EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0952*
HOUSE BILL 952
E2 EMERGENCY BILL 3lr1436
HB 423/22 – JUD
By: Delegates Mangione, Arentz, Baker, Buckel, Chisholm, Ghrist, Griffith,
Hornberger, McComas, M. Morgan, T. Morgan, Nawrocki, Otto, Schmidt,
and Szeliga
Introduced and read first time: February 10, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Crimes – Firearms – Penalties and Procedures 2
(Violent Firearms Offender Act of 2023) 3
FOR the purpose of establishing, altering, and clarifying penalties for and elements of 4
certain firearm–related crimes; prohibiting a District Court commissioner from 5
authorizing the pretrial release of a certain defendant charged with a certain 6
firearm–related crime under certain circumstances; prohibiting a dealer or other 7
person from selling, renting, loaning, or transferring a regulated firearm to a 8
purchaser, lessee, borrower, or transferee if the dealer or other person has actual 9
knowledge that the purchaser, lessee, borrower, or transferee was previously 10
convicted of a certain crime or intends to use the regulated firearm for a certain 11
purpose; altering a certain definition of “technical violation” applicable to parole and 12
probation provisions; and generally relating to firearms. 13
BY renumbering 14
Article – Criminal Law 15
Section 7–104(h) through (j) 16
to be Section 7–104(i) through (k), respectively 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2022 Supplement) 19
BY renumbering 20
Article – Public Safety 21
Section 5–134(c) and (d) 22
to be Section 5–134(d) and (e), respectively 23
Annotated Code of Maryland 24
(2022 Replacement Volume) 25
BY repealing and reenacting, without amendments, 26 2 HOUSE BILL 952
Article – Correctional Services 1
Section 6–101(a) 2
Annotated Code of Maryland 3
(2017 Replacement Volume and 2022 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Correctional Services 6
Section 6–101(m) 7
Annotated Code of Maryland 8
(2017 Replacement Volume and 2022 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Law 11
Section 4–204, 4–306(b), 4–404, and 7–104(g) 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2022 Supplement) 14
BY adding to 15
Article – Criminal Law 16
Section 7–104(h) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2022 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Law 21
Section 7–104(j) 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2022 Supplement) 24
(As enacted by Section 1 of this Act) 25
BY repealing and reenacting, without amendments, 26
Article – Criminal Procedure 27
Section 5–202(c)(1) and (d)(1) 28
Annotated Code of Maryland 29
(2018 Replacement Volume and 2022 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – Criminal Procedure 32
Section 5–202(f) 33
Annotated Code of Maryland 34
(2018 Replacement Volume and 2022 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – Public Safety 37
Section 5–133(b) and (c), 5–134(b), 5–138, 5–141, 5–142, and 5–144 38
Annotated Code of Maryland 39
(2022 Replacement Volume) 40 HOUSE BILL 952 3
BY adding to 1
Article – Public Safety 2
Section 5–134(c) 3
Annotated Code of Maryland 4
(2022 Replacement Volume) 5
SECTION 1. BE IT ENACT ED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That Section(s) 7–104(h) through (j) of Article – Criminal Law of the Annotated Code of 7
Maryland be renumbered to be Section(s) 7–104(i) through (k), respectively. 8
SECTION 2. AND BE IT FURTHER ENACTED, That Sectio n(s) 5–134(c) and (d) of 9
Article – Public Safety of the Annotated Code of Maryland be renumbered to be Section(s) 10
5–134(d) and (e), respectively. 11
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12
as follows: 13
Article – Correctional Services 14
6–101. 15
(a) In this subtitle the following words have the meanings indicated. 16
(m) “Technical violation” means a violation of a condition of probation, parole, or 17
mandatory supervision that does not involve: 18
(1) an arrest or a summons issued by a commissioner on a statement of 19
charges filed by a law enforcement officer; 20
(2) a violation of a criminal prohibition other than a minor traffic offense; 21
(3) a violation of a no–contact or stay–away order; [or] 22
(4) absconding; OR 23
(5) USE OR POSSESSION OF A FIRE ARM. 24
Article – Criminal Law 25
4–204. 26
(a) (1) In this section, “firearm” means: 27
