EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0041*
HOUSE BILL 41
E2 EMERGENCY BILL 4lr0539
HB 952/23 – JUD (PRE–FILED)
By: Delegate Mangione
Requested: August 28, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Crimes – Firearms – Penalties and Procedures 2
(Violent Firearms Offender Act of 2024) 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 2023 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 and 2023 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Correctional Services 27 2 HOUSE BILL 41
Section 6–101(a) 1
Annotated Code of Maryland 2
(2017 Replacement Volume and 2023 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Correctional Services 5
Section 6–101(m) 6
Annotated Code of Maryland 7
(2017 Replacement Volume and 2023 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Law 10
Section 4–204, 4–306(b), 4–404, and 7–104(g) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
BY adding to 14
Article – Criminal Law 15
Section 7–104(h) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Criminal Law 20
Section 7–104(j) 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2023 Supplement) 23
(As enacted by Section 1 of this Act) 24
BY repealing and reenacting, without amendments, 25
Article – Criminal Procedure 26
Section 5–202(c)(1) and (d)(1) 27
Annotated Code of Maryland 28
(2018 Replacement Volume and 2023 Supplement) 29
BY repealing and reenacting, with amendments, 30
Article – Criminal Procedure 31
Section 5–202(f) 32
Annotated Code of Maryland 33
(2018 Replacement Volume and 2023 Supplement) 34
BY repealing and reenacting, with amendments, 35
Article – Public Safety 36
Section 5–133(b), (b–1), (c), and (g), 5–134(b), 5–138, 5–141, 5–142, and 5–144 37
Annotated Code of Maryland 38
(2022 Replacement Volume and 2023 Supplement) 39
HOUSE BILL 41 3
BY adding to 1
Article – Public Safety 2
Section 5–134(c) 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED 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 Section(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 FIREARM. 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
(ii) the frame or receiver of such a weapon. 30 4 HOUSE BILL 41
(2) “Firearm” includes an antique firearm, handgun, rifle, shotgun, 1
short–barreled rifle, short–barreled shotgun, starter gun, or any other firearm, whether 2
loaded or unloaded. 3
(b) A person may not use a firearm in the commission of a crime of violence, as 4
defined in § 5–101 of the Public Safety Article, or any felony, whether the firearm is 5
operable or inoperable at the time of the crime. 6
(c) (1) (i) A person who violates this section is guilty of a [misdemeanor] 7
FELONY and, in addition to any other penalty imposed for the crime of violence or felony, 8
shall be sentenced: 9
1. FOR A FIRST OFFENSE , to imprisonment for not less than 10
5 years and not exceeding 20 years; AND 11
2. FOR A SECOND OR SUBS EQUENT OFFENSE , TO 12
IMPRISONMENT FOR NOT LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS. 13
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE: 14
1. THE court may not impose less than the MANDATORY 15
minimum sentence of 5 years [and, except] FOR A SENTENCE IMPOS ED UNDER 16
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH ; AND 17
2. THE COURT MAY NOT IM POSE LESS THAN THE 18
MANDATORY MINIMUM SE NTENCE OF 10 YEARS FOR A SENTENCE IMPOSED UNDER 19
SUBPARAGRAPH (I)2 OF THIS PARAGRAPH . 20
(III) THE MANDATORY MINIMUM SENTENCE REQUIRED UN DER 21
SUBPARAG RAPH (I) OF THIS PARAGRAPH MA Y NOT BE SUSPENDED . 22
(IV) EXCEPT as otherwise provided in § 4–305 of the Correctional 23
Services Article, the person is not eligible for parole in less than [5 years] THE 24
MANDATORY MINIMUM SE NTENCE. 25
(2) [For each subsequent violation, the] THE sentence shall be consecutive 26
to and not concurrent with any other sentence imposed for the crime of violence or felony. 27
4–306. 28
(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, or 29
a magazine that has a capacity of more than 10 rounds of ammunition, in the commission 30
