Maryland 2023 Regular Session

Maryland House Bill HB364 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	hb0364
6	6
7	7	HOUSE BILL 364
8	8	E4 3lr1443
9	9	HB 1206/22 – JUD
10	10	By: Delegate Grammer
11	11	Introduced and read first time: January 26, 2023
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Safety – Handgun Permit Requirement – Repeal 2
19	19	(Maryland’s Constitutional Carry Act of 2023) 3
20	20
21	21	FOR the purpose of repealing the requirement that a person have a certain permit before 4
22	22	the person carries, wears, or transports a handgun; repealing certain criminal 5
23	23	prohibitions against a person who is at least a certain age wearing, carrying, or 6
24	24	transporting a handgun; and generally relating to wearing, carrying, or transporting 7
25	25	a handgun. 8
26	26
27	27	BY repealing 9
28	28	Article – Public Safety 10
29	29	Section 5–301 through 5–314 and the subtitle “Subtitle 3. Handgun Permits” 11
30	30	Annotated Code of Maryland 12
31	31	(2022 Replacement Volume) 13
32	32
33	33	BY repealing and reenacting, with amendments, 14
34	34	Article – Criminal Law 15
35	35	Section 4–101(b) and 4–203(a) and (b) 16
36	36	Annotated Code of Maryland 17
37	37	(2021 Replacement Volume and 2022 Supplement) 18
38	38
39	39	BY adding to 19
40	40	Article – Criminal Law 20
41	41	Section 4–207 21
42	42	Annotated Code of Maryland 22
43	43	(2021 Replacement Volume and 2022 Supplement) 23
44	44
45	45	BY repealing and reenacting, with amendments, 24
46	46	Article – Natural Resources 25
47	47	Section 10–410(c) 26
48	48	Annotated Code of Maryland 27 2 HOUSE BILL 364
49	49
50	50
51	51	(2012 Replacement Volume and 2022 Supplement) 1
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54	54	That Section(s) 5–301 through 5–314 and the subtitle “Subtitle 3. Handgun Permits” of 3
55	55	Article – Public Safety of the Annotated Code of Maryland be repealed. 4
56	56
57	57	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
58	58	as follows: 6
59	59
60	60	Article – Criminal Law 7
61	61
62	62	4–101. 8
63	63
64	64	(b) This section does not prohibit the following individuals from carrying a 9
65	65	weapon: 10
66	66
67	67	(1) an officer of the State, or of any county or municipal corporation of the 11
68	68	State, who is entitled or required to carry the weapon as part of the officer’s official 12
69	69	equipment, or by any conservator of the peace, who is entitled or required to carry the 13
70	70	weapon as part of the conservator’s official equipment, or by any officer or conservator of 14
71	71	the peace of another state who is temporarily in this State; 15
72	72
73	73	(2) a special agent of a railroad; OR 16
74	74
75	75	(3) [a holder of a permit to carry a handgun issued under Title 5, Subtitle 17
76	76	3 of the Public Safety Article; or 18
77	77
78	78	(4)] an individual who carries the weapon as a reasonable precaution 19
79	79	against apprehended danger, subject to the right of the court in an action arising under 20
80	80	this section to judge the reasonableness of the carrying of the weapon, and the proper 21
81	81	occasion for carrying it, under the evidence in the case. 22
82	82
83	83	4–203. 23
84	84
85	85	(a) (1) Except as provided in subsection (b) of this section[, a person may not]: 24
86	86
87	87	(i) A PERSON UNDER THE A GE OF 21 YEARS MAY NOT wear, 25
88	88	carry, or transport a handgun, whether concealed or open, on or about the person; 26
89	89
90	90	(ii) A PERSON UNDER THE A GE OF 21 YEARS MAY NOT wear, 27
91	91	carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling 28
92	92	on a road or parking lot generally used by the public, highway, waterway, or airway of the 29
93	93	State; 30
94	94	HOUSE BILL 364 3
95	95
96	96
97	97	(iii) [violate item (i) or (ii) of this paragraph] A PERSON MAY NOT 1
98	98	WEAR, CARRY, OR TRANSPORT A HANDG UN, WHETHER CONCEALED OR OPEN, ON OR 2
99	99	ABOUT THE PERSON while on public school property in the State; 3
100	100
101	101	(iv) [violate item (i) or (ii) of this paragraph] A PERSON MAY NOT 4
102	102	WEAR, CARRY, OR TRANSPORT A HANDG UN, WHETHER CONCEALED OR OPEN, ON OR 5
103	103	ABOUT THE PERSON with the deliberate purpose of injuring or killing another person; [or] 6
104	104	AND 7
105	105
106	106	(v) [violate item (i) or (ii) of this paragraph] A PERSON UNDER THE 8
107	107	AGE OF 21 YEARS MAY NOT WEAR , CARRY, OR TRANSPORT A HANDG UN, WHETHER 9
108	108	CONCEALED OR OPEN , ON OR ABOUT THE PER SON, with [a] THE handgun loaded with 10
109	109	ammunition. 11
110	110
111	111	(2) There is a rebuttable presumption that a person who transports a 12
112	112	handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly. 13
113	113
114	114	(b) This section does not prohibit: 14
115	115
116	116	(1) the wearing, carrying, or transporting of a handgun by a person who is 15
117	117	authorized at the time and under the circumstances to wear, carry, or transport the 16
118	118	handgun as part of the person’s official equipment, and is: 17
119	119
120	120	(i) a law enforcement official of the United States, the State, or a 18
121	121	county or city of the State; 19
122	122
123	123	(ii) a member of the armed forces of the United States or of the 20
124	124	National Guard on duty or traveling to or from duty; 21
