Maryland 2022 Regular Session

Maryland Senate Bill SB329 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	SENATE BILL 329
4	4	G1 EMERGENCY BILL 2lr1153
5	5	SB 10/21 – EHE CF HB 30
6	6	By: Senators Waldstreicher and Ferguson
7	7	Introduced and read first time: January 20, 2022
8	8	Assigned to: Education, Health, and Environmental Affairs
9	9
10	10	A BILL ENTITLED
11	11
12	12	AN ACT concerning 1
13	13
14	14	Election Law – Polling Sites – Firearms Prohibitions 2
15	15
16	16	FOR the purpose of prohibiting a person from carrying or displaying a firearm on certain 3
17	17	premises or carrying or possessing a firearm within a certain number of feet of a 4
18	18	polling site during an election, subject to certain exceptions; and generally relating 5
19	19	to prohibiting firearms in polling sites during an election. 6
20	20
21	21	BY repealing and reenacting, with amendments, 7
22	22	Article – Election Law 8
23	23	Section 16–903 and 16–1002 9
24	24	Annotated Code of Maryland 10
25	25	(2017 Replacement Volume and 2021 Supplement) 11
26	26
27	27	BY adding to 12
28	28	Article – Election Law 13
29	29	Section 16–904 14
30	30	Annotated Code of Maryland 15
31	31	(2017 Replacement Volume and 2021 Supplement) 16
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
34	34	That the Laws of Maryland read as follows: 18
35	35
36	36	Article – Election Law 19
37	37
38	38	16–903. 20
39	39
40	40	(a) Except as provided in subsection (b) of this section, a person may not attire or 21
41	41	equip an individual, or permit an individual to be attired or equipped, in a manner which 22
42	42	creates the appearance that the individual is performing an official or governmental 23
43	43	function in connection with an election, including: 24
44	44
45	45	(1) wearing a public or private law enforcement or security guard uniform; 25
46	46
47	47	(2) using an armband; or 26
48	48
49	49	(3) except as required by law or by regulation adopted by the State Board 27 2 SENATE BILL 329
50	50
51	51
52	52	in connection with ballot security activities, carrying or displaying a [gun] FIREARM, AS 1
53	53	DEFINED IN § 16–904(A) OF THIS SUBTITLE, or badge within 100 feet of a polling site on 2
54	54	election day. 3
55	55
56	56	(b) (1) A law enforcement officer or security guard who is on duty or traveling 4
57	57	to or from duty may vote while wearing a uniform. 5
58	58
59	59	(2) A law enforcement officer who is performing an official governmental 6
60	60	function may wear a uniform at a polling site. 7
61	61
62	62	(c) A person who violates this section is subject to the civil penalty specified under 8
63	63	§ 16–1002 of this title. 9
64	64
65	65	16–904. 10
66	66
67	67	(A) (1) IN THIS SECTION, “FIREARM” MEANS A WEAPON THAT EXPELS, IS 11
68	68	DESIGNED TO EXPEL , OR MAY READILY BE CO NVERTED TO EXPEL A P ROJECTILE BY 12
69	69	THE ACTION OF AN EXP LOSIVE. 13
70	70
71	71	(2) “FIREARM” INCLUDES AN ANTIQUE FIREARM, A HANDGUN , A 14
72	72	RIFLE, A SHOTGUN, A SHORT–BARRELED RIFLE , A SHORT–BARRELED SHOTGUN , A 15
73	73	STARTER GUN , OR ANY OTHER FIREARM , WHETHER LOADED OR UN LOADED. 16
74	74
75	75	(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION AND § 17
76	76	16–903 OF THIS SUBTITLE , A PERSON MAY NOT : 18
77	77
78	78	(1) CARRY OR DISPLAY A F IREARM ON THE PREMIS ES OF A PRIVATELY 19
79	79	OR PUBLICLY OWNED BU ILDING BEING USED A S A POLLING SITE DUR ING AN 20
80	80	ELECTION, INCLUDING IN A PARKI NG LOT; OR 21
81	81
82	82	(2) CARRY OR POSSESS A F IREARM WITHIN 100 FEET OF A POLLING 22
83	83	SITE DURING AN ELECT ION. 23
84	84
85	85	(C) (1) AN INDIVIDUAL IS NOT IN VIOLATION OF SUBS ECTION (B) OF THIS 24
86	86	SECTION IF THE INDIV IDUAL IS: 25
87	87
88	88	(I) A LAW ENFORCEMENT OF FICER IN THE REGULAR COURSE 26
89	89	OF THE OFFICER ’S DUTY; OR 27
90	90
91	91	(II) AN OFF–DUTY LAW ENFORCEMENT OFFICER, IF: 28
92	92
93	93	1. THE OFFICER IS DISPL AYING THE OFFICER ’S BADGE 29
94	94	OR CREDENTIAL ; AND 30
95	95
96	96	2. THE WEAPON CARRIED O R POSSESSED BY THE 31 SENATE BILL 329 3
97	97
98	98
99	99	OFFICER IS CONCEALED . 1
100	100
101	101	(2) AN INDIVIDUAL IS NOT IN VIOLATION OF SUBS ECTION (B)(2) OF 2
102	102	THIS SECTION IF: 3
103	103
104	104	(I) THE INDIVIDUAL IS LE GALLY IN POSSESSION OF A FIREARM; 4
105	105
106	106	(II) THE RESIDENCE OF THE INDIVIDUAL IS WITHIN 100 FEET OF 5
107	107	A PRIVATELY OR PUBLI CLY OWNED BUILDING BEING US ED AS A POLLING SITE 6
108	108	DURING AN ELECTION ; AND 7
109	109
110	110	(III) THE INDIVIDUAL IS TR ANSFERRING THE FIREA RM TO THE 8
111	111	INDIVIDUAL’S RESIDENCE OR VEHIC LE WITHIN 100 FEET OF A POLLING PL ACE. 9
112	112
113	113	(D) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO THE CIVIL 10
114	114	PENALTY SPECIFIED UN DER § 16–1002 OF THIS TITLE. 11
115	115
116	116	16–1002. 12
117	117
118	118	A person who violates § 16–201(a)(6) or (7) [or], § 16–903, OR § 16–904 of this title 13
119	119	without knowing that the act is illegal shall pay a civil penalty and have the matter 14
120	120	adjudicated in accordance with § 13–604 of this article. 15
121	121
122	122	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 16
123	123	measure, is necessary for the immediate preservation of the public health or safety, has 17
124	124	been passed by a yea and nay vote supported by three–fifths of all the members elected to 18
125	125	each of the two Houses of the General Assembly, and shall take effect from the date it is 19
126	126	enacted. 20
127	127