Maryland House Bill HB859

Maryland 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

Maryland Arms Protection Act

Impact

If enacted, the act would significantly alter how federal firearm laws are applied and enforced within the state. It requires the Maryland Attorney General to defend residents against federal prosecution for alleged violations of unenforceable federal laws. This provision aims to encourage individuals to exercise their Second Amendment rights without fear of federal intervention. Moreover, the bill establishes a clear legal framework for residents to file suit against federal or state actors who violate this statute, presenting a proactive means for individuals to seek legal recourse and potentially claim damages.

Summary

House Bill 859, known as the Maryland Arms Protection Act, seeks to protect state residents from certain federal actions concerning firearms, firearm magazines, firearm accessories, and ammunition. The bill declares that any federal action intended to restrict the possession, transfer, or use of such items is unenforceable by state actors in Maryland. This includes provisions that would register, restrict, or ban ownership beyond the statutes in effect as of December 31, 2020. By asserting that these federal actions do not pertain within Maryland’s jurisdiction, the bill seeks to fortify a state's authority over firearm regulations within its borders.

Contention

The passage of HB859 is expected to incite substantial debate among lawmakers and the public. Critics may argue that this bill undermines federal authority and could create conflicts between state and federal law. It also raises questions regarding how such unfunded mandates on state enforcement will be managed. Additionally, the bill's stipulations about barring state employment for those found in violation of this bill could impact various government roles, further complicating matters of enforcement and compliance with existing federal statutes.