of a felony or a crime of violence as defined in § 5–101 of the Public Safety Article is guilty 31
of a [misdemeanor] FELONY and on conviction, in addition to any other sentence imposed 32 HOUSE BILL 41 5
for the felony or crime of violence, shall be sentenced under this subsection. 1
(2) (i) For a first violation, the person shall be sentenced to 2
imprisonment for not less than 5 years and not exceeding 20 years. 3
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE , THE 4
court may not impose less than the minimum sentence of 5 years. 5
(iii) The mandatory minimum sentence of 5 years may not be 6
suspended. 7
(iv) Except as otherwise provided in § 4–305 of the Correctional 8
Services Article, the person is not eligible for parole in less than 5 years. 9
(3) (i) For each subsequent violation, the person shall be sentenced to 10
imprisonment for not less than 10 years and not exceeding 20 years. 11
(ii) [The] NOTWITHSTANDING § 14–102 OF THIS ARTICLE , THE 12
court may not impose less than the minimum sentence of 10 years. 13
(III) THE MANDATORY MINIMUM SENTENCE OF 10 YEARS MAY 14
NOT BE SUSPENDED . 15
(IV) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 16
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE IN 17
LESS THAN 10 YEARS. 18
[(iii)] (4) A sentence imposed under this [paragraph] SUBSECTION 19
shall be consecutive to and not concurrent with any other sentence imposed for the felony 20
or crime of violence. 21
4–404. 22
(a) A person may not use or possess a machine gun in the commission or 23
attempted commission of a FELONY OR crime of violence. 24
(b) (1) A person who violates this section is guilty of a felony and on conviction, 25
IN ADDITION TO ANY O THER PENALTY IMPOSED FOR THE CRIME OF VIO LENCE OR 26
FELONY, is subject to [imprisonment not exceeding 20 years]: 27
(I) FOR A FIRST OFFENSE , IMPRISONMENT FOR NOT LESS THAN 28
5 YEARS AND NOT EXCEED ING 20 YEARS; AND 29
(II) FOR A SECOND OR SUBSEQUENT OFFENSE, IMPRISONMENT 30
FOR NOT LESS THAN 10 YEARS AND NOT EXCEED ING 20 YEARS. 31 6 HOUSE BILL 41
(2) (I) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT 1
MAY NOT IMPOSE LESS THAN THE MANDATORY M INIMUM SENTENCE OF 5 YEARS FOR 2
A SENTENCE IMPOSED U NDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 3
(II) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT 4
MAY NOT IMPOSE LESS THAN THE MANDATORY M INIMUM SENTENCE OF 10 YEARS 5
FOR A SENTENCE IMPOS ED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION . 6
(3) A MANDATORY MINIMUM SENTENCE UND ER PARAGRAPH (1) OF 7
THIS SUBSECTION MAY NOT BE SUSPENDED . 8
(4) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 9
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE IN 10
LESS THAN THE MANDAT ORY MINIMUM SENTENCE . 11
(5) THE SENTENCE SHALL BE CONSECUTIVE TO AND N OT 12
CONCURRENT WITH ANY OTHER SENTENCE IMPOS ED FOR THE CRIME OF VIOLENCE 13
OR FELONY. 14
7–104. 15
(g) (1) THIS SUBSECTION DOES NOT APPLY TO THEFT O F A FIREARM. 16
(2) A person convicted of theft of property or services with a value of: 17
(i) at least $1,500 but less than $25,000 is guilty of a felony and: 18
1. is subject to imprisonment not exceeding 5 years or a fine 19
not exceeding $10,000 or both; and 20
2. shall restore the property taken to the owner or pay the 21
owner the value of the property or services; 22
(ii) at least $25,000 but less than $100,000 is guilty of a felony and: 23
1. is subject to imprisonment not exceeding 10 years or a fine 24
not exceeding $15,000 or both; and 25
2. shall restore the property taken to the owner or pay the 26
owner the value of the property or services; or 27
(iii) $100,000 or more is guilty of a felony and: 28
1. is subject to imprisonment not exceeding 20 years or a fine 29 HOUSE BILL 41 7
not exceeding $25,000 or both; and 1
2. shall restore the property taken to the owner or pay the 2
owner the value of the property or services. 3
[(2)] (3) Except as provided in paragraph [(3)] (4) of this subsection, a 4
