Maryland 2025 Regular Session

Maryland House Bill HB1050 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1050*
66
77 HOUSE BILL 1050
88 D4 5lr2836
99 CF SB 943
1010 By: Delegates Bartlett, Fair, D. Jones, and Simpson
1111 Introduced and read first time: February 5, 2025
1212 Assigned to: Judiciary
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Family Law – Protective Orders – Surrender of Firearms 2
1919
2020 FOR the purpose of altering and establishing provisions relating to the surrender of 3
2121 firearms by a respondent under the domestic violence statutes; creating the Task 4
2222 Force to Study the Use of Firearms in Domestic Violence Situations; and generally 5
2323 relating to protective orders. 6
2424
2525 BY repealing and reenacting, without amendments, 7
2626 Article – Family Law 8
2727 Section 4–504(a) and 4–506(f) 9
2828 Annotated Code of Maryland 10
2929 (2019 Replacement Volume and 2024 Supplement) 11
3030
3131 BY repealing and reenacting, with amendments, 12
3232 Article – Family Law 13
3333 Section 4–504(b), 4–504.1(d) through (i), 4–505(a), 4–506.1, and 4–509(a) 14
3434 Annotated Code of Maryland 15
3535 (2019 Replacement Volume and 2024 Supplement) 16
3636
3737 BY adding to 17
3838 Article – Family Law 18
3939 Section 4–504(e) and 4–504.1(d) 19
4040 Annotated Code of Maryland 20
4141 (2019 Replacement Volume and 2024 Supplement) 21
4242
4343 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
4444 That the Laws of Maryland read as follows: 23
4545
4646 Article – Family Law 24
4747
4848 4–504. 25 2 HOUSE BILL 1050
4949
5050
5151
5252 (a) (1) A petitioner may seek relief from abuse by filing with a court, or with a 1
5353 commissioner under the circumstances specified in § 4–504.1(a) of this subtitle, a petition 2
5454 that alleges abuse of any person eligible for relief by the respondent. 3
5555
5656 (2) A petition may be filed under this subtitle if: 4
5757
5858 (i) the abuse is alleged to have occurred in the State; or 5
5959
6060 (ii) the person eligible for relief is a resident of the State, regardless 6
6161 of whether the abuse is alleged to have occurred in the State. 7
6262
6363 (b) (1) The petition shall: 8
6464
6565 (i) be under oath; and 9
6666
6767 (ii) include any information known to the petitioner of: 10
6868
6969 1. the nature and extent of the abuse for which the relief is 11
7070 being sought, including information known to the petitioner concerning previous injury 12
7171 resulting from abuse by the respondent; 13
7272
7373 2. each previous action between the parties in any court; 14
7474
7575 3. each pending action between the parties in any court; 15
7676
7777 4. the whereabouts of the respondent, if known; 16
7878
7979 5. WHETHER THE RESPONDE NT POSSESSES A VALID 17
8080 HANDGUN QUALIFICATIO N LICENSE ISSUED TO THE RESPONDENT BY THE 18
8181 SECRETARY OF STATE POLICE; 19
8282
8383 6. WHETHER THE RESPONDE NT OWNS OR POSSESSES A 20
8484 FIREARM; 21
8585
8686 [5.] 7. if financial relief is requested, information known to the 22
8787 petitioner regarding the financial resources of the respondent; and 23
8888
8989 [6.] 8. in a case of alleged child abuse or alleged abuse of a 24
9090 vulnerable adult, the whereabouts of the child or vulnerable adult and any other 25
9191 information relating to the abuse of the child or vulnerable adult. 26
9292
9393 (2) If the petition states that disclosure of the address of a person eligible 27
9494 for relief would risk further abuse of a person eligible for relief, or reveal the confidential 28
9595 address of a shelter for domestic violence victims, that address may be omitted from all 29
9696 documents filed with a commissioner or filed with, or transferred to, a court. If disclosure 30 HOUSE BILL 1050 3