(i) a weapon that expels, is designed to expel, or may readily be 28
converted to expel a projectile by the action of an explosive; or 29
4 HOUSE BILL 952
(ii) the frame or receiver of such a weapon. 1
(2) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 2
short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 3
loaded or unloaded. 4
(b) A person may not use a firearm in the commission of a crime of violence, as 5
defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 6
operable or inoperable at the time of the crime. 7
(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 8
FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 9
shall be sentenced: 10
1. FOR A FIRST OFFENSE , to imprisonment for not less than 11
5 years and not exceeding 20 years; AND 12
2. FOR A SECOND OR SUBS EQUENT OFFENSE , TO 13
IMPRISONMENT FOR NOT LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS. 14
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE: 15
1. THE court may not impose less than the MANDATORY 16
minimum sentence of 5 years [and, except] FOR A SENTENCE IMPOS ED UNDER 17
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH ; AND 18
2. THE COURT MAY NOT IM POSE LESS THAN THE 19
MANDATORY MINIMUM SE NTENCE OF 10 YEARS FOR A SENTENCE IMPOSED UNDER 20
SUBPARAGRAPH (I)2 OF THIS PARAGRAPH . 21
(III) THE MANDATOR Y MINIMUM SENTENCE R EQUIRED UNDER 22
SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y NOT BE SUSPENDED . 23
(IV) EXCEPT as otherwise provided in § 4–305 of the Correctional 24
Services Article, the person is not eligible for parole in less than [5 years] THE 25
MANDATORY MIN IMUM SENTENCE . 26
(2) [For each subsequent violation, the] THE sentence shall be consecutive 27
to and not concurrent with any other sentence imposed for the crime of violence or felony. 28
4–306. 29
(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, or 30
a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 31
of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 32 HOUSE BILL 952 5
of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 1
for the felony or crime of violence, shall be sentenced under this subsection. 2
(2) (i) For a first violation, the person shall be sentenced to 3
imprisonment for not less than 5 years and not exceeding 20 years. 4
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE , THE 5
court may not impose less than the minimum sentence of 5 years. 6
(iii) The mandatory minimum sentence of 5 years may not be 7
suspended. 8
(iv) Except as otherwise provided in § 4–305 of the Correctional 9
Services Article, the person is not eligible for parole in less than 5 years. 10
(3) (i) For each subsequent violation, the person shall be sentenced to 11
imprisonment for not less than 10 years and not exceeding 20 years. 12
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE , THE 13
court may not impose less than the minimum sentence of 10 years. 14
(III) THE MANDATORY MINIMUM SENTENCE OF 10 YEARS MAY 15
NOT BE SUSPENDED . 16
(IV) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 17
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE IN 18
LESS THAN 10 YEARS. 19
[(iii)] (4) A sentence imposed under this [paragraph] SUBSECTION 20
shall be consecutive to and not concurrent with any other sentence imposed for the felony 21
or crime of violence. 22
4–404. 23
(a) A person may not use or possess a machine gun in the commission or 24
attempted commission of a FELONY OR crime of violence. 25
(b) (1) A person who violates this section is guilty of a felony and on conviction, 26
IN ADDITION TO ANY O THER PENAL TY IMPOSED FOR THE C RIME OF VIOLENCE OR 27
FELONY, is subject to [imprisonment not exceeding 20 years]: 28
(I) FOR A FIRST OFFENSE , IMPRISONMENT FOR NOT LESS THAN 29
5 YEARS AND NOT EXCEED ING 20 YEARS; AND 30
(II) FOR A SECOND OR SUBS EQUENT OFFENSE , IMPRISONMENT 31 6 HOUSE BILL 952
FOR NOT LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS. 1
(2) (I) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT 2
MAY NOT IMPOSE LESS THAN THE MANDATORY M INIMUM SENTENCE OF 5 YEARS FOR 3
A SENTENCE IMPOSED U NDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 4
(II) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT 5
MAY NOT IMPOSE LESS THAN THE MANDATORY MINIMUM SE NTENCE OF 10 YEARS 6
FOR A SENTENCE IMPOS ED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION . 7