person convicted of theft of property or services with a value of at least $100 but less than 5
$1,500, is guilty of a misdemeanor and: 6
(i) is subject to: 7
1. for a first conviction, imprisonment not exceeding 6 8
months or a fine not exceeding $500 or both; and 9
2. for a second or subsequent conviction, imprisonment not 10
exceeding 1 year or a fine not exceeding $500 or both; and 11
(ii) shall restore the property taken to the owner or pay the owner 12
the value of the property or services. 13
[(3)] (4) A person convicted of theft of property or services with a value of 14
less than $100 is guilty of a misdemeanor and: 15
(i) is subject to imprisonment not exceeding 90 days or a fine not 16
exceeding $500 or both; and 17
(ii) shall restore the property taken to the owner or pay the owner 18
the value of the property or services. 19
[(4)] (5) Subject to paragraph [(5)] (6) of this subsection, a person who 20
has four or more prior convictions under this subtitle and who is convicted of theft of 21
property or services with a value of less than $1,500 under paragraph [(2)] (3) of this 22
subsection is guilty of a misdemeanor and: 23
(i) is subject to imprisonment not exceeding 5 years or a fine not 24
exceeding $5,000 or both; and 25
(ii) shall restore the property taken to the owner or pay the owner 26
the value of the property or services. 27
[(5)] (6) The court may not impose the penalties under paragraph [(4)] 28
(5) of this subsection unless the State’s Attorney serves notice on the defendant or the 29
defendant’s counsel before the acceptance of a plea of guilty or nolo contendere or at least 30
15 days before trial that: 31
(i) the State will seek the penalties under paragraph [(4)] (5) of this 32 8 HOUSE BILL 41
subsection; and 1
(ii) lists the alleged prior convictions. 2
(H) (1) A PERSON CONVICTED OF THEFT OF A FIREARM , INCLUDING AN 3
ANTIQUE FIREARM OR A REPLICA OF AN ANTIQU E FIREARM, IS GUILTY OF A FELONY 4
AND: 5
(I) 1. FOR A FIRST CONVICTI ON, IS SUBJECT TO 6
IMPRISONMENT FOR NOT LESS THAN 2 YEARS AND NOT EXCEED ING 10 YEARS AND A 7
FINE NOT EXCEEDING $2,500; AND 8
2. FOR A SECOND OR SUBS EQUENT CONVICTION , IS 9
SUBJECT TO IMPRISONM ENT FOR NOT LESS THA N 5 YEARS AND NOT EXCEED ING 15 10
YEARS AND A FINE NOT EXCEEDING $10,000; AND 11
(II) SHALL RESTORE THE FI REARM TO THE OWNER O R PAY THE 12
OWNER THE VALUE OF T HE FIREARM. 13
(2) NOTWITHSTANDING § 14–102 OF THIS ARTICLE, THE COURT MAY 14
NOT IMPOSE LESS THAN THE MANDATORY MINIMUM SENT ENCE OF: 15
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 16
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 17
(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 18
MINIMUM SENTENCE OF : 19
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 20
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 21
(4) A SENTENCE IMPOSED UND ER PARAGRAPH (1) OF THIS 22
SUBSECTION SHALL BE SEPARATE FROM AND CO NSECUTIVE TO A SENTE NCE FOR 23
ANY OTHER OFFENSE . 24
(j) An action or prosecution for a violation of subsection [(g)(2) or (3)] (G)(3) OR 25
(4) of this section shall be commenced within 2 years after the commission of the crime. 26
Article – Criminal Procedure 27
5–202. 28
HOUSE BILL 41 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
SUBPARAGRAPH (II) OF THIS PARAGRAPH if the defendant: 32 10 HOUSE BILL 41
1. has previously been convicted of a crime of violence or [one 1
of the following crimes:] A CRIME LISTED IN SU BPARAGRAPH (II) OF THIS PARAGRAPH ; 2
OR 3
2. IS ON PRETRIAL RELEA SE FOR A CRIME OF VI OLENCE 4
OR A CRIME LISTED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH . 5
(II) THIS SUBSECTION APPLI ES TO THE FOLLOWING CRIMES: 6
[(i)] 1. wearing, carrying, or transporting a handgun under § 7
4–203 of the Criminal Law Article; 8
[(ii)] 2. use of a handgun or an antique firearm in commission of a 9
crime under § 4–204 of the Criminal Law Article; 10
[(iii)] 3. violating prohibitions relating to assault weapons under § 11
4–303 of the Criminal Law Article; 12