9797
9898
9999 is necessary to determine jurisdiction or consider any venue issue, it shall be made orally 1
100100 and in camera and may not be disclosed to the respondent. 2
101101
102102 (E) IF THE PETITION STATES THAT THE RESPONDENT POSSESSES A VALID 3
103103 HANDGUN QUALIFICATIO N LICENSE OR THAT TH E RESPONDENT OWNS OR 4
104104 POSSESSES A FIREARM , THE PETITIONER SHALL INCLUDE WITH THE PET ITION THE 5
105105 FOLLOWING INFORMATIO N KNOWN TO THE PETIT IONER: 6
106106
107107 (1) THE LENGTH OF TIME THAT THE PET ITIONER HAS KNOWN OR 7
108108 LIVED WITH THE RESPO NDENT; 8
109109
110110 (2) WHETHER THE PETITION ER IS IN POSSESSION OF A VALID 9
111111 HANDGUN QUALIFICATIO N LICENSE OR OWNS OR IS IN POSSESSION OF A FIREARM; 10
112112
113113 (3) WHETHER THE PETITION ER: 11
114114
115115 (I) HAS A SAFETY PLAN ; 12
116116
117117 (II) IS WORKING WITH A CO MMUNITY DOMESTIC VIO LENCE 13
118118 AGENCY; OR 14
119119
120120 (III) HAS A SPECIFIC COMMU NITY ADVOCATE ; 15
121121
122122 (4) THE POTENTIAL LOCATI ON OF THE RESPONDENT ’S FIREARM; 16
123123
124124 (5) THE LAST TIME THE PE TITIONER SAW THE RES PONDENT’S 17
125125 FIREARM; 18
126126
127127 (6) THE PETITIONER ’S FAMILIARITY WITH T HE RESPONDENT ’S 19
128128 HABITS REGARDING THE FIREARM; 20
129129
130130 (7) THE MAKE AND MODEL O F THE RESPONDENT ’S FIREARM; 21
131131
132132 (8) HOW MANY AND WHAT TY PE OF FIREARMS THE R ESPONDENT MAY 22
133133 HAVE ACCESS TO ; 23
134134
135135 (9) THE CONTACT INFORMAT ION OF OTHER INDIVIDUALS WHO COULD 24
136136 VERIFY THE LOCATION OF THE RESPONDENT ’S FIREARM, INCLUDING EACH 25
137137 INDIVIDUAL’S: 26
138138
139139 (I) NAME; 27
140140
141141 (II) PHONE NUMBER ; 28
142142 4 HOUSE BILL 1050
143143
144144
145145 (III) ADDRESS; AND 1
146146
147147 (IV) RELATIONSHIP TO THE PETITIONER AND THE R ESPONDENT; 2
148148
149149 (10) WHETHER THE RESPON DENT KEEPS THE FIREA RM IN THE 3
150150 RESPONDENT ’S CAR AND, IF SO: 4
151151
152152 (I) THE MAKE AND MODEL O F THE CAR; AND 5
153153
154154 (II) THE LICENSE PLATE NU MBER; 6
155155
156156 (11) WHETHER THERE ARE , OR COULD BE , FIREARMS AT THE 7
157157 RESPONDENT ’S CURRENT RESIDENCE AND, IF SO, THE NAMES AND DATES OF BIRTH 8
158158 OF ALL OF THE INDIVI DUALS IN THE RESIDEN CE; 9
159159
160160 (12) THE RESPONDENT ’S ATTITUDE TOWARD LA W ENFORCEMENT ; AND 10
161161
162162 (13) WHETHER THE RESPONDE NT: 11
163163
164164 (I) HAS PREVIOUSLY PAWNE D A FIREARM AND , IF SO, THE 12
165165 NAME OF THE PAWN SHO P; 13
166166
167167 (II) IS A CURRENT OR FOR MER MEMBER OF THE MI LITARY AND, 14
168168 IF SO, WHICH BRANCH AND THE NAME OF THE RESPONDE NT’S COMMANDING 15
169169 OFFICER; 16
170170
171171 (III) HAS A VALID HUNTING LICENSE OR HUNTS AND , IF SO, THE 17
172172 MOST RECENT DATE THE RESPONDENT WENT HUNT ING; 18
173173
174174 (IV) GOES TO SHOOTING RAN GES AND, IF SO, THE LOCATION AND 19
175175 TIMES THE RESPONDENT GOES TO THE RANGES ; 20
176176
177177 (V) DOES TARGET PRACTICE AND, IF SO, WHEN AND WHERE THE 21
178178 RESPONDENT DOES TARG ET PRACTICE; 22
179179
180180 (VI) KNOWS HOW TO MAKE EX PLOSIVES; 23
181181
182182 (VII) HAS BOMB –MAKING MATERIAL OR H AS ACCESS TO 24
183183 BOMB–MAKING MATERIAL; 25
184184
185185 (VIII) HAS ANY PHOTOS ON SO CIAL MEDIA OF THE RE SPONDENT 26
186186 WITH A FIREARM ; AND 27
187187 HOUSE BILL 1050 5
188188
189189
190190 (IX) HAS BEEN SUICIDAL OR ON A MENTAL HEALTH H OLD OR HAS 1
191191 OTHER MENTAL HEALTH CONCERNS. 2
192192
193193 4–504.1. 3
194194
195195 (D) AN INTERIM PROTECTIVE ORDER SHALL ORDER TH E RESPONDENT TO 4
196196 SURRENDER TO LAW ENF ORCEMENT AUTHORITIES ANY FIREARM IN THE 5
197197 RESPONDENT ’S POSSESSION, AND TO REFRAIN FROM POSSESSION OF ANY FI REARM, 6
198198 FOR THE DURATION OF THE INTERIM PROTECTI VE ORDER. 7
