EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0308*
HOUSE BILL 308
E1 5lr1553
HB 346/24 – JUD CF 5lr0721
By: Delegates Bartlett and S. Johnson
Introduced and read first time: January 10, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Exception to Armed Trespass Prohibition – Retired Law 2
Enforcement Officials 3
FOR the purpose of establishing an exception to the prohibition against entering or 4
trespassing on real property while wearing, carrying, or transporting a firearm for 5
certain law enforcement officials under certain circumstances; and generally relating 6
to an exception to the prohibition against trespassing while wearing, carrying, or 7
transporting firearms. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Law 10
Section 6–411 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Law 16
6–411. 17
(a) (1) In this section the following words have the meanings indicated. 18
(2) (i) “Dwelling” means a building or part of a building that provides 19
living or sleeping facilities for one or more individuals. 20
(ii) “Dwelling” does not include: 21
1. common elements of a condominium, as defined in § 22
11–101 of the Real Property Article; 23 2 HOUSE BILL 308
2. property of a cooperative housing corporation other than a 1
unit as defined in § 5–6B–01 of the Corporations and Associations Article; or 2
3. common areas of a multifamily dwelling as defined in § 3
12–203 of the Public Safety Article. 4
(3) “Firearm” has the meaning stated in § 4–104 of this article. 5
(4) “Law enforcement official” has the meaning stated in § 4–201 of this 6
article. 7
(5) “Police officer” has the meaning stated in § 3–201 of the Public Safety 8
Article. 9
(6) (i) “Property” means a building. 10
(ii) “Property” does not include the land adjacent to a building. 11
(b) This section does not apply to: 12
(1) a law enforcement official or police officer; 13
(2) an on–duty employee of a law enforcement agency authorized by the 14
agency to possess firearms on duty or whose duty assignment involves the possession of 15
firearms; 16
(3) a member of the armed forces of the United States, the National Guard, 17
or the uniformed services on duty or traveling to or from duty; 18
(4) a correctional officer or warden of a correctional facility in the State; 19
(5) the wearing, carrying, or transporting of a firearm on a portion of real 20
property subject to an easement, a right–of–way, a servitude, or any other property interest 21
that allows public access on or through the real property; [or] 22
(6) the wearing, carrying, or transporting of a firearm on a portion of real 23
property subject to an easement, a right–of–way, a servitude, or any other property interest 24
allowing access on or through the real property by: 25
(i) the holder of the easement, right–of–way, servitude, or other 26
property interest; or 27
(ii) a guest or assignee of the holder of the easement, right–of–way, 28
servitude, or other property interest; OR 29
HOUSE BILL 308 3
(7) A PERSON WHO HAS RET IRED AS A LAW ENFORC EMENT OFFICIAL 1
IN GOOD STANDING FRO M A LAW ENFORCEMENT AGENCY OF THE UNITED STATES, 2
THE STATE OR ANOTHER STAT E, OR A LOCAL UNIT IN THE STATE OR ANOTHER 3
STATE WHO POSSESSES A FIREARM, IF: 4
(I) 1. THE PERSON IS CARRYI NG THE PERSON ’S BADGE OR 5
CREDENTIAL IN COMPLI ANCE WITH THE REQUIR EMENTS OF THE BADGE OR 6
CREDENTIAL; 7
2. THE FIREARM CARRIED OR POSSESSED BY THE 8
PERSON IS CONCEALED FROM VIEW UNDER OR W ITHIN AN ARTICLE OF THE 9
PERSON’S CLOTHING; AND 10
3. THE PERSON IS AUTHOR IZED TO CARRY A HAND GUN 11
UNDER THE LAWS OF TH E STATE OR THE UNITED STATES; OR 12
(II) 1. THE PERSON POSSESSES A VALID PE RMIT TO WEAR , 13
CARRY, OR TRANSPORT A HANDG UN ISSUED UNDER TITLE 5, SUBTITLE 3 OF THE 14
PUBLIC SAFETY ARTICLE; AND 15
2. THE FIREARM CARRIED OR POSSESSED BY THE 16
PERSON IS CONCEALED FROM VIEW UNDER OR W ITHIN AN ARTICLE OF THE 17
PERSON’S CLOTHING. 18
(c) A person wearing, carrying, or transporting a firearm may not enter or 19
trespass in the dwelling of another unless the owner or the owner’s agent has given express 20
permission, either to the person or to the public generally, to wear, carry, or transport a 21
firearm inside the dwelling. 22
(d) A person wearing, carrying, or transporting a firearm may not: 23
(1) enter or trespass on property unless the owner or the owner’s agent has 24
posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or 25
transport a firearm on the property; or 26
(2) enter or trespass on property unless the owner or the owner’s agent has 27
given the person express permission to wear, carry, or transport a firearm on the property. 28
(e) A person who willfully violates this section is guilty of a misdemeanor and on 29
conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 30
or both. 31
(f) (1) A conviction under this section may not merge with a conviction for any 32
other crime based on the act establishing the violation of this section. 33
4 HOUSE BILL 308
(2) A sentence imposed under this section may be imposed separate from 1
and consecutive to or concurrent with a sentence for any crime based on the act establishing 2
the violation of this section. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5