL OF A STO LEN 18
REGULATED FIREARM UN DER § 5–138 OF THE PUBLIC SAFETY ARTICLE; 19
[(viii)] 12. transporting a regulated firearm for unlawful sale or 20
trafficking under § 5–140 of the Public Safety Article; [or] 21
13. KNOWING PARTICIPATIO N IN A STRAW PURCHAS E OF 22
A REGULATED FIREARM UNDER § 5–141 OF THE PUBLIC SAFETY ARTICLE; 23
14. REMOVAL OR ALTERATIO N OF THE MANUFACTURE R’S 24
IDENTIFICATION MARK OR NUMBER ON A FIREA RM UNDER § 5–142 OF THE PUBLIC 25
SAFETY ARTICLE; 26
[(ix)] 15. possession of a rifle or shotgun by a person with a mental 27
disorder under § 5–205 of the Public Safety Article; 28
16. POSSESSION OF A RIFL E OR SHOTGUN BY A PE RSON 29
WITH A PRIOR CONVICT ION UNDER § 5–206 OF THE PUBLIC SAFETY ARTICLE; OR 30
17. A CRIME IN ANY OTHER JURISDICTION THAT WO ULD 31 HOUSE BILL 423 13
BE A CRIME UNDER ITEMS 1 THROUGH 16 OF THIS SUBPARAGRAPH IF COMMITTED 1
IN THIS STATE. 2
(2) (i) A judge may authorize the pretrial release of a defendant 3
described in paragraph (1) of this subsection on: 4
1. suitable bail; 5
2. any other conditions that will reasonably ensure that the 6
defendant will not flee or pose a danger to another person or the community; or 7
3. both bail and other conditions described under item 2 of 8
this subparagraph. 9
(ii) When a defendant described in paragraph (1) of this subsection 10
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 11
detention of the defendant if the judge determines that neither suitable bail nor any 12
condition or combination of conditions will reasonably ensure that the defendant will not 13
flee or pose a danger to another person or the community before the trial. 14
(3) There is a rebuttable presumption that a defendant described in 15
paragraph (1) of this subsection will flee and pose a danger to another person or the 16
community. 17
Article – Public Safety 18
5–133. 19
(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 20
regulated firearm if the person: 21
[(1)] (I) has been convicted of a disqualifying crime; 22
[(2)] (II) has been convicted of a violation classified as a common law 23
crime and received a term of imprisonment of more than 2 years; 24
[(3)] (III) is a fugitive from justice; 25
[(4)] (IV) is a habitual drunkard; 26
[(5)] (V) is addicted to a controlled dangerous substance or is a habitual 27
user; 28
[(6)] (VI) suffers from a mental disorder as defined in § 10–101(i)(2) of the 29
Health – General Article and has a history of violent behavior against the person or 30
another; 31 14 HOUSE BILL 423
[(7)] (VII) has been found incompetent to stand trial under § 3–106 of the 1
Criminal Procedure Article; 2
[(8)] (VIII) has been found not criminally responsible under § 3–110 of the 3
Criminal Procedure Article; 4
[(9)] (IX) has been voluntarily admitted for more than 30 consecutive days 5
to a facility as defined in § 10–101 of the Health – General Article; 6
[(10)] (X) has been involuntarily committed to a facility as defined in § 7
10–101 of the Health – General Article; 8
[(11)] (XI) is under the protection of a guardian appointed by a court under 9
§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 10
appointment of a guardian is solely a result of a physical disability; 11
[(12)] (XII) except as provided in subsection (e) of this section, is a 12
respondent against whom: 13
[(i)] 1. a current non ex parte civil protective order has been 14
entered under § 4–506 of the Family Law Article; or 15
[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 16
Family Law Article, has been issued by a court of another state or a Native American tribe 17
and is in effect; or 18
[(13)] (XIII) if under the age of 30 years at the time of possession, has been 19
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 20
committed by an adult. 21
(2) (I) EXCEPT AS PROVID ED IN SUBSECTION (C) OF THIS SECTION, 22
A PERSON WHO VIOLATE S THIS SUBSECTION IS GUILTY OF A MISDEMEA NOR AND ON 23
CONVICTION IS SUBJEC T TO: 24
1. FOR A FIRST OFFENSE , IMPRISONMENT NOT 25
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; AND 26
2. FOR A SECOND OR SUBSEQUE NT OFFENSE , 27
IMPRISONMENT NOT EXC EEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR 28
BOTH. 29
(II) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE 30
CRIME. 31
HOUSE BILL 423 15
(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 1
PROHIBITED FROM PART ICIPATING IN A DRUG TREA TMENT PROGRAM UNDER § 2
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 3
SENTENCE. 4
(c) (1) A person may not possess a regulated firearm if the person was 5
previously convicted of: 6
(i) a crime of violence; 7