[(iv)] 4. use of a machine gun in a crime of violence under § 4–404 13
of the Criminal Law Article; 14
[(v)] 5. use of a machine gun for an aggressive purpose under § 15
4–405 of the Criminal Law Article; 16
[(vi)] 6. use of a weapon as a separate crime under § 5–621 of the 17
Criminal Law Article; 18
7. POSSESSING, USING, OWNING, CARRYING, OR 19
TRANSPORTING A FIREA RM BY A PERSON WITH A PRIOR DRUG CONVICT ION UNDER 20
§ 5–622 OF THE CRIMINAL LAW ARTICLE; 21
[(vii)] 8. possession of a regulated firearm under § 5–133 of the 22
Public Safety Article; 23
9. SALE, RENTAL, OR TRANSFER OF A REG ULATED 24
FIREARM UNDER § 5–134 OF THE PUBLIC SAFETY ARTICLE; 25
10. STRAW PURCHASE OF A REGULATED FIREARM UN DER 26
§ 5–136 OF THE PUBLIC SAFETY ARTICLE; 27
11. SALE, TRANSFER, OR DISPOSAL OF A STO LEN 28
REGULATED FIREARM UN DER § 5–138 OF THE PUBLIC SAFETY ARTICLE; 29
[(viii)] 12. transporting a regulated firearm for unlawful sale or 30 HOUSE BILL 41 11
trafficking under § 5–140 of the Public Safety Article; [or] 1
13. KNOWING PARTICIPATIO N IN A STRAW PURCHAS E OF 2
A REGULATED FIREARM UNDER § 5–141 OF THE PUBLIC SAFETY ARTICLE; 3
14. REMOVAL OR ALTERATION OF THE MANUFACTURER ’S 4
IDENTIFICATION MARK OR NUMBER ON A FIREA RM UNDER § 5–142 OF THE PUBLIC 5
SAFETY ARTICLE; 6
[(ix)] 15. possession of a rifle or shotgun by a person with a mental 7
disorder under § 5–205 of the Public Safety Article; 8
16. POSSESSION OF A RIFL E OR SHOTGUN BY A PE RSON 9
WITH A PRIOR CONVICT ION UNDER § 5–206 OF THE PUBLIC SAFETY ARTICLE; OR 10
17. A CRIME IN ANY OTHER JURISDICTION THAT WO ULD 11
BE A CRIME UNDER ITE MS 1 THROUGH 16 OF THIS SUBPARAGRAPH IF COMMITTED 12
IN THIS STATE. 13
(2) (i) A judge may authorize the pretrial release of a defendant 14
described in paragraph (1) of this subsection on: 15
1. suitable bail; 16
2. any other conditions that will reasonably ensure that the 17
defendant will not flee or pose a danger to another person or the community; or 18
3. both bail and other conditions described under item 2 of 19
this subparagraph. 20
(ii) When a defendant described in paragraph (1) of this subsection 21
is presented to the court under Maryland Rule 4–216(f), the judge shall order the continued 22
detention of the defendant if the judge determines that neither suitable bail nor any 23
condition or combination of conditions will reasonably ensure that the defendant will not 24
flee or pose a danger to another person or the community before the trial. 25
(3) There is a rebuttable presumption that a defendant described in 26
paragraph (1) of this subsection will flee and pose a danger to another person or the 27
community. 28
Article – Public Safety 29
5–133. 30
(b) (1) Subject to § 5–133.3 of this subtitle, a person may not possess a 31
regulated firearm if the person: 32 12 HOUSE BILL 41
[(1)] (I) has been convicted of a disqualifying crime; 1
[(2)] (II) has been convicted of a violation classified as a common law 2
crime and received a term of imprisonment of more than 2 years; 3
[(3) (i)] (III) 1. has been convicted on or after October 1, 2023, of a 4
second or subsequent violation of § 4–104 of the Criminal Law Article; or 5
[(ii)] 2. has been convicted on or after October 1, 2023, of a 6
violation of § 4–104 of the Criminal Law Article if the violation resulted in the use of a 7
loaded firearm by a minor causing death or serious bodily injury to the minor or another 8
person; 9
[(4)] (IV) subject to subsection (b–1) of this section, is on supervised 10
probation after being convicted: 11
[(i)] 1. of a crime punishable by imprisonment for 1 year or more; 12
[(ii)] 2. for a violation of § 21–902(b) or (c) of the Transportation 13
Article; or 14
[(iii)] 3. for a violating a protective order under § 4–509 of the 15
Family Law Article; 16
[(5)] (V) is a fugitive from justice; 17
[(6)] (VI) is a habitual drunkard; 18
[(7)] (VII) is addicted to a controlled dangerous substance or is a habitual 19
user; 20
[(8)] (VIII) suffers from a mental disorder as defined in § 10–101(i)(2) of the 21