199199
200200 [(d)] (E) If the commissioner awards temporary custody of a minor child under 8
201201 subsection (c)(4)(ii) or (5) of this section, the commissioner may order a law enforcement 9
202202 officer to use all reasonable and necessary force to return the minor child to the custodial 10
203203 parent after service of the interim protective order. 11
204204
205205 [(e)] (F) (1) (i) An interim protective order shall state the date, time, and 12
206206 location for the temporary protective order hearing and a tentative date, time, and location 13
207207 for a final protective order hearing. 14
208208
209209 (ii) Except as provided in subsection [(h)] (I) of this section, or unless 15
210210 the judge continues the hearing for good cause, a temporary protective order hearing shall 16
211211 be held on the first or second day on which a District Court judge is sitting after issuance 17
212212 of the interim protective order. 18
213213
214214 (2) An interim protective order shall include in at least 10–point bold type: 19
215215
216216 (i) notice to the respondent that: 20
217217
218218 1. the respondent must give the court written notice of each 21
219219 change of address; 22
220220
221221 2. if the respondent fails to appear at the temporary 23
222222 protective order hearing or any later hearing, the respondent may be served with any orders 24
223223 or notices in the case by first–class mail at the respondent’s last known address; 25
224224
225225 3. the date, time, and location of the final protective order 26
226226 hearing is tentative only, and subject to change; and 27
227227
228228 4. if the respondent does not attend the temporary protective 28
229229 order hearing, the respondent may call the Office of the Clerk of the District Court at the 29
230230 number provided in the order to find out the actual date, time, and location of any final 30
231231 protective order hearing; 31
232232
233233 (ii) a statement of all possible forms and duration of relief that a 32
234234 temporary protective order or final protective order may contain; 33
235235 6 HOUSE BILL 1050
236236
237237
238238 (iii) notice to the petitioner and respondent that, at the hearing, a 1
239239 judge may issue a temporary protective order that grants any or all of the relief requested 2
240240 in the petition or may deny the petition, whether or not the respondent is in court; 3
241241
242242 (iv) a warning to the respondent that violation of an interim 4
243243 protective order is a crime and that a law enforcement officer shall arrest the respondent, 5
244244 with or without a warrant, and take the respondent into custody if the officer has probable 6
245245 cause to believe that the respondent has violated any provision of the interim protective 7
246246 order; and 8
247247
248248 (v) the phone number of the Office of the District Court Clerk. 9
249249
250250 [(f)] (G) Whenever a commissioner issues an interim protective order, the 10
251251 commissioner shall: 11
252252
253253 (1) immediately forward a copy of the petition and interim protective order 12
254254 to the appropriate law enforcement agency for service on the respondent; and 13
255255
256256 (2) before the hearing scheduled in the interim protective order, transfer 14
257257 the case file and the return of service, if any, to the Office of the District Court Clerk. 15
258258
259259 [(g)] (H) A law enforcement officer shall: 16
260260
261261 (1) immediately on receipt of a petition and interim protective order, serve 17
262262 them on the respondent named in the order; 18
263263
264264 (2) immediately after service, make a return of service to the 19
265265 commissioner’s office or, if the Office of the District Court Clerk is open for business, to the 20
