Maryland 2022 Regular Session

Maryland Senate Bill SB339 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	sb0339
6	6
7	7	SENATE BILL 339
8	8	E1 EMERGENCY BILL 2lr1548
9	9	SB 852/21 – JPR
10	10	By: Senators Hough, Bailey, Carozza, Cassilly, Corderman, Eckardt, Edwards,
11	11	Gallion, Hershey, Jennings, Ready, Salling, Simonaire, and West
12	12	Introduced and read first time: January 20, 2022
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Crimes – Penalties and Procedures 2
20	20	(Violent Firearms Offender Act of 2022) 3
21	21
22	22	FOR the purpose of requiring the Commissioner of Correction to provide an inmate with a 4
23	23	reentry kit and assistance in obtaining Medicaid benefits; expanding the types of 5
24	24	cases in which the State may appeal from a decision of a trial court; authorizing a 6
25	25	court to release a defendant charged with a certain crime on certain terms or 7
26	26	conditions or to order the defendant remanded to custody pending a certain appeal; 8
27	27	prohibiting a dealer or other person from selling, renting, loaning, or transferring a 9
28	28	regulated firearm to a purchaser, lessee, borrower, or transferee if the dealer or other 10
29	29	person has actual knowledge that the purchaser, lessee, borrower, or transferee 11
30	30	intends to use the regulated firearm for a certain purpose; establishing that a person 12
31	31	convicted of a certain offense is not prohibited from participating in certain 13
32	32	treatment; requiring a State’s Attorney to provide certain notice to a criminal 14
33	33	defendant or the defendant’s counsel; and generally relating to firearms and violent 15
34	34	crimes. 16
35	35
36	36	BY renumbering 17
37	37	Article – Public Safety 18
38	38	Section 5–134(c) and (d), respectively 19
39	39	to be Section 5–134(d) and (e), respectively 20
40	40	Annotated Code of Maryland 21
41	41	(2018 Replacement Volume and 2021 Supplement) 22
42	42
43	43	BY repealing and reenacting, without amendments, 23
44	44	Article – Correctional Services 24
45	45	Section 6–101(a) 25
46	46	Annotated Code of Maryland 26
47	47	(2017 Replacement Volume and 2021 Supplement) 27
48	48	2 SENATE BILL 339
49	49
50	50
51	51	BY repealing and reenacting, with amendments, 1
52	52	Article – Correctional Services 2
53	53	Section 6–101(m) 3
54	54	Annotated Code of Maryland 4
55	55	(2017 Replacement Volume and 2021 Supplement) 5
56	56
57	57	BY adding to 6
58	58	Article – Correctional Services 7
59	59	Section 9–609.2 8
60	60	Annotated Code of Maryland 9
61	61	(2017 Replacement Volume and 2021 Supplement) 10
62	62
63	63	BY repealing and reenacting, with amendments, 11
64	64	Article – Courts and Judicial Proceedings 12
65	65	Section 12–302(c)(4) 13
66	66	Annotated Code of Maryland 14
67	67	(2020 Replacement Volume and 2021 Supplement) 15
68	68
69	69	BY repealing and reenacting, with amendments, 16
70	70	Article – Criminal Law 17
71	71	Section 4–204, 4–306(b), 4–404, and 14–101(a) 18
72	72	Annotated Code of Maryland 19
73	73	(2021 Replacement Volume and 2021 Supplement) 20
74	74
75	75	BY repealing and reenacting, with amendments, 21
76	76	Article – Public Safety 22
77	77	Section 5–133(b) 23
78	78	Annotated Code of Maryland 24
79	79	(2018 Replacement Volume and 2021 Supplement) 25
80	80
81	81	BY repealing and reenacting, without amendments, 26
82	82	Article – Public Safety 27
83	83	Section 5–134(b) 28
84	84	Annotated Code of Maryland 29
85	85	(2018 Replacement Volume and 2021 Supplement) 30
86	86
87	87	BY adding to 31
88	88	Article – Public Safety 32
89	89	Section 5–134(c) 33
90	90	Annotated Code of Maryland 34
91	91	(2018 Replacement Volume and 2021 Supplement) 35
92	92
93	93	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
94	94	That Section(s) 5–134(c) and (d), respectively, of Article – Public Safety of the Annotated 37
95	95	Code of Maryland be renumbered to be Section(s) 5–134(d) and (e), respectively. 38
96	96	SENATE BILL 339 3
97	97
98	98
99	99	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
100	100	as follows: 2
101	101