(ii) a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 8
5–613, § 5–614, § 5–621, [or] § 5–622, § 9–803, § 9–804, OR § 9–805 of the Criminal Law 9
Article; or 10
(iii) an offense under the laws of another state or the United States 11
that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed 12
in this State. 13
(2) (i) Subject to paragraph (3) of this subsection, a person who violates 14
this subsection is guilty of a felony and on conviction is subject to imprisonment for not less 15
than 5 years and not exceeding 15 years. 16
(ii) The court may not suspend any part of the mandatory minimum 17
sentence of 5 years. 18
(iii) Except as otherwise provided in § 4–305 of the Correctional 19
Services Article, the person is not eligible for parole during the mandatory minimum 20
sentence. 21
(3) At the time of the commission of the offense, if a period of more than 5 22
years has elapsed since the person completed serving the sentence for the most recent 23
conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, 24
mandatory supervision, probation, and parole: 25
(i) the imposition of the mandatory minimum sentence is within the 26
discretion of the court; and 27
(ii) the mandatory minimum sentence may not be imposed unless 28
the State’s Attorney notifies the person in writing at least 30 days before trial of the State’s 29
intention to seek the mandatory minimum sentence. 30
(4) Each violation of this subsection is a separate crime. 31
(5) A person convicted under this subsection is not prohibited from 32
participating in a drug treatment program under § 8–507 of the Health – General Article 33
because of the length of the sentence. 34
16 HOUSE BILL 423
5–134. 1
(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 2
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 3
or has reasonable cause to believe: 4
(1) is under the age of 21 years, unless the regulated firearm is loaned to a 5
borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 6
(2) has been convicted of a disqualifying crime; 7
(3) has been convicted of a conspiracy to commit a felony; 8
(4) has been convicted of a violation classified as a common law crime and 9
received a term of imprisonment of more than 2 years; 10
(5) is a fugitive from justice; 11
(6) is a habitual drunkard; 12
(7) is addicted to a controlled dangerous substance or is a habitual user; 13
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 14
– General Article, and has a history of violent behavior against the purchaser, lessee, 15
borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 16
possesses a physician’s certificate that the recipient is capable of possessing a regulated 17
firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 18
another; 19
(9) has been confined for more than 30 consecutive days to a facility as 20
defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 21
or transferee possesses a physician’s certificate that the recipient is capable of possessing 22
a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 23
or to another; 24
(10) is a respondent against whom a current non ex parte civil protective 25
order has been entered under § 4–506 of the Family Law Article; 26
(11) if under the age of 30 years at the time of the transaction, has been 27
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 28
committed by an adult; 29
(12) is visibly under the influence of alcohol or drugs; 30
(13) is a participant in a straw purchase; 31
(14) subject to subsection [(c)] (D) of this section for a transaction under this 32 HOUSE BILL 423 17
subsection that is made on or after January 1, 2002, has not completed a certified firearms 1
safety training course conducted free of charge by the Police Training and Standards 2
Commission or that meets standards established by the Police Training and Standards 3
Commission under § 3–207 of this article; or 4
(15) intends to use the regulated firearm to: 5
(i) commit a crime; or 6
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 7
another person. 8
(C) (1) A DEALER OR OTHER PERS ON MAY NOT SELL , RENT, LOAN, OR 9
TRANSFER A REGULATED FIREARM TO A PURCHASER , LESSEE, BORROWER , OR 10
TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 11
THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE : 12
(I) WAS PREVIOUSLY CONVI CTED OF: 13
1. A CRIME OF VIOLENCE ; 14
2. A VIOLATION OF § 5–602, § 5–603, § 5–604, § 5–605, § 15
5–612, § 5–613, § 5–614, § 5–621, § 5–622, § 9–803, § 9–804, OR § 9–805 OF THE 16
CRIMINAL LAW ARTICLE; OR 17
3. AN OFFENSE UNDER THE LAWS OF ANOTHER STAT E 18