266266 Clerk; and 21
267267
268268 (3) within two hours after service of the order on the respondent, 22
269269 electronically notify the Department of Public Safety and Correctional Services of the 23
270270 service. 24
271271
272272 [(h)] (I) (1) Except as otherwise provided in this subsection, an interim 25
273273 protective order shall be effective until the earlier of: 26
274274
275275 (i) the temporary protective order hearing under § 4–505 of this 27
276276 subtitle; or 28
277277
278278 (ii) the end of the second business day the Office of the Clerk of the 29
279279 District Court is open following the issuance of an interim protective order. 30
280280
281281 (2) If the court is closed on the day on which the interim protective order is 31
282282 due to expire, the interim protective order shall be effective until the next day on which the 32
283283 court is open, at which time the court shall hold a temporary protective order hearing. 33
284284 HOUSE BILL 1050 7
285285
286286
287287 [(i)] (J) A decision of a commissioner to grant or deny relief under this section 1
288288 is not binding on, and does not affect any power granted to or duty imposed on, a judge of 2
289289 a circuit court or the District Court under any law, including any power to grant or deny a 3
290290 petition for a temporary protective order or final protective order. 4
291291
292292 4–505. 5
293293
294294 (a) (1) If, after a hearing on a petition, whether ex parte or otherwise, a judge 6
295295 finds that there are reasonable grounds to believe that a person eligible for relief has been 7
296296 abused, the judge may enter a temporary protective order to protect any person eligible for 8
297297 relief from abuse. 9
298298
299299 (2) The temporary protective order may order any or all of the following 10
300300 relief: 11
301301
302302 (i) order the respondent to refrain from further abuse or threats of 12
303303 abuse of a person eligible for relief; 13
304304
305305 (ii) order the respondent to refrain from contacting, attempting to 14
306306 contact, or harassing any person eligible for relief; 15
307307
308308 (iii) order the respondent to refrain from entering the residence of a 16
309309 person eligible for relief; 17
310310
311311 (iv) where the person eligible for relief and the respondent are 18
312312 residing together at the time of the alleged abuse, order the respondent to vacate the home 19
313313 immediately and award temporary use and possession of the home to the person eligible 20
314314 for relief or in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, 21
315315 award temporary use and possession of the home to an adult living in the home, provided 22
316316 that the court may not grant an order to vacate and award temporary use and possession 23
317317 of the home to a nonspouse person eligible for relief unless the name of the person eligible 24
318318 for relief appears on the lease or deed to the home or the person eligible for relief has resided 25
319319 in the home with the respondent for a period of at least 90 days within 1 year before the 26
320320 filing of the petition; 27
321321
322322 (v) order the respondent to remain away from the place of 28
323323 employment, school, or temporary residence of a person eligible for relief or home of other 29
324324 family members; 30
325325
326326 (vi) order the respondent to remain away from a child care provider 31
327327 of a person eligible for relief while a child of the person is in the care of the child care 32
328328 provider; 33
329329
330330 (vii) award temporary custody of a minor child of the person eligible 34
331331 for relief and the respondent; AND 35
332332 8 HOUSE BILL 1050