102	102	Article – Correctional Services 3
103	103
104	104	6–101. 4
105	105
106	106	(a) In this subtitle the following words have the meanings indicated. 5
107	107
108	108	(m) “Technical violation” means a violation of a condition of probation, parole, or 6
109	109	mandatory supervision that does not involve: 7
110	110
111	111	(1) an arrest or a summons issued by a commissioner on a statement of 8
112	112	charges filed by a law enforcement officer; 9
113	113
114	114	(2) a violation of a criminal prohibition other than a minor traffic offense; 10
115	115
116	116	(3) a violation of a no–contact or stay–away order; [or] 11
117	117
118	118	(4) absconding; OR 12
119	119
120	120	(5) USE OR POSSESSION OF A FIREARM. 13
121	121
122	122	9–609.2. 14
123	123
124	124	BEFORE RELEASE OF AN INMATE FROM A STATE CORRECTIONAL FA CILITY, 15
125	125	THE COMMISSIONER OF CORRECTION SHALL PROV IDE THE INMATE WITH : 16
126	126
127	127	(1) A REENTRY KIT, INCLUDING: 17
128	128
129	129	(I) AT LEAST 1 WEEK OF SUPPLIES FOR BASIC HUMAN NEEDS , 18
130	130	INCLUDING TOILETRIES AND CLOTHING ; 19
131	131
132	132	(II) THE IDENTIFICATION C ARD REQUIRED TO BE I SSUED 20
133	133	UNDER § 9–609.1 OF THIS SUBTITLE; 21
134	134
135	135	(III) 1. CONTACT INFORMATION FOR EN TITIES THAT 22
136	136	SPECIALIZE IN PROVID ING REENTRY SERVICES , HOUSING ASSISTANCE , SUBSTANCE 23
137	137	USE DISORDER TREATME NT, AND MENTAL HEALTH SE RVICES; AND 24
138	138
139	139	2. IF THE INMATE IS NOT ELIGIBLE FOR MEDICAID 25
140	140	BENEFITS, CONTACT INFORMATION FOR THE MARYLAND HEALTH BENEFIT 26
141	141	EXCHANGE; AND 27
142	142	4 SENATE BILL 339
143	143
144	144
145	145	(IV) PUBLIC TRANSPORTATIO N INFORMATION , INCLUDING 1
146	146	LOCAL PUBLIC TRANSPO RTATION SCHEDULES AN D MAPS; AND 2
147	147
148	148	(2) IF THE INMATE IS ELI GIBLE FOR MEDICAID BENEFITS , 3
149	149	ASSISTANCE IN OBTAIN ING MEDICAID BENEFITS . 4
150	150
151	151	Article – Courts and Judicial Proceedings 5
152	152
153	153	12–302. 6
154	154
155	155	(c) (4) (i) [In a case involving] THIS PARAGRAPH APPLIE S IN A CASE: 7
156	156
157	157	1. INVOLVING a crime of violence as defined in § 14–101 of 8
158	158	the Criminal Law Article[, and in cases under]; 9
159	159
160	160	2. UNDER §§ 5–602 through 5–609 and §§ 5–612 through 10
161	161	5–614 of the Criminal Law Article[,]; 11
162	162
163	163	3. UNDER §§ 5–621 AND 5–622 OF THE CRIMINAL LAW 12
164	164	ARTICLE; OR 13
165	165
166	166	4. UNDER §§ 5–133, 5–133.1, 5–134, 5–136, 5–138, 14
167	167	5–140, 5–141, 5–142, 5–205, AND 5–206 OF THE PUBLIC SAFETY ARTICLE. 15
168	168
169	169	(II) FOR CASES LISTED IN S UBPARAGRAPH (I) OF THIS 16
170	170	PARAGRAPH , the State may appeal from a decision of a trial court that excludes evidence 17
171	171	offered by the State or requires the return of property alleged to have been seized in 18
172	172	violation of the Constitution of the United States, the Maryland Constitution, or the 19
173	173	Maryland Declaration of Rights. 20
174	174
175	175	[(ii)] (III) The appeal shall be made before jeopardy attaches to the 21
176	176	defendant. However, in all cases the appeal shall be taken no more than 15 days after the 22
177	177	decision has been rendered and shall be diligently prosecuted. 23
178	178
179	179	[(iii)] (IV) Before taking the appeal, the State shall certify to the 24
180	180	court that the appeal is not taken for purposes of delay and that the evidence excluded or 25
181	181	the property required to be returned is substantial proof of a material fact in the proceeding. 26
182	182	The appeal shall be heard and the decision rendered within 120 days of the time that the 27
183	183	record on appeal is filed in the appellate court. Otherwise, the decision of the trial court 28
184	184	shall be final. 29
185	185
186	186	[(iv)] (V) Except in a homicide case, if the State appeals on the basis 30
187	187	of this paragraph, and if on final appeal the decision of the trial court is affirmed, the 31
188	188	charges against the defendant shall be dismissed in the case from which the appeal was 32 SENATE BILL 339 5
189	189