(3) A MANDATORY MINIMUM SE NTENCE UNDER PARAGRA PH (1) OF 8
THIS SUBSECTION MAY NOT BE SUSPENDED . 9
(4) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 10
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE IN 11
LESS THAN THE MANDAT ORY MINIMUM SENTENCE . 12
(5) THE SENTENCE SHALL BE CONSECUTIVE TO AND N OT 13
CONCURRENT WITH ANY OTHER SENTENCE IMPOS ED FOR THE CRIME OF VIOLENCE 14
OR FELONY. 15
7–104. 16
(g) (1) THIS SUBSECTION DOES NOT APPLY TO THEFT O F A FIREARM. 17
(2) A person convicted of theft of property or services with a value of: 18
(i) at least $1,500 but less than $25,000 is guilty of a felony and: 19
1. is subject to imprisonment not exceeding 5 years or a fine 20
not exceeding $10,000 or both; and 21
2. shall restore the property taken to the owner or pay the 22
owner the value of the property or services; 23
(ii) at least $25,000 but less than $100,000 is guilty of a felony and: 24
1. is subject to imprisonment not exceeding 10 years or a fine 25
not exceeding $15,000 or both; and 26
2. shall restore the property taken to the owner or pay the 27
owner the value of the property or services; or 28
(iii) $100,000 or more is guilty of a felony and: 29
HOUSE BILL 952 7
1. is subject to imprisonment not exceeding 20 years or a fine 1
not exceeding $25,000 or both; and 2
2. shall restore the property taken to the owner or pay the 3
owner the value of the property or services. 4
[(2)] (3) Except as provided in paragraph [(3)] (4) of this subsection, a 5
person convicted of theft of property or services with a value of at least $100 but less than 6
$1,500, is guilty of a misdemeanor and: 7
(i) is subject to: 8
1. for a first conviction, imprisonment not exceeding 6 9
months or a fine not exceeding $500 or both; and 10
2. for a second or subsequent conviction, imprisonment not 11
exceeding 1 year or a fine not exceeding $500 or both; and 12
(ii) shall restore the property taken to the owner or pay the owner 13
the value of the property or services. 14
[(3)] (4) A person convicted of theft of property or services with a value of 15
less than $100 is guilty of a misdemeanor and: 16
(i) is subject to imprisonment not exceeding 90 days or a fine not 17
exceeding $500 or both; and 18
(ii) shall restore the property taken to the owner or pay the owner 19
the value of the property or services. 20
[(4)] (5) Subject to paragraph [(5)] (6) of this subsection, a person who 21
has four or more prior convictions under this subtitle and who is convicted of theft of 22
property or services with a value of less than $1,500 under paragraph [(2)] (3) of this 23
subsection is guilty of a misdemeanor and: 24
(i) is subject to imprisonment not exceeding 5 years or a fine not 25
exceeding $5,000 or both; and 26
(ii) shall restore the property taken to the owner or pay the owner 27
the value of the property or services. 28
[(5)] (6) The court may not impose the penalties under paragraph [(4)] 29
(5) of this subsection unless the State’s Attorney serves notice on the defendant or the 30
defendant’s counsel before the acceptance of a plea of guilty or nolo contendere or at least 31
15 days before trial that: 32
8 HOUSE BILL 952
(i) the State will seek the penalties under paragraph [(4)] (5) of this 1
subsection; and 2
(ii) lists the alleged prior convictions. 3
(H) (1) A PERSON CONVICTED OF THEFT OF A FIREARM , INCLUDING AN 4
ANTIQUE FIREARM OR A REPLICA OF AN ANTIQU E FIREARM, IS GUILTY OF A FELON Y 5
AND: 6
(I) 1. FOR A FIRST CONVICTION, IS SUBJECT TO 7
IMPRISONMENT FOR NOT LESS THAN 2 YEARS AND NOT EXCEED ING 10 YEARS AND A 8
FINE NOT EXCEEDING $2,500; AND 9
2. FOR A SECOND OR SUBS EQUENT CONVICTION , IS 10
SUBJECT TO IMPRISONM ENT FOR NOT LESS THA N 5 YEARS AND NOT EXCEED ING 15 11
YEARS AND A FINE NOT EXC EEDING $10,000; AND 12
(II) SHALL RESTORE THE FI REARM TO THE OWNER O R PAY THE 13
OWNER THE VALUE OF T HE FIREARM. 14
(2) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT MAY 15
NOT IMPOSE LESS THAN THE MANDATORY MINIMU M SENTENCE OF : 16
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 17
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 18
(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 19
MINIMUM SENTENCE OF : 20
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 21
(II) FOR A SECOND OR SUB SEQUENT CONVICTION , 5 YEARS. 22
(4) A SENTENCE IMPOSED UND ER PARAGRAPH (1) OF THIS 23