333333
334334
335335 (viii) [order the respondent to surrender to law enforcement 1
336336 authorities any firearm in the respondent’s possession, and to refrain from possession of 2
337337 any firearm, for the duration of the temporary protective order if the abuse consisted of: 3
338338
339339 1. the use of a firearm by the respondent against a person 4
340340 eligible for relief; 5
341341
342342 2. a threat by the respondent to use a firearm against a 6
343343 person eligible for relief; 7
344344
345345 3. serious bodily harm to a person eligible for relief caused by 8
346346 the respondent; or 9
347347
348348 4. a threat by the respondent to cause serious bodily harm to 10
349349 a person eligible for relief; and 11
350350
351351 (ix)] award temporary possession of any pet of the person eligible for 12
352352 relief or the respondent. 13
353353
354354 (3) If the judge awards temporary custody of a minor child under 14
355355 paragraph (2)(vii) of this subsection, the judge may order a law enforcement officer to use 15
356356 all reasonable and necessary force to return the minor child to the custodial parent after 16
357357 service of the temporary protective order. 17
358358
359359 (4) THE TEMPORARY PROTECT IVE ORDER SHALL ORDE R THE 18
360360 RESPONDENT TO SURREN DER TO LAW ENFORCEME NT AUTHORITIES ANY F IREARM 19
361361 IN THE RESPONDENT ’S POSSESSION, AND TO REFRAIN FROM POSSESSION OF ANY 20
362362 FIREARM, FOR THE DURATION OF THE TEMPORARY PROTEC TIVE ORDER. 21
363363
364364 4–506. 22
365365
366366 (f) The final protective order shall order the respondent to surrender to law 23
367367 enforcement authorities any firearm in the respondent’s possession, and to refrain from 24
368368 possession of any firearm, for the duration of the protective order. 25
369369
370370 4–506.1. 26
371371
372372 (A) (1) IF A RESPONDENT IS OR DERED TO SURRENDER A FIREARM UNDER 27
373373 THIS SUBTITLE, THE RESPONDENT SHALL : 28
374374
375375 (I) SURRENDER ALL FIREAR MS IN THE RESPONDENT ’S 29
376376 POSSESSION TO LAW EN FORCEMENT AUTHORITIE S WITHIN 24 HOURS AFTER THE 30
377377 ISSUANCE OF THE ORDE R; AND 31
378378 HOUSE BILL 1050 9
379379
380380
381381 (II) PROVIDE WRITTEN PROO F OF THE SURRENDER T O THE 1
382382 COURT AND THE LOCAL SHERIFF’S OFFICE WITHIN 2 BUSINESS DAYS AFT ER THE 2
383383 SURRENDER . 3
384384
385385 (2) IF THE RESPONDENT DOE S NOT POSSESS A FIRE ARM, THE 4
386386 RESPONDENT SHALL SUB MIT AN AFFIDAVIT TO THE COURT TO THAT EF FECT SIGNED 5
387387 UNDER PENALTY OF PER JURY WITHIN 2 BUSINESS DAYS AFTER THE SURRENDER . 6
388388
389389 (3) IF THE RESPONDENT HAS LAWFULLY SOLD OR TRA NSFERRED A 7
390390 FIREARM WITHIN THE P RIOR 30 DAYS, THE RESPONDENT SHALL SUBMIT THE 8
391391 TRANSFER PAPERWORK T O THE COURT WITHIN 2 BUSINESS DAYS AFTER THE 9
392392 SURRENDER . 10
393393
394394 [(a)] (B) If a respondent surrenders a firearm under [§ 4–505 or § 4–506 of] this 11
395395 subtitle, a law enforcement officer shall: 12
396396
397397 (1) provide to the respondent information on the process for retaking 13
398398 possession of the firearm; and 14
399399
400400 (2) transport and store the firearm in a protective case, if one is available, 15
401401 and in a manner intended to prevent damage to the firearm during the time the protective 16
402402 order is in effect. 17
403403
404404 (C) (1) THE RESPONDENT MAY RE TAKE POSSESSION OF T HE FIREARM AT 18
405405 THE EXPIRATION OF AN INTERIM PROTECTIVE O RDER UNLESS : 19
406406
407407 (I) THE RESPONDENT IS OR DERED TO SURRENDER THE 20
408408 FIREARM IN A TEMPORA RY PROTECTIVE ORDER ISSUED UNDER § 4–505 OF THIS 21
409409 SUBTITLE; OR 22
410410
411411 (II) THE RESPONDENT IS NO T OTHERWISE LEGALLY ENTITLED 23
412412 TO OWN OR POSSESS TH E FIREARM. 24