190	190
191	191	taken. In that case, the State may not prosecute the defendant on those specific charges or 1
192	192	on any other related charges arising out of the same incident. 2
193	193
194	194	[(v)] (VI) 1. Except as provided in subsubparagraph 2 of this 3
195	195	subparagraph, pending the prosecution and determination of an appeal taken under this 4
196	196	paragraph or paragraph (2) of this subsection, the defendant shall be released on personal 5
197	197	recognizance bail. If the defendant fails to appear as required by the terms of the 6
198	198	recognizance bail, the trial court shall subject the defendant to the penalties provided in § 7
199	199	5–211 of the Criminal Procedure Article. 8
200	200
201	201	2. A. Pending the prosecution and determination of an 9
202	202	appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which 10
203	203	the defendant is charged with a crime of violence, as defined in § 14–101 of the Criminal 11
204	204	Law Article, OR A FIREARM–RELATED CRIME LISTED IN SUBPARAGRAPH (I)3 OR 4 OF 12
205	205	THIS PARAGRAPH , the court may release the defendant on any terms and conditions that 13
206	206	the court considers appropriate or may order the defendant remanded to custody pending 14
207	207	the outcome of the appeal. 15
208	208
209	209	B. The determination and enforcement of any terms and 16
210	210	conditions of release shall be in accordance with the provisions of Title 5 of the Criminal 17
211	211	Procedure Article. 18
212	212
213	213	[(vi)] (VII) If the State loses the appeal, the jurisdiction shall pay all 19
214	214	the costs related to the appeal, including reasonable attorney’s fees incurred by the 20
215	215	defendant as a result of the appeal. 21
216	216
217	217	Article – Criminal Law 22
218	218
219	219	4–204. 23
220	220
221	221	(a) (1) [In this section, “firearm”] IN THIS SECTION THE F OLLOWING 24
222	222	WORDS HAVE THE MEANI NGS INDICATED . 25
223	223
224	224	(2) (I) “FIREARM” means: 26
225	225
226	226	[(i)] 1. a weapon that expels, is designed to expel, or may readily 27
227	227	be converted to expel a projectile by the action of an explosive; or 28
228	228
229	229	[(ii)] 2. the frame or receiver of such a weapon. 29
230	230
231	231	[(2)] (II) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 30
232	232	short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 31
233	233	loaded or unloaded. 32
234	234
235	235	(3) “USE A FIREARM” DOES NOT INCLUDE THE MERE POSSESSION OF 33
236	236	A FIREARM. 34 6 SENATE BILL 339
237	237
238	238
239	239
240	240	(b) A person may not use a firearm in the commission of a crime of violence, as 1
241	241	defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 2
242	242	operable or inoperable at the time of the crime. 3
243	243
244	244	(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 4
245	245	FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 5
246	246	shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years. 6
247	247
248	248	(ii) The court may not impose less than the minimum sentence of 5 7
249	249	years and, except as otherwise provided in § 4–305 of the Correctional Services Article, the 8
250	250	person is not eligible for parole in less than 5 years. 9
251	251
252	252	(2) For each subsequent violation, the sentence shall be consecutive to and 10
253	253	not concurrent with any other sentence imposed for the crime of violence or felony. 11
254	254
255	255	4–306. 12
256	256
257	257	(b) (1) IN THIS SUBSECTION , “USES” DOES NOT INCLUDE MER E 13
258	258	POSSESSION. 14
259	259
260	260	(2) A person who uses an assault weapon, a rapid fire trigger activator, or 15
261	261	a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 16
262	262	of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 17
263	263	of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 18
264	264	for the felony or crime of violence, shall be sentenced under this subsection. 19
265	265
266	266	[(2)] (3) (i) For a first violation, the person shall be sentenced to 20
267	267	imprisonment for not less than 5 years and not exceeding 20 years. 21