OR THE UNITED STATES THAT WOULD CON STITUTE ONE OF THE C RIMES LISTED IN 19
ITEM 1 OR 2 OF THIS ITEM IF COMM ITTED IN THIS STATE; OR 20
(II) INTENDS TO USE THE R EGULATED FIREARM TO : 21
1. COMMIT A CRIME ; OR 22
2. CAUSE HARM TO THE PU RCHASER, LESSEE, 23
TRANSFEREE , OR RECIPIENT OR ANOT HER PERSON. 24
(2) A PERSON WHO VIOLATES THIS SUBSEC TION IS GUILTY OF A 25
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 15 26
YEARS. 27
(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME . 28
(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 29
PROHIBITED FROM PART ICIPATING IN A DRUG TR EATMENT PROGRAM UNDE R § 30 18 HOUSE BILL 423
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 1
SENTENCE. 2
(5) A CHARGE OF VIOLATING THIS SUBSECTION ALSO CHARGES A 3
DEFENDANT WITH VIOLA TING SUBSECTION (B) OF THIS SECTION. 4
5–138. 5
(A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 6
regulated firearm if the person knows or has reasonable cause to believe that the regulated 7
firearm has been stolen. 8
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND : 9
(1) (I) FOR A FIRST CONVICTI ON, IS SUBJECT TO IMPRIS ONMENT 10
FOR NOT LESS THAN 2 YEARS AND NOT EXCEED ING 10 YEARS AND A FINE NOT 11
EXCEEDING $2,500; AND 12
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , IS SUBJECT 13
TO IMPRISONMENT FOR NOT LESS THAN 5 YEARS AND NOT EXCEEDING 15 YEARS 14
AND A FINE NOT EXCEE DING $10,000; AND 15
(2) SHALL RESTORE THE FI REARM TO THE OWNER O R PAY THE 16
OWNER THE VALUE OF T HE FIREARM. 17
(C) (1) NOTWITHSTANDING § 14–102 OF THE CRIMINAL LAW ARTICLE, 18
THE COURT MAY NOT IM POSE LESS THAN T HE MANDATORY MINIMUM SENTENCE OF: 19
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 20
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 21
(2) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 22
MINIMUM SENTENCE OF : 23
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 24
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 25
(3) A SENTENCE IMPOSED UND ER THIS SECTION SHAL L BE SEPARATE 26
FROM AND CONSECUTIVE TO A SENTENCE FOR AN Y OTHER OFFENSE . 27
5–141. 28
HOUSE BILL 423 19
(a) A dealer or other person may not be a knowing participant in a straw purchase 1
of a regulated firearm for a minor or for a person prohibited by law from possessing a 2
regulated firearm. 3
(b) (1) A person who violates this section is guilty of a [misdemeanor] FELONY 4
and on conviction is subject to imprisonment FOR NOT LESS THAN 5 YEARS AND not 5
exceeding [10] 15 years [or] AND a fine not exceeding $25,000 [or both]. 6
(2) NOTWITHSTANDING § 14–102 OF THE CRIMINAL LAW ARTICLE, 7
THE COURT MAY NOT IM POSE LESS THAN THE M ANDATORY MINIMUM SEN TENCE 8
UNDER PAR AGRAPH (1) OF THIS SUBSECTION . 9
(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 10
MINIMUM SENTENCE REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 11
(4) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 12
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS N OT ELIGIBLE FOR PARO LE 13
DURING THE MANDATORY MINIMUM SENTENCE . 14
(c) Each violation of this section is a separate crime. 15
5–142. 16
(a) A person may not obliterate, remove, change, or alter the manufacturer’s 17
identification mark or number on a firearm. 18
(b) If on trial for a violation of this section possession of the firearm by the 19
defendant is established, the defendant is presumed to have obliterated, removed, changed, 20
or altered the manufacturer’s identification mark or number on the firearm. 21
(C) A PERSON WHO VIOLATES THI S SECTION IS GUILTY OF A MISDEMEANOR 22
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 10 YEARS OR 23
A FINE NOT EXCEEDING $10,000 OR BOTH. 24
5–144. 25
(a) Except as otherwise provided in this subtitle, a dealer or other person [may 26
not: 27
(1) knowingly participate in the illegal sale, rental, transfer, purchase, 28
possession, or receipt of a regulated firearm in violation of] WHO KNOWINGLY VIOLAT ES 29
A PROVISION OF this subtitle[; or 30
(2) knowingly violate § 5–142 of this subtitle. 31
20 HOUSE BILL 423
(b) A person who violates this section] is guilty of a misdemeanor and on 1
conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 2
or both. 3
[(c)] (B) Each violation of this [section] SUBTITLE is a separate crime. 4
SECTION 4. AND BE IT FURTHER ENACTED, That this Act is an emergency 5
measure, is necessary for the immediate preservation of the public health or safety, has 6
been passed by a yea and nay vote supported by three–fifths of all the members elected to 7
each of the two Houses of the General Assembly, and shall take effect from the date it is 8
enacted. 9