Health – General Article and has a history of violent behavior against the person or 22
another; 23
[(9)] (IX) has been found incompetent to stand trial under § 3–106 of the 24
Criminal Procedure Article; 25
[(10)] (X) has been found not criminally responsible under § 3–110 of the 26
Criminal Procedure Article; 27
[(11)] (XI) has been voluntarily admitted for more than 30 consecutive days 28
to a facility as defined in § 10–101 of the Health – General Article; 29
[(12)] (XII) has been involuntarily committed to a facility as defined in § 30 HOUSE BILL 41 13
10–101 of the Health – General Article; 1
[(13)] (XIII) is under the protection of a guardian appointed by a court under 2
§ 13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 3
appointment of a guardian is solely a result of a physical disability; 4
[(14)] (XIV) except as provided in subsection (e) of this section, is a 5
respondent against whom: 6
[(i)] 1. a current non ex parte civil protective order has been 7
entered under § 4–506 of the Family Law Article; or 8
[(ii)] 2. an order for protection, as defined in § 4–508.1 of the 9
Family Law Article, has been issued by a court of another state or a Native American tribe 10
and is in effect; or 11
[(15)] (XV) if under the age of 30 years at the time of possession, has been 12
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 13
committed by an adult. 14
(2) (I) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 15
A PERSON WHO VI OLATES THIS SUBSECTI ON IS GUILTY OF A MI SDEMEANOR AND ON 16
CONVICTION IS SUBJEC T TO: 17
1. FOR A FIRST OFFENSE , IMPRISONMENT NOT 18
EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH; AND 19
2. FOR A SECOND OR SUBS EQUENT OFFENSE , 20
IMPRISONMENT NOT EXC EEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR 21
BOTH. 22
(II) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE 23
CRIME. 24
(III) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 25
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 26
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 27
SENTENCE. 28
(b–1) Subsection [(b)(4)] (B)(1)(IV) of this section may not be construed to prohibit 29
possession of a regulated firearm by a person who was not convicted of but received only 30
probation before judgment for an offense listed in subsection [(b)(4)] (B)(1)(IV) of this 31
section. 32
(c) (1) A person may not possess a regulated firearm if the person was 33 14 HOUSE BILL 41
previously convicted of: 1
(i) a crime of violence; 2
(ii) a violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–612, § 3
5–613, § 5–614, § 5–621, [or] § 5–622, § 9–803, § 9–804, OR § 9–805 of the Criminal Law 4
Article; or 5
(iii) an offense under the laws of another state or the United States 6
that would constitute one of the crimes listed in item (i) or (ii) of this paragraph if committed 7
in this State. 8
(2) (i) Subject to paragraph (3) of this subsection, a person who violates 9
this subsection is guilty of a felony and on conviction is subject to imprisonment for not less 10
than 5 years and not exceeding 15 years. 11
(ii) The court may not suspend any part of the mandatory minimum 12
sentence of 5 years. 13
(iii) Except as otherwise provided in § 4–305 of the Correctional 14
Services Article, the person is not eligible for parole during the mandatory minimum 15
sentence. 16
(3) At the time of the commission of the offense, if a period of more than 5 17
years has elapsed since the person completed serving the sentence for the most recent 18
conviction under paragraph (1)(i) or (ii) of this subsection, including all imprisonment, 19
mandatory supervision, probation, and parole: 20
(i) the imposition of the mandatory minimum sentence is within the 21
discretion of the court; and 22
(ii) the mandatory minimum sentence may not be imposed unless 23
the State’s Attorney notifies the person in writing at least 30 days before trial of the State’s 24
intention to seek the mandatory minimum sentence. 25
(4) Each violation of this subsection is a separate crime. 26