SUBSECTION SHALL BE SEPARATE FROM AND CO NSECUTIVE TO A SENTE NCE FOR 24
ANY OTHER OFFENSE . 25
(j) An action or prosecution for a violation of subsection [(g)(2) or (3)] (G)(3) OR 26
(4) of this section shall be commenced within 2 years after the commission of the crime. 27
Article – Criminal Procedure 28
5–202. 29 HOUSE BILL 952 9
(c) (1) A District Court commissioner may not authorize the pretrial release of 1
a defendant charged with a crime of violence if the defendant has been previously convicted: 2
(i) in this State of a crime of violence; 3
(ii) in any other jurisdiction of a crime that would be a crime of 4
violence if committed in this State; or 5
(iii) of an offense listed in subsection (f)(1) of this section. 6
(d) (1) A District Court commissioner may not authorize the pretrial release of 7
a defendant charged with committing one of the following crimes while the defendant was 8
released on bail or personal recognizance for a pending prior charge of committing one of 9
the following crimes: 10
(i) aiding, counseling, or procuring arson in the first degree under § 11
6–102 of the Criminal Law Article; 12
(ii) arson in the second degree or attempting, aiding, counseling, or 13
procuring arson in the second degree under § 6–103 of the Criminal Law Article; 14
(iii) burglary in the first degree under § 6–202 of the Criminal Law 15
Article; 16
(iv) burglary in the second degree under § 6–203 of the Criminal Law 17
Article; 18
(v) burglary in the third degree under § 6–204 of the Criminal Law 19
Article; 20
(vi) causing abuse to a child under § 3–601 or § 3–602 of the Criminal 21
Law Article; 22
(vii) a crime that relates to a destructive device under § 4–503 of the 23
Criminal Law Article; 24
(viii) a crime that relates to a controlled dangerous substance under 25
§§ 5–602 through 5–609 or § 5–612 or § 5–613 of the Criminal Law Article; 26
(ix) manslaughter by vehicle or vessel under § 2–209 of the Criminal 27
Law Article; and 28
(x) a crime of violence. 29
(f) (1) (I) A District Court commissioner may not authorize the pretrial 30
release of a defendant charged with [one of the following crimes] A CRIME LISTED IN 31 10 HOUSE BILL 952
SUBPARAGRAPH (II) OF THIS PARAGRAPH if the defendant: 1
1. has previously been convicted of a crime of violence or [one 2
of the following crimes:] A CRIME LISTED IN SU BPARAGRAPH (II) OF THIS PARAGRAPH ; 3
OR 4
2. IS ON PRETRIAL RELEA SE FOR A CRIME OF VI OLENCE 5
OR A CRIME LISTED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH . 6
(II) THIS SUBSECTION APPLI ES TO THE FOLLOWING CRIMES : 7
[(i)] 1. wearing, carrying, or transporting a handgun under § 8
4–203 of the Criminal Law Article; 9
[(ii)] 2. use of a handgun or an antique firearm in commission of a 10
crime under § 4–204 of the Criminal Law Article; 11
[(iii)] 3. violating prohibitions relating to assault weapons under § 12
4–303 of the Criminal Law Article; 13
[(iv)] 4. use of a machine gun in a crime of violence under § 4–404 14
of the Criminal Law Article; 15
[(v)] 5. use of a machine gun for an aggressive purpose under § 16
4–405 of the Criminal Law Article; 17
[(vi)] 6. use of a weapon as a separate crime under § 5–621 of the 18
Criminal Law Article; 19
7. POSSESSING, USING, OWNING, CARRYING, OR 20
TRANSPORTING A FIREA RM BY A PERSON WITH A PRIOR DRUG CONVICT ION UNDER 21
§ 5–622 OF THE CRIMINAL LAW ARTICLE; 22
[(vii)] 8. possession of a regulated firearm under § 5–133 of the 23
Public Safety Article; 24
9. SALE, RENTAL, OR TRANSFER OF A REG ULATED 25
FIREARM UNDER § 5–134 OF THE PUBLIC SAFETY ARTICLE; 26
10. STRAW PURCHASE OF A REGULATED FIREARM UNDER 27
§ 5–136 OF THE PUBLIC SAFETY ARTICLE; 28
11. SALE, TRANSFER, OR DISPOSAL OF A STO LEN 29
REGULATED FIREARM UN DER § 5–138 OF THE PUBLIC SAFETY ARTICLE; 30
HOUSE BILL 952 11
[(viii)] 12. transporting a regulated firearm for unlawful sale or 1
trafficking under § 5–140 of the Public Safety Article; [or] 2
13. KNOWING PARTICIPATIO N IN A STRAW PURCHAS E OF 3
A REGULATED FIREARM UNDER § 5–141 OF THE PUBLIC SAFETY ARTICLE; 4
14. REMOVAL OR ALTERATIO N OF THE MANUFACTURE R’S 5
IDENTIFICATION MARK OR NUMBER ON A FIREARM UNDER § 5–142 OF THE PUBLIC 6
SAFETY ARTICLE; 7
[(ix)] 15. possession of a rifle or shotgun by a person with a mental 8
disorder under § 5–205 of the Public Safety Article; 9
16. POSSESSION OF A RIFL E OR SHOTGUN BY A PE RSON 10