125	125
126	126	(iii) a law enforcement official of another state or subdivision of 22
127	127	another state temporarily in this State on official business; 23
128	128
129	129	(iv) a correctional officer or warden of a correctional facility in the 24
130	130	State; 25
131	131
132	132	(v) a sheriff or full–time assistant or deputy sheriff of the State; or 26
133	133
134	134	(vi) a temporary or part–time sheriff’s deputy; 27
135	135
136	136	[(2) the wearing, carrying, or transporting of a handgun, in compliance with 28
137	137	any limitations imposed under § 5–307 of the Public Safety Article, by a person to whom a 29
138	138	permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 30
139	139	of the Public Safety Article; 31
140	140
141	141	(3) the carrying of a handgun on the person or in a vehicle while the person 32
142	142	is transporting the handgun to or from the place of legal purchase or sale, or to or from a 33 4 HOUSE BILL 364
143	143
144	144
145	145	bona fide repair shop, or between bona fide residences of the person, or between the bona 1
146	146	fide residence and place of business of the person, if the business is operated and owned 2
147	147	substantially by the person if each handgun is unloaded and carried in an enclosed case or 3
148	148	an enclosed holster;] 4
149	149
150	150	[(4)] (2) the wearing, carrying, or transporting by a person of a handgun 5
151	151	used in connection with an organized military activity, a target shoot, formal or informal 6
152	152	target practice, sport shooting event, hunting, a Department of Natural 7
153	153	Resources–sponsored firearms and hunter safety class, trapping, or a dog obedience 8
154	154	training class or show, while the person is engaged in, on the way to, or returning from that 9
155	155	activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 10
156	156	OR 11
157	157
158	158	[(5) the moving by a bona fide gun collector of part or all of the collector’s 12
159	159	gun collection from place to place for public or private exhibition if each handgun is 13
160	160	unloaded and carried in an enclosed case or an enclosed holster; 14
161	161
162	162	(6) the wearing, carrying, or transporting of a handgun by a person on real 15
163	163	estate that the person owns or leases or where the person resides or within the confines of 16
164	164	a business establishment that the person owns or leases; 17
165	165
166	166	(7) the wearing, carrying, or transporting of a handgun by a supervisory 18
167	167	employee: 19
168	168
169	169	(i) in the course of employment; 20
170	170
171	171	(ii) within the confines of the business establishment in which the 21
172	172	supervisory employee is employed; and 22
173	173
174	174	(iii) when so authorized by the owner or manager of the business 23
175	175	establishment;] 24
176	176
177	177	[(8)] (3) the carrying or transporting of a signal pistol or other visual 25
178	178	distress signal approved by the United States Coast Guard in a vessel on the waterways of 26
179	179	the State or, if the signal pistol or other visual distress signal is unloaded and carried in an 27
180	180	enclosed case, in a vehicle[; or 28
181	181
182	182	(9) the wearing, carrying, or transporting of a handgun by a person who is 29
183	183	carrying a court order requiring the surrender of the handgun, if: 30
184	184
185	185	(i) the handgun is unloaded; 31
186	186
187	187	(ii) the person has notified the law enforcement unit, barracks, or 32
188	188	station that the handgun is being transported in accordance with the court order; and 33
189	189	HOUSE BILL 364 5
190	190
191	191
192	192	(iii) the person transports the handgun directly to the law 1
193	193	enforcement unit, barracks, or station]. 2
194	194
195	195	4–207. 3
196	196
197	197	(A) A PERSON MAY NOT WEAR , CARRY, OR TRANSPORT A HANDG UN WHILE 4
198	198	THE PERSON IS UNDER THE INFLUENCE OF ALC OHOL OR DRUGS . 5
199	199
200	200	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 6
201	201	AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 7
202	202	FINE NOT EXCEEDING $1,000 OR BOTH. 8
203	203
204	204	Article – Natural Resources 9
205	205
206	206	10–410. 10
207	207
208	208	(c) (1) A person may not shoot at any species of wildlife from an automobile or 11
209	209	other vehicle or, except as provided in § 4–203(b) of the Criminal Law Article [and Title 5, 12
210	210	Subtitle 3 of the Public Safety Article], possess in or on an automobile or other vehicle a 13
211	211	loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or 14
212	212	chamber. 15
213	213
214	214	(2) If this subsection is violated by an occupant of a vehicle which has 2 or 16
215	215	more occupants and it cannot be determined which occupant is the violator, the owner of 17
216	216	the vehicle, if present, shall be presumed to be responsible for the violation. In the absence 18
217	217	of the owner of the vehicle, the operator of the vehicle shall be presumed to be responsible 19
218	218	for the violation. 20
219	219
220	220	(3) Provisions of this subsection do not apply to a disabled person who 21
221	221	obtains a special permit under § 10–307 of this title. 22
222	222
223	223	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
224	224	October 1, 2023. 24
225	225