(5) A person convicted under this subsection is not prohibited from 27
participating in a drug treatment program under § 8–507 of the Health – General Article 28
because of the length of the sentence. 29
(g) Subject to subsection [(b)(3)] (B)(1)(III) of this section, a person who has been 30
convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article 31
may not possess a regulated firearm for 5 years following the date of the conviction. 32
5–134. 33
HOUSE BILL 41 15
(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 1
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 2
or has reasonable cause to believe: 3
(1) is under the age of 21 years, unless the regulated firearm is loaned to a 4
borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 5
(2) has been convicted of a disqualifying crime; 6
(3) has been convicted of a conspiracy to commit a felony; 7
(4) has been convicted of a violation classified as a common law crime and 8
received a term of imprisonment of more than 2 years; 9
(5) is a fugitive from justice; 10
(6) is a habitual drunkard; 11
(7) is addicted to a controlled dangerous substance or is a habitual user; 12
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 13
– General Article, and has a history of violent behavior against the purchaser, lessee, 14
borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 15
possesses a physician’s certificate that the recipient is capable of possessing a regulated 16
firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 17
another; 18
(9) has been confined for more than 30 consecutive days to a facility as 19
defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 20
or transferee possesses a physician’s certificate that the recipient is capable of possessing 21
a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 22
or to another; 23
(10) is a respondent against whom a current non ex parte civil protective 24
order has been entered under § 4–506 of the Family Law Article; 25
(11) if under the age of 30 years at the time of the transaction, has been 26
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 27
committed by an adult; 28
(12) is visibly under the influence of alcohol or drugs; 29
(13) is a participant in a straw purchase; 30
(14) subject to subsection [(c)] (D) of this section for a transaction under this 31
subsection that is made on or after January 1, 2002, has not completed a certified firearms 32
safety training course conducted free of charge by the Maryland Police Training and 33 16 HOUSE BILL 41
Standards Commission or that meets standards established by the Maryland Police 1
Training and Standards Commission under § 3–207 of this article; or 2
(15) intends to use the regulated firearm to: 3
(i) commit a crime; or 4
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 5
another person. 6
(C) (1) A DEALER OR OTHER PERS ON MAY NOT SELL , RENT, LOAN, OR 7
TRANSFER A REGULATED FIREARM TO A PURCHAS ER, LESSEE, BORROWER , OR 8
TRANSFEREE IF THE DE ALER OR OTHER PERSON HAS ACTUAL KNOWLEDGE THA T 9
THE PURCHASER , LESSEE, BORROWER , OR TRANSFEREE : 10
(I) WAS PREVIOUSLY CONVI CTED OF: 11
1. A CRIME OF VIOLENCE ; 12
2. A VIOLATION OF § 5–602, § 5–603, § 5–604, § 5–605, § 13
5–612, § 5–613, § 5–614, § 5–621, § 5–622, § 9–803, § 9–804, OR § 9–805 OF THE 14
CRIMINAL LAW ARTICLE; OR 15
3. AN OFFENSE UNDER THE LAWS OF ANOTHER STAT E 16
OR THE UNITED STATES THAT WOULD CON STITUTE ONE OF THE C RIMES LISTED IN 17
ITEM 1 OR 2 OF THIS ITEM IF COMM ITTED IN THIS STATE; OR 18
(II) INTENDS TO USE THE REGULATED FIREARM TO : 19
1. COMMIT A CRIME ; OR 20
2. CAUSE HARM TO THE PU RCHASER, LESSEE, 21
TRANSFEREE , OR RECIPIENT OR ANOT HER PERSON. 22
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF A 23
FELONY AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT EX CEEDING 15 24
YEARS. 25
(3) EACH VIOLATION OF THI S SUBSECTION IS A SE PARATE CRIME . 26
(4) A PERSON CONVICTED UND ER THIS SUBSECTION I S NOT 27
PROHIBITED FROM PART ICIPATING IN A DRUG TREATMENT PROGRAM UN DER § 28