268	268
269	269	(ii) The court may not impose less than the minimum sentence of 5 22
270	270	years. 23
271	271
272	272	(iii) The mandatory minimum sentence of 5 years may not be 24
273	273	suspended. 25
274	274
275	275	(iv) Except as otherwise provided in § 4–305 of the Correctional 26
276	276	Services Article, the person is not eligible for parole in less than 5 years. 27
277	277
278	278	[(3)] (4) (i) For each subsequent violation, the person shall be 28
279	279	sentenced to imprisonment for not less than 10 years and not exceeding 20 years. 29
280	280
281	281	(ii) The court may not impose less than the minimum sentence of 10 30
282	282	years. 31
283	283	SENATE BILL 339 7
284	284
285	285
286	286	(iii) A sentence imposed under this paragraph shall be consecutive to 1
287	287	and not concurrent with any other sentence imposed for the felony or crime of violence. 2
288	288
289	289	4–404. 3
290	290
291	291	(a) A person may not use or possess a machine gun in the commission or 4
292	292	attempted commission of a FELONY OR crime of violence. 5
293	293
294	294	(b) A person who violates this section is guilty of a felony and on conviction is 6
295	295	subject to imprisonment not exceeding 20 years. 7
296	296
297	297	14–101. 8
298	298
299	299	(a) In this section, “crime of violence” means: 9
300	300
301	301	(1) abduction; 10
302	302
303	303	(2) arson in the first degree; 11
304	304
305	305	(3) kidnapping; 12
306	306
307	307	(4) manslaughter, except involuntary manslaughter; 13
308	308
309	309	(5) mayhem; 14
310	310
311	311	(6) maiming, as previously proscribed under former Article 27, §§ 385 and 15
312	312	386 of the Code; 16
313	313
314	314	(7) murder; 17
315	315
316	316	(8) rape; 18
317	317
318	318	(9) robbery under § 3–402 or § 3–403 of this article; 19
319	319
320	320	(10) carjacking; 20
321	321
322	322	(11) armed carjacking; 21
323	323
324	324	(12) sexual offense in the first degree; 22
325	325
326	326	(13) sexual offense in the second degree; 23
327	327
328	328	(14) use of a firearm in the commission of a felony [except possession with 24
329	329	intent to distribute a controlled dangerous substance under § 5–602(2) of this article,] or 25
330	330	other crime of violence; 26
331	331
332	332	(15) child abuse in the first degree under § 3–601 of this article; 27 8 SENATE BILL 339
333	333
334	334
335	335
336	336	(16) sexual abuse of a minor under § 3–602 of this article if: 1
337	337
338	338	(i) the victim is under the age of 13 years and the offender is an 2
339	339	adult at the time of the offense; and 3
340	340
341	341	(ii) the offense involved: 4
342	342
343	343	1. vaginal intercourse, as defined in § 3–301 of this article; 5
344	344
345	345	2. a sexual act, as defined in § 3–301 of this article; 6
346	346
347	347	3. an act in which a part of the offender’s body penetrates, 7
348	348	however slightly, into the victim’s genital opening or anus; or 8
349	349
350	350	4. the intentional touching of the victim’s or the offender’s 9
351	351	genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 10
352	352
353	353	(17) home invasion under § 6–202(b) of this article; 11
354	354
355	355	(18) a felony offense under Title 3, Subtitle 11 of this article; 12
356	356
357	357	(19) an attempt to commit any of the crimes described in items (1) through 13
358	358	(18) of this subsection; 14
359	359
360	360	(20) continuing course of conduct with a child under § 3–315 of this article; 15
361	361
362	362	(21) assault in the first degree; 16
363	363
364	364	(22) assault with intent to murder; 17
365	365
366	366	(23) assault with intent to rape; 18
367	367
368	368	(24) assault with intent to rob; 19
369	369
370	370	(25) assault with intent to commit a sexual offense in the first degree; and 20
371	371
372	372	(26) assault with intent to commit a sexual offense in the second degree. 21
373	373
374	374	Article – Public Safety 22
375	375
376	376	5–133. 23
377	377
378	378	(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 24
379	379	regulated firearm if the person: 25