WITH A PRIOR CONVICT ION UNDER § 5–206 OF THE PUBLIC SAFETY ARTICLE; OR 11
17. A CRIME IN ANY OTHER JURISDICTION THAT WO ULD 12
BE A CRIME UNDER ITE MS 1 THROUGH 16 OF THIS SUBPARAGRAPH IF COMMITTED 13
IN THIS STATE. 14
(2) (i) A judge may authorize the pretrial release of a defendant 15
described in paragraph (1) of this subsection on: 16
1. suitable bail; 17
2. any other conditions that will reasonably ensure that the 18
defendant will not flee or pose a danger to another person or the community; or 19
3. both bail and other conditions described under item 2 of 20
this subparagraph. 21
(ii) When a defendant described in paragraph (1) of this subsection 22
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 23
detention of the defendant if the judge determines that neither suitable bail nor any 24
condition or combination of conditions will reasonably ensure that the defendant will not 25
flee or pose a danger to another person or the community before the trial. 26
(3) There is a rebuttable presumption that a defendant described in 27
paragraph (1) of this subsection will flee and pose a danger to another person or the 28
community. 29
Article – Public Safety 30
5–133. 31
(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 32 12 HOUSE BILL 952
regulated firearm if the person: 1
[(1)] (I) has been convicted of a disqualifying crime; 2
[(2)] (II) has been convicted of a violation classified as a common law 3
crime and received a term of imprisonment of more than 2 years; 4
[(3)] (III) is a fugitive from justice; 5
[(4)] (IV) is a habitual drunkard; 6
[(5)] (V) is addicted to a controlled dangerous substance or is a habitual 7
user; 8
[(6)] (VI) suffers from a mental disorder as defined in § 10–101(i)(2) of the 9
Health – General Article and has a history of violent behavior against the person or 10
another; 11
[(7)] (VII) has been found incompetent to stand trial under § 3–106 of the 12
Criminal Procedure Article; 13
[(8)] (VIII) has been found not criminally responsible under § 3–110 of the 14
Criminal Procedure Article; 15
[(9)] (IX) has been voluntarily admitted for more than 30 consecutive days 16
to a facility as defined in § 10–101 of the Health – General Article; 17
[(10)] (X) has been involuntarily committed to a facility as defined in § 18
10–101 of the Health – General Article; 19
[(11)] (XI) is under the protection of a guardian appointed by a court under 20
§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 21
appointment of a guardian is solely a result of a physical disability; 22
[(12)] (XII) except as provided in subsection (e) of this section, is a 23
respondent against whom: 24
[(i)] 1. a current non ex parte civil protective order has been 25
entered under § 4–506 of the Family Law Article; or 26
[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 27
Family Law Article, has been issued by a court of another state or a Native American tribe 28
and is in effect; or 29
[(13)] (XIII) if under the age of 30 years at the time of possession, has been 30
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 31 HOUSE BILL 952 13
committed by an adult. 1
(2) (I) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 2
A PERSON WHO VIOLATES THIS SU BSECTION IS GUILTY O F A MISDEMEANOR AND ON 3
CONVICTION IS SUBJEC T TO: 4
1. FOR A FIRST OFFENSE , IMPRISONMENT NOT 5
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; AND 6
2. FOR A SECOND OR SUBS EQUENT OFFENSE , 7
IMPRISONMENT N OT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR 8
BOTH. 9
(II) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE 10
CRIME. 11
(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 12
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 13
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 14
SENTENCE. 15
(c) (1) A person may not possess a regulated firearm if the person was 16
previously convicted of: 17
(i) a crime of violence; 18
(ii) a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 19
5–613, § 5–614, § 5–621, [or] § 5–622, § 9–803, § 9–804, OR § 9–805 of the Criminal Law 20
Article; or 21
(iii) an offense under the laws of another state or the United States 22
that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed 23
in this State. 24
(2) (i) Subject to paragraph (3) of this subsection, a person who violates 25
this subsection is guilty of a felony and on conviction is subject to imprisonment for not less 26
