SENATE BILL 329
G1 EMERGENCY BILL 2lr1153
SB 10/21 – EHE CF HB 30
By: Senators Waldstreicher and Ferguson
Introduced and read first time: January 20, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Election Law – Polling Sites – Firearms Prohibitions 2
FOR the purpose of prohibiting a person from carrying or displaying a firearm on certain 3
premises or carrying or possessing a firearm within a certain number of feet of a 4
polling site during an election, subject to certain exceptions; and generally relating 5
to prohibiting firearms in polling sites during an election. 6
BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 16–903 and 16–1002 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2021 Supplement) 11
BY adding to 12
Article – Election Law 13
Section 16–904 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Election Law 19
16–903. 20
(a) Except as provided in subsection (b) of this section, a person may not attire or 21
equip an individual, or permit an individual to be attired or equipped, in a manner which 22
creates the appearance that the individual is performing an official or governmental 23
function in connection with an election, including: 24
(1) wearing a public or private law enforcement or security guard uniform; 25
(2) using an armband; or 26
(3) except as required by law or by regulation adopted by the State Board 27 2 SENATE BILL 329
in connection with ballot security activities, carrying or displaying a [gun] FIREARM, AS 1
DEFINED IN § 16–904(A) OF THIS SUBTITLE, or badge within 100 feet of a polling site on 2
election day. 3
(b) (1) A law enforcement officer or security guard who is on duty or traveling 4
to or from duty may vote while wearing a uniform. 5
(2) A law enforcement officer who is performing an official governmental 6
function may wear a uniform at a polling site. 7
(c) A person who violates this section is subject to the civil penalty specified under 8
§ 16–1002 of this title. 9
16–904. 10
(A) (1) IN THIS SECTION, “FIREARM” MEANS A WEAPON THAT EXPELS, IS 11
DESIGNED TO EXPEL , OR MAY READILY BE CO NVERTED TO EXPEL A P ROJECTILE BY 12
THE ACTION OF AN EXP LOSIVE. 13
(2) “FIREARM” INCLUDES AN ANTIQUE FIREARM, A HANDGUN , A 14
RIFLE, A SHOTGUN, A SHORT–BARRELED RIFLE , A SHORT–BARRELED SHOTGUN , A 15
STARTER GUN , OR ANY OTHER FIREARM , WHETHER LOADED OR UN LOADED. 16
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION AND § 17
16–903 OF THIS SUBTITLE , A PERSON MAY NOT : 18
(1) CARRY OR DISPLAY A F IREARM ON THE PREMIS ES OF A PRIVATELY 19
OR PUBLICLY OWNED BU ILDING BEING USED A S A POLLING SITE DUR ING AN 20
ELECTION, INCLUDING IN A PARKI NG LOT; OR 21
(2) CARRY OR POSSESS A F IREARM WITHIN 100 FEET OF A POLLING 22
SITE DURING AN ELECT ION. 23
(C) (1) AN INDIVIDUAL IS NOT IN VIOLATION OF SUBS ECTION (B) OF THIS 24
SECTION IF THE INDIV IDUAL IS: 25
(I) A LAW ENFORCEMENT OF FICER IN THE REGULAR COURSE 26
OF THE OFFICER ’S DUTY; OR 27
(II) AN OFF–DUTY LAW ENFORCEMENT OFFICER, IF: 28
1. THE OFFICER IS DISPL AYING THE OFFICER ’S BADGE 29
OR CREDENTIAL ; AND 30
2. THE WEAPON CARRIED O R POSSESSED BY THE 31 SENATE BILL 329 3
OFFICER IS CONCEALED . 1
(2) AN INDIVIDUAL IS NOT IN VIOLATION OF SUBS ECTION (B)(2) OF 2
THIS SECTION IF: 3
(I) THE INDIVIDUAL IS LE GALLY IN POSSESSION OF A FIREARM; 4
(II) THE RESIDENCE OF THE INDIVIDUAL IS WITHIN 100 FEET OF 5
A PRIVATELY OR PUBLI CLY OWNED BUILDING BEING US ED AS A POLLING SITE 6
DURING AN ELECTION ; AND 7
(III) THE INDIVIDUAL IS TR ANSFERRING THE FIREA RM TO THE 8
INDIVIDUAL’S RESIDENCE OR VEHIC LE WITHIN 100 FEET OF A POLLING PL ACE. 9
(D) A PERSON WHO VIOLATES THIS SECTION IS SUBJ ECT TO THE CIVIL 10
PENALTY SPECIFIED UN DER § 16–1002 OF THIS TITLE. 11
16–1002. 12
A person who violates § 16–201(a)(6) or (7) [or], § 16–903, OR § 16–904 of this title 13
without knowing that the act is illegal shall pay a civil penalty and have the matter 14
adjudicated in accordance with § 13–604 of this article. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 16
measure, is necessary for the immediate preservation of the public health or safety, has 17
been passed by a yea and nay vote supported by three–fifths of all the members elected to 18
each of the two Houses of the General Assembly, and shall take effect from the date it is 19
enacted. 20