380	380
381	381	[(1)] (I) has been convicted of a disqualifying crime; 26 SENATE BILL 339 9
382	382
383	383
384	384
385	385	[(2)] (II) has been convicted of a violation classified as a common law 1
386	386	crime and received a term of imprisonment of more than 2 years; 2
387	387
388	388	[(3)] (III) is a fugitive from justice; 3
389	389
390	390	[(4)] (IV) is a habitual drunkard; 4
391	391
392	392	[(5)] (V) is addicted to a controlled dangerous substance or is a habitual 5
393	393	user; 6
394	394
395	395	[(6)] (VI) suffers from a mental disorder as defined in § 10–101(i)(2) of the 7
396	396	Health – General Article and has a history of violent behavior against the person or 8
397	397	another; 9
398	398
399	399	[(7)] (VII) has been found incompetent to stand trial under § 3–106 of the 10
400	400	Criminal Procedure Article; 11
401	401
402	402	[(8)] (VIII) has been found not criminally responsible under § 3–110 of the 12
403	403	Criminal Procedure Article; 13
404	404
405	405	[(9)] (IX) has been voluntarily admitted for more than 30 consecutive days 14
406	406	to a facility as defined in § 10–101 of the Health – General Article; 15
407	407
408	408	[(10)] (X) has been involuntarily committed to a facility as defined in § 16
409	409	10–101 of the Health – General Article; 17
410	410
411	411	[(11)] (XI) is under the protection of a guardian appointed by a court under 18
412	412	§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 19
413	413	appointment of a guardian is solely a result of a physical disability; 20
414	414
415	415	[(12)] (XII) except as provided in subsection (e) of this section, is a 21
416	416	respondent against whom: 22
417	417
418	418	[(i)] 1. a current non ex parte civil protective order has been 23
419	419	entered under § 4–506 of the Family Law Article; or 24
420	420
421	421	[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 25
422	422	Family Law Article, has been issued by a court of another state or a Native American tribe 26
423	423	and is in effect; or 27
424	424
425	425	[(13)] (XIII) if under the age of 30 years at the time of possession, has been 28
426	426	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 29
427	427	committed by an adult. 30
428	428	10 SENATE BILL 339
429	429
430	430
431	431	(2) (I) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 1
432	432	MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO: 2
433	433
434	434	1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 3
435	435	SUBPARAGRAPH , IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT 4
436	436	EXCEEDING $10,000 OR BOTH; AND 5
437	437
438	438	2. SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 6
439	439	FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT NOT EXC EEDING 10 7
440	440	YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 8
441	441
442	442	(II) EACH VIOLATION OF THIS SUBSECTION I S A SEPARATE 9
443	443	CRIME. 10
444	444
445	445	(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 11
446	446	PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 12
447	447	8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 13
448	448	SENTENCE. 14
449	449
450	450	(3) THE COURT MAY NOT IMPOSE T HE PENALTIES UNDER 15
451	451	PARAGRAPH (2)(I)2 OF THIS SUBSECTION U NLESS THE STATE’S ATTORNEY SERVES 16
452	452	NOTICE ON THE DEFEND ANT OR THE DEFENDANT ’S COUNSEL BEFORE THE 17
453	453	ACCEPTANCE OF A PLEA OF GUILTY OR NOLO CO NTENDERE OR AT LEAST 15 DAYS 18
454	454	BEFORE TRIAL THAT: 19
455	455
456	456	(I) THE STATE WILL SEEK THE P ENALTIES UNDER PARAG RAPH 20
457	457	(2)(I)2 OF THIS SUBSECTION ; AND 21
458	458
459	459	(II) LISTS THE ALLEGED PR IOR CONVICTIONS . 22
460	460
461	461	5–134. 23
462	462
463	463	(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 24
464	464	firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 25
465	465	or has reasonable cause to believe: 26
466	466
467	467	(1) is under the age of 21 years, unless the regulated firearm is loaned to a 27
468	468	borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 28
469	469