than 5 years and not exceeding 15 years. 27
(ii) The court may not suspend any part of the mandatory minimum 28
sentence of 5 years. 29
(iii) Except as otherwise provided in § 4–305 of the Correctional 30
Services Article, the person is not eligible for parole during the mandatory minimum 31
sentence. 32
14 HOUSE BILL 952
(3) At the time of the commission of the offense, if a period of more than 5 1
years has elapsed since the person completed serving the sentence for the most recent 2
conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, 3
mandatory supervision, probation, and parole: 4
(i) the imposition of the mandatory minimum sentence is within the 5
discretion of the court; and 6
(ii) the mandatory minimum sentence may not be imposed unless 7
the State’s Attorney notifies the person in writing at least 30 days before trial of the State’s 8
intention to seek the mandatory minimum sentence. 9
(4) Each violation of this subsection is a separate crime. 10
(5) A person convicted under this subsection is not prohibited from 11
participating in a drug treatment program under § 8–507 of the Health – General Article 12
because of the length of the sentence. 13
5–134. 14
(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 15
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 16
or has reasonable cause to believe: 17
(1) is under the age of 21 years, unless the regulated firearm is loaned to a 18
borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 19
(2) has been convicted of a disqualifying crime; 20
(3) has been convicted of a conspiracy to commit a felony; 21
(4) has been convicted of a violation classified as a common law crime and 22
received a term of imprisonment of more than 2 years; 23
(5) is a fugitive from justice; 24
(6) is a habitual drunkard; 25
(7) is addicted to a controlled dangerous substance or is a habitual user; 26
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 27
– General Article, and has a history of violent behavior against the purchaser, lessee, 28
borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 29
possesses a physician’s certificate that the recipient is capable of possessing a regulated 30
firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 31
another; 32
HOUSE BILL 952 15
(9) has been confined for more than 30 consecutive days to a facility as 1
defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 2
or transferee possesses a physician’s certificate that the recipient is capable of possessing 3
a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 4
or to another; 5
(10) is a respondent against whom a current non ex parte civil protective 6
order has been entered under § 4–506 of the Family Law Article; 7
(11) if under the age of 30 years at the time of the transaction, has been 8
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 9
committed by an adult; 10
(12) is visibly under the influence of alcohol or drugs; 11
(13) is a participant in a straw purchase; 12
(14) subject to subsection [(c)] (D) of this section for a transaction under this 13
subsection that is made on or after January 1, 2002, has not completed a certified firearms 14
safety training course conducted free of charge by the Maryland Police Training and 15
Standards Commission or that meets standards established by the Maryland Police 16
Training and Standards Commission under § 3–207 of this article; or 17
(15) intends to use the regulated firearm to: 18
(i) commit a crime; or 19
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 20
another person. 21
(C) (1) A DEALER OR OTHER PERS ON MAY NOT SELL , RENT, LOAN, OR 22
TRANSFER A REGULATED FIREARM TO A PURCHASER , LESSEE, BORROWER , OR 23
TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THAT 24
THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE : 25
(I) WAS PREVIOUSLY CONVI CTED OF: 26
1. A CRIME OF VIOLENCE ; 27
2. A VIOLATION OF § 5–602, § 5–603, § 5–604, § 5–605, § 28
5–612, § 5–613, § 5–614, § 5–621, § 5–622, § 9–803, § 9–804, OR § 9–805 OF THE 29
CRIMINAL LAW ARTICLE; OR 30
3. AN OFFENSE UNDER THE LAWS OF ANOTHER STAT E 31
OR THE UNITED STATES THAT WOULD CON STITUTE ONE OF THE CRIMES LISTED IN 32
ITEM 1 OR 2 OF THIS ITEM IF COMM ITTED IN THIS STATE; OR 33 16 HOUSE BILL 952
(II) INTENDS TO USE THE R EGULATED FIREARM TO : 1
1. COMMIT A CRIME ; OR 2