413413
414414 [(b) (1)] (2) The respondent may retake possession of the firearm at the 25
415415 expiration of a temporary protective order unless: 26
416416
417417 (i) the respondent is ordered to surrender the firearm in a protective 27
418418 order issued under § 4–506 of this subtitle; or 28
419419
420420 (ii) the respondent is not otherwise legally entitled to own or possess 29
421421 the firearm. 30
422422
423423 [(2)] (3) The respondent may retake possession of the firearm at the 31
424424 expiration of a final protective order unless: 32
425425 10 HOUSE BILL 1050
426426
427427
428428 (i) the protective order is extended under § 4–507(a)(2) of this 1
429429 subtitle; or 2
430430
431431 (ii) the respondent is not otherwise legally entitled to own or possess 3
432432 the firearm. 4
433433
434434 [(c)] (D) Notwithstanding any other law, a respondent may transport a firearm 5
435435 if the respondent is carrying a protective order requiring the surrender of the firearm and: 6
436436
437437 (1) the firearm is unloaded; 7
438438
439439 (2) the respondent has notified the law enforcement unit, barracks, or 8
440440 station that the firearm is being transported in accordance with the protective order; and 9
441441
442442 (3) the respondent transports the firearm directly to the law enforcement 10
443443 unit, barracks, or station. 11
444444
445445 (E) A RESPONDENT WHO DOES NOT WISH TO RECOVER A FIREARM 12
446446 SURRENDERED IN ACCOR DANCE WITH A PROTECT IVE ORDER OR WHO IS OTHERWISE 13
447447 PROHIBITED FROM POSS ESSING A FIREARM MAY : 14
448448
449449 (1) SELL OR TRANSFER THE FIREARM OR AMMUNITIO N TO: 15
450450
451451 (I) A LICENSED FIREARM DEALER ; OR 16
452452
453453 (II) ANOTHER PERSON : 17
454454
455455 1. WHO IS NOT PROHIBITE D FROM POSSESSING A 18
456456 FIREARM OR AMMUNITIO N UNDER STATE OR FED ERAL LAW; AND 19
457457
458458 2. WHO DOES NOT LIVE IN THE SAME RESIDENCE A S THE 20
459459 RESPONDENT ; OR 21
460460
461461 (2) REQUEST THE DESTRUCT ION OF THE FIREARM . 22
462462
463463 (F) A LAW ENFORCEMENT AGEN CY THAT RECEIVES A F IREARM 23
464464 SURRENDERED UNDER TH IS SUBTITLE SHALL IS SUE WRITTEN PROOF OF THE 24
465465 SURRENDER TO THE RES PONDENT, INCLUDING: 25
466466
467467 (1) THE NAME OF THE PERS ON SURRENDERING THE FIREARM; 26
468468
469469 (2) THE DATE THE FIREARM WAS SURRENDERED ; AND 27
470470
471471 (3) (I) SUBJECT TO ITEM (II) OF THIS ITEM, THE SERIAL NUMBER , 28
472472 MAKE, AND MODEL OF THE FIR EARM; OR 29 HOUSE BILL 1050 11
473473
474474
475475
476476 (II) FOR A FIREARM MANUFA CTURED PRIOR TO 1968 WITHOUT 1
477477 A SERIAL NUMBER , THE IDENTIFYING MARK S ON THE FIREARM. 2
478478
479479 (G) (1) TO CARRY OUT THE PROV ISIONS OF THIS SUBTI TLE RELATING TO 3
480480 THE SURRENDER OF FIR EARMS, A LAW ENFORCEMENT OF FICER MAY ACCOMPANY 4
481481 THE RESPONDENT OR PR OCEED WITHOUT THE RE SPONDENT’S PRESENCE , IF 5
482482 NECESSARY, TO ANY PLACE WHERE T HE LAW ENFORCEMENT OFFICER HAS 6
483483 PROBABLE CAUSE TO BE LIEVE A FIREARM IN T HE POSSESSION OF THE RESPONDENT 7
484484 IS LOCATED TO ENSURE THAT THE RESPONDENT DOES NOT GAIN ACCESS TO A 8
485485 FIREARM. 9
486486
487487 (2) ON APPLICATION BY THE STATE’S ATTORNEY OR A LAW 10
488488 ENFORCEMENT OFFICER , BASED ON PROBABLE C AUSE TO BELIEVE THAT THE 11
489489 RESPONDENT HAS FAILE D TO SURRENDER A FIR EARM IN ACCORDANCE W ITH THIS 12
490490 SECTION OR IS IN POS SESSION OF OTHER FIR EARMS, THE COURT MAY AUTHOR IZE 13
491491 THE EXECUTION OF A S EARCH WARRANT FOR TH E REMOVAL OF A FIREA RM AT ANY 14
492492 LOCATION AT WHICH TH E COURT HAS PROBABLE C AUSE TO BELIEVE A FI REARM 15
493493 POSSESSED BY THE RES PONDENT IS LOCATED . 16
494494
495495 (3) IF AN ORDER UNDER THI S SUBTITLE PROHIBITS A RESPONDENT 17