8–507 OF THE HEALTH – GENERAL ARTICLE BECAUSE OF TH E LENGTH OF THE 29
SENTENCE. 30 HOUSE BILL 41 17
(5) A CHARGE OF VIOLATING THIS SUBSECTION ALSO CHARGES A 1
DEFENDANT WITH VIOLA TING SUBSECTION (B) OF THIS SECTION. 2
5–138. 3
(A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 4
regulated firearm if the person knows or has reasonable cause to believe that the regulated 5
firearm has been stolen. 6
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND : 7
(1) (I) FOR A FIRST CONVICTI ON, IS SUBJECT TO IMPRIS ONMENT 8
FOR NOT LESS THAN 2 YEARS AND NOT EX CEEDING 10 YEARS AND A FINE NOT 9
EXCEEDING $2,500; AND 10
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , IS SUBJECT 11
TO IMPRISONMENT FOR NOT LESS THAN 5 YEARS AND NOT EXCEED ING 15 YEARS 12
AND A FINE NOT EXCEE DING $10,000; AND 13
(2) SHALL RESTORE THE FI REARM T O THE OWNER OR PAY T HE 14
OWNER THE VALUE OF T HE FIREARM. 15
(C) (1) NOTWITHSTANDING § 14–102 OF THE CRIMINAL LAW ARTICLE, 16
THE COURT MAY NOT IM POSE LESS THAN THE M ANDATORY MINIMUM SEN TENCE OF: 17
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 18
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 19
(2) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 20
MINIMUM SENTENCE OF : 21
(I) FOR A FIRST CONVICTI ON, 2 YEARS; AND 22
(II) FOR A SECOND OR SUBS EQUENT CONVICTION , 5 YEARS. 23
(3) A SENTENCE IMPO SED UNDER THIS SECTI ON SHALL BE SEPARATE 24
FROM AND CONSECUTIVE TO A SENTENCE FOR AN Y OTHER OFFENSE . 25
5–141. 26
(a) A dealer or other person may not be a knowing participant in a straw purchase 27
of a regulated firearm for a minor or for a person prohibited by law from possessing a 28 18 HOUSE BILL 41
regulated firearm. 1
(b) (1) A person who violates this section is guilty of a [misdemeanor] FELONY 2
and on conviction is subject to imprisonment FOR NOT LESS THAN 5 YEARS AND not 3
exceeding [10] 15 years [or] AND a fine not exceeding $25,000 [or both]. 4
(2) NOTWITHSTANDING § 14–102 OF THE CRIMINAL LAW ARTICLE, 5
THE COURT MAY NOT IM POSE LESS THAN THE M ANDATORY MINIMUM SEN TENCE 6
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 7
(3) THE COURT MAY NOT SUS PEND ANY PART OF THE MANDATORY 8
MINIMUM SEN TENCE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 9
(4) EXCEPT AS OTHERWISE P ROVIDED IN § 4–305 OF THE 10
CORRECTIONAL SERVICES ARTICLE, THE PERSON IS NOT EL IGIBLE FOR PAROLE 11
DURING THE MANDATORY MINIMUM SENTENCE . 12
(c) Each violation of this section is a separate crime. 13
5–142. 14
(a) A person may not obliterate, remove, change, or alter the manufacturer’s 15
identification mark or number on a firearm. 16
(b) If on trial for a violation of this section possession of the firearm by the 17
defendant is established, the defendant is presumed to have obliterated, removed, changed, 18
or altered the manufacturer’s identification mark or number on the firearm. 19
(C) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 20
AND ON CONVICTION IS SUBJECT TO IM PRISONMENT NOT EXCEE DING 10 YEARS OR 21
A FINE NOT EXCEEDING $10,000 OR BOTH. 22
5–144. 23
(a) Except as otherwise provided in this subtitle, a dealer or other person [may 24
not: 25
(1) knowingly participate in the illegal sale, rental, transfer, purchase, 26
possession, or receipt of a regulated firearm in violation of] WHO KNOWINGLY VIOLAT ES 27
A PROVISION OF this subtitle[; or 28
(2) knowingly violate § 5–142 of this subtitle. 29
(b) A person who violates this section] is guilty of a misdemeanor and on 30
conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 31 HOUSE BILL 41 19
or both. 1
[(c)] (B) Each violation of this [section] SUBTITLE is a separate crime. 2
SECTION 4. AND BE IT FURTHER ENACTED, That t his Act is an emergency 3
measure, is necessary for the immediate preservation of the public health or safety, has 4
been passed by a yea and nay vote supported by three–fifths of all the members elected to 5
each of the two Houses of the General Assembly, and shall take effect from the date it is 6
enacted. 7