2. CAUSE HARM TO THE PU RCHASER, LESSEE, 3
TRANSFEREE , OR RECIPIENT OR ANOT HER PERSON. 4
(2) A PERSON WHO VIOLATES T HIS SUBSECTION IS GU ILTY OF A 5
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EXCE EDING 15 6
YEARS. 7
(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME . 8
(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 9
PROHIBITED FR OM PARTICIPATING IN A DRUG TREATMENT PRO GRAM UNDER § 10
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 11
SENTENCE. 12
(5) A CHARGE OF VIOLATING THIS SUBSECTION ALSO CHARGES A 13
DEFENDANT WITH VIOLA TING SUBSECTION (B) OF THIS SECTION. 14
5–138. 15
(A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 16
regulated firearm if the person knows or has reasonable cause to believe that the regulated 17
firearm has been stolen. 18
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND: 19
(1) (I) FOR A FIRST CONVICTI ON, IS SUBJECT TO IMPRIS ONMENT 20
FOR NOT LESS THAN 2 YEARS AND NOT EXCEED ING 10 YEARS AND A FINE NOT 21
EXCEEDING $2,500; AND 22
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , IS SUBJECT 23
TO IMPRISONMENT FOR NOT LESS THAN 5 YEARS AND NOT EXCEED ING 15 YEARS 24
AND A FINE NOT EXCEE DING $10,000; AND 25
(2) SHALL RESTORE THE FI REARM TO THE OWNER O R PAY THE 26
OWNER THE VALUE OF T HE FIREARM. 27
(C) (1) NOTWITHSTANDING § 14–102 OF THE CRIMINAL LAW ARTICLE, 28
THE COURT MAY NOT IM POSE LESS THAN THE M ANDATORY MINIMUM SEN TENCE OF: 29
HOUSE BILL 952 17
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 1
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 2
(2) THE COURT MAY NOT SU SPEND ANY PART OF TH E MANDATORY 3
MINIMUM SENTENCE OF : 4
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 5
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 6
(3) A SENTENCE IMPOSED UND ER THIS SECTION SHAL L BE SEPARATE 7
FROM AND CONSECUTIVE TO A SENTENCE FOR ANY OTHER OFFENS E. 8
5–141. 9
(a) A dealer or other person may not be a knowing participant in a straw purchase 10
of a regulated firearm for a minor or for a person prohibited by law from possessing a 11
regulated firearm. 12
(b) (1) A person who violates this section is guilty of a [misdemeanor] FELONY 13
and on conviction is subject to imprisonment FOR NOT LESS THAN 5 YEARS AND not 14
exceeding [10] 15 years [or] AND a fine not exceeding $25,000 [or both]. 15
(2) NOTWITHSTANDING § 14–102 OF THE CRIMINAL LAW ARTICLE, 16
THE COURT MAY NOT IM POSE LESS THAN THE M ANDATORY MINIMUM SEN TENCE 17
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 18
(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 19
MINIMUM SENTENCE REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 20
(4) EXCEPT AS OTHERWISE PROVIDED I N § 4–305 OF THE 21
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE 22
DURING THE MANDATORY MINIMUM SENTENCE . 23
(c) Each violation of this section is a separate crime. 24
5–142. 25
(a) A person may not obliterate, remove, change, or alter the manufacturer’s 26
identification mark or number on a firearm. 27
(b) If on trial for a violation of this section possession of the firearm by the 28
defendant is established, the defendant is presumed to have obliterated, removed, changed, 29
or altered the manufacturer’s identification mark or number on the firearm. 30 18 HOUSE BILL 952
(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 1
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 10 YEARS OR 2
A FINE NOT EXCEEDING $10,000 OR BOTH. 3
5–144. 4
(a) Except as otherwise provided in this subtitle, a dealer or other person [may 5
not: 6
(1) knowingly participate in the illegal sale, rental, transfer, purchase, 7
possession, or receipt of a regulated firearm in violation of] WHO KNOWINGLY VIOLAT ES 8
A PROVISION OF this subtitle[; or 9
(2) knowingly violate § 5–142 of this subtitle. 10
(b) A person who violates this section] is guilty of a misdemeanor and on 11
conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 12
or both. 13
[(c)] (B) Each violation of this [section] SUBTITLE is a separate crime. 14
SECTION 4. AND BE IT FURTHER ENACTED, That this Act is an emergency 15
measure, is necessary for the immediate preservation of the public health or safety, has 16
been passed by a yea and nay vote supported by three–fifths of all the members elected to 17
each of the two Houses of the General Assembly, and shall take effect from the date it is 18
enacted. 19