470	470	(2) has been convicted of a disqualifying crime; 29
471	471
472	472	(3) has been convicted of a conspiracy to commit a felony; 30
473	473
474	474	(4) has been convicted of a violation classified as a common law crime and 31
475	475	received a term of imprisonment of more than 2 years; 32 SENATE BILL 339 11
476	476
477	477
478	478
479	479	(5) is a fugitive from justice; 1
480	480
481	481	(6) is a habitual drunkard; 2
482	482
483	483	(7) is addicted to a controlled dangerous substance or is a habitual user; 3
484	484
485	485	(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 4
486	486	– General Article, and has a history of violent behavior against the purchaser, lessee, 5
487	487	borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 6
488	488	possesses a physician’s certificate that the recipient is capable of possessing a regulated 7
489	489	firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 8
490	490	another; 9
491	491
492	492	(9) has been confined for more than 30 consecutive days to a facility as 10
493	493	defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 11
494	494	or transferee possesses a physician’s certificate that the recipient is capable of possessing 12
495	495	a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 13
496	496	or to another; 14
497	497
498	498	(10) is a respondent against whom a current non ex parte civil protective 15
499	499	order has been entered under § 4–506 of the Family Law Article; 16
500	500
501	501	(11) if under the age of 30 years at the time of the transaction, has been 17
502	502	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 18
503	503	committed by an adult; 19
504	504
505	505	(12) is visibly under the influence of alcohol or drugs; 20
506	506
507	507	(13) is a participant in a straw purchase; 21
508	508
509	509	(14) subject to subsection (c) of this section for a transaction under this 22
510	510	subsection that is made on or after January 1, 2002, has not completed a certified firearms 23
511	511	safety training course conducted free of charge by the Police Training and Standards 24
512	512	Commission or that meets standards established by the Police Training and Standards 25
513	513	Commission under § 3–207 of this article; or 26
514	514
515	515	(15) intends to use the regulated firearm to: 27
516	516
517	517	(i) commit a crime; or 28
518	518
519	519	(ii) cause harm to the purchaser, lessee, transferee, or recipient or 29
520	520	another person. 30
521	521
522	522	(C) (1) A DEALER OR OTHER PERS ON MAY NOT SELL , RENT, LOAN, OR 31
523	523	TRANSFER A REGULATED FIREARM TO A PURCHASER , LESSEE, BORROWER , OR 32
524	524	TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 33 12 SENATE BILL 339
525	525
526	526
527	527	THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE INTEND S TO USE THE 1
528	528	REGULATED FIREARM TO : 2
529	529
530	530	(I) COMMIT A CRIME ; OR 3
531	531
532	532	(II) CAUSE HARM TO THE PURCHASER , LESSEE, TRANSFEREE , 4
533	533	OR RECIPIENT OR ANOT HER PERSON. 5
534	534
535	535	(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 6
536	536	FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 10 7
537	537	YEARS. 8
538	538
539	539	(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME. 9
540	540
541	541	(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 10
542	542	PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 11
543	543	8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 12
544	544	SENTENCE. 13
545	545
546	546	(5) A DEFENDANT CHARGED WI TH VIOLATING THIS SUBSECTION 14
547	547	SHALL ALSO BE CHARGE D WITH VIOLATING SUB SECTION (B) OF THIS SECTION. 15
548	548
549	549	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 16
550	550	measure, is necessary for the immediate preservation of the public health or safety, has 17
551	551	been passed by a yea and nay vote supported by three–fifths of all the members elected to 18
552	552	each of the two Houses of the General Assembly, and shall take effect from the date it is 19
553	553	enacted. 20
554	554
555	555