496496 FROM RETURNING TO TH E SCENE OF DOMESTIC VIOLENCE OR ANOTHER PLACE 18
497497 WHERE A LAW ENFORCEM ENT OFFICER HAS PROB ABLE CAUSE TO BELIEV E A 19
498498 FIREARM IN THE POSSE SSION OF THE RESPOND ENT IS LOCATED , THE LAW 20
499499 ENFORCEMENT OFFICER SHALL PROCEED WITHOU T THE RESPONDENT ’S PRESENCE. 21
500500
501501 4–509. 22
502502
503503 (a) A person may not fail to comply with the relief granted in an interim protective 23
504504 order under § 4–504.1(c)(1), (2), (3), (4)(i), (7), or (8) OR (D) of this subtitle, a temporary 24
505505 protective order under § 4–505(a)(2)(i), (ii), (iii), (iv), OR (v), [or (viii)] OR (4) of this subtitle, 25
506506 or a final protective order under § 4–506(d)(1), (2), (3), (4), or (5), or (f) of this subtitle. 26
507507
508508 SECTION 2. AND BE IT FURTHER ENACTED, That: 27
509509
510510 (a) There is a Task Force to Study the Use of Firearms in Domestic Violence 28
511511 Situations. 29
512512
513513 (b) The Task Force consists of the following members: 30
514514
515515 (1) two members of the Senate of Maryland, appointed by the President of 31
516516 the Senate; 32
517517
518518 (2) two members of the House of Delegates, appointed by the Speaker of 33
519519 the House; 34 12 HOUSE BILL 1050
520520
521521
522522
523523 (3) the following members, appointed by the Secretary of Public Safety and 1
524524 Correctional Services: 2
525525
526526 (i) one representative of the Maryland Chiefs of Police Association; 3
527527 and 4
528528
529529 (ii) one representative of the Maryland Sheriffs’ Association; and 5
530530
531531 (4) the following members, appointed by the Governor: 6
532532
533533 (i) one representative of a statewide domestic violence awareness 7
534534 group; 8
535535
536536 (ii) one representative of a gun safety advocacy group; and 9
537537
538538 (iii) one representative of the Administrative Office of the Courts. 10
539539
540540 (c) (1) The President of the Senate shall designate one of the members 11
541541 appointed from the Senate as cochair of the Task Force. 12
542542
543543 (2) The Speaker of the House of Delegates shall designate one of the 13
544544 members appointed from the House as cochair of the Task Force. 14
545545
546546 (d) The Center for Firearm Violence Prevention and Intervention shall provide 15
547547 staff for the Task Force. 16
548548
549549 (e) A member of the Task Force: 17
550550
551551 (1) may not receive compensation as a member of the Task Force; but 18
552552
553553 (2) is entitled to reimbursement for expenses under the Standard State 19
554554 Travel Regulations, as provided in the State budget. 20
555555
556556 (f) The Task Force shall examine approaches to: 21
557557
558558 (1) ensure stakeholder accountability in the surrender of firearms used in 22
559559 domestic violence; and 23
560560
561561 (2) create a pilot program in urban, rural, and suburban communities to 24
562562 implement the Task Force’s recommendations. 25
563563
564564 (g) On or before November 15, 2025, the Task Force shall submit a report on its 26
565565 recommendations to the Maryland General Assembly, in accordance with § 2–1257 of the 27
566566 State Government Article. 28
567567 HOUSE BILL 1050 13
568568
569569
570570 SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 1
571571 effect October 1, 2025. 2
572572
573573 SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 3
574574 3 of this Act, this Act shall take effect June 1, 2025. Section 2 of this Act shall remain 4
575575 effective for a period of 6 months and, at the end of November 30, 2025, Section 2 of this 5
576576 Act, with no further action required by the General Assembly, shall be abrogated and of no 6
577577 further force and effect. 7
578578