EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0354*
HOUSE BILL 354
E1 5lr0722
HB 684/24 – JUD
By: Delegate Grammer
Introduced and read first time: January 16, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Prohibitions on Wearing, Carrying, or Transporting a Handgun 2
– Penalties 3
FOR the purpose of establishing a certain intent element for wearing, carrying, or 4
transporting a handgun in certain prohibited places; repealing a certain rebuttable 5
presumption that a person transporting a handgun under certain circumstances 6
transports the handgun knowingly; altering certain penalty provisions related to 7
wearing, carrying, or transporting a handgun in certain prohibited places; and 8
generally relating to wearing, carrying, or transporting a handgun. 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Law 11
Section 4–201 and 4–203 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Law 17
4–201. 18
(a) In this subtitle the following words have the meanings indicated. 19
(b) “Antique firearm” means: 20
(1) a firearm, including a firearm with a matchlock, flintlock, percussion 21
cap, or similar ignition system, manufactured before 1899; or 22
(2) a replica of a firearm described in item (1) of this subsection that: 23 2 HOUSE BILL 354
(i) is not designed or redesigned to use rimfire or conventional 1
centerfire fixed ammunition; or 2
(ii) uses rimfire or conventional centerfire fixed ammunition that is 3
no longer manufactured in the United States and is not readily available in the ordinary 4
channels of commercial trade. 5
(C) “FIREARM” HAS THE MEA NING STATED IN § 4–104 OF THIS TITLE. 6
[(c)] (D) (1) “Handgun” means a pistol, revolver, or other firearm capable of 7
being concealed on the person. 8
(2) “Handgun” includes a short–barreled shotgun and a short–barreled 9
rifle. 10
(3) “Handgun” does not include a shotgun, rifle, or antique firearm. 11
[(d)] (E) “Law enforcement official” means: 12
(1) a full–time member of a police force or other unit of the United States, 13
a state, a county, a municipal corporation, or other political subdivision of a state who is 14
responsible for the prevention and detection of crime and the enforcement of the laws of the 15
United States, a state, a county, a municipal corporation, or other political subdivision of a 16
state; 17
(2) a part–time member of a police force of a county or municipal 18
corporation who is certified by the county or municipal corporation as being trained and 19
qualified in the use of handguns; 20
(3) a fire and explosive investigator of the Prince George’s County 21
Fire/EMS Department as defined in § 2–208.3 of the Criminal Procedure Article; 22
(4) a Montgomery County fire and explosive investigator as defined in § 23
2–208.1 of the Criminal Procedure Article; 24
(5) an Anne Arundel County or City of Annapolis fire and explosive 25
investigator as defined in § 2–208.2 of the Criminal Procedure Article; 26
(6) a Worcester County fire and explosive investigator as defined in § 27
2–208.4 of the Criminal Procedure Article; 28
(7) a City of Hagerstown fire and explosive investigator as defined in § 29
2–208.5 of the Criminal Procedure Article; or 30
(8) a Howard County fire and explosive investigator as defined in § 2–208.6 31
of the Criminal Procedure Article. 32 HOUSE BILL 354 3
[(e)] (F) “Rifle” means a weapon that is: 1
(1) designed or redesigned, made or remade, and intended to be fired from 2
the shoulder; and 3
(2) designed or redesigned, and made or remade to use the energy of the 4
explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore 5
for each single pull of the trigger. 6
[(f)] (G) “Short–barreled rifle” means: 7
(1) a rifle that has one or more barrels less than 16 inches long; or 8
(2) a weapon that has an overall length of less than 26 inches and that was 9
made from a rifle, whether by alteration, modification, or otherwise. 10
[(g)] (H) “Short–barreled shotgun” means: 11
(1) a shotgun that has one or more barrels less than 18 inches long; or 12
(2) a weapon that has an overall length of less than 26 inches long and was 13
made from a shotgun, whether by alteration, modification, or otherwise. 14
[(h)] (I) “Shotgun” means a weapon that is: 15
(1) designed or redesigned, made or remade, and intended to be fired from 16
the shoulder; and 17
(2) designed or redesigned and made or remade to use the energy of the 18
explosive in a fixed shotgun shell to fire through a smooth bore one or more projectiles for 19
each pull of the trigger. 20
[(i)] (J) “Vehicle” means a motor vehicle as defined in Title 11, Subtitle 1 of the 21
Transportation Article, a train, an aircraft, or a vessel. 22
4–203. 23
(a) [(1)] Except as provided in subsection (b) of this section, a person may not 24
KNOWINGLY : 25
[(i)] (1) wear, carry, or transport a handgun, whether concealed or 26
open, on [or about] the person; 27
[(ii)] (2) wear, carry, or [knowingly] transport a handgun, whether 28
concealed or open, in a vehicle traveling on a road or parking lot generally used by the 29 4 HOUSE BILL 354
public, highway, waterway, or airway of the State; 1
[(iii)] (3) violate item [(i)] (1) or [(ii)] (2) of this [paragraph] 2
SUBSECTION while on public school property in the State; 3
[(iv)] (4) violate item [(i)] (1) or [(ii)] (2) of this [paragraph] 4
SUBSECTION with the deliberate purpose of injuring or killing another person; or 5
[(v)] (5) violate item [(i)] (1) or [(ii)] (2) of this [paragraph] 6
SUBSECTION with a handgun loaded with ammunition. 7
[(2) There is a rebuttable presumption that a person who transports a 8
handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.] 9
(b) This section does not prohibit: 10
(1) the wearing, carrying, or transporting of a handgun by a person who is 11
authorized at the time and under the circumstances to wear, carry, or transport the 12
handgun as part of the person’s official equipment, and is: 13
(i) a law enforcement official of the United States, the State, or a 14
county or city of the State; 15
(ii) a member of the armed forces of the United States or of the 16
National Guard on duty or traveling to or from duty; 17
(iii) a law enforcement official of another state or subdivision of 18
another state temporarily in this State on official business; 19
(iv) a correctional officer or warden of a correctional facility in the 20
State; 21
(v) a sheriff or full–time assistant or deputy sheriff of the State; or 22
(vi) a temporary or part–time sheriff’s deputy; 23
(2) the wearing, carrying, or transporting of a handgun by a person to 24
whom a permit to wear, carry, or transport the handgun has been issued under Title 5, 25
Subtitle 3 of the Public Safety Article; 26
(3) the carrying of a handgun on the person or in a vehicle while the person 27
is transporting the handgun to or from the place of legal purchase or sale, or to or from a 28
bona fide repair shop, or between bona fide residences of the person, or between the bona 29
fide residence and place of business of the person, if the business is operated and owned 30
substantially by the person if each handgun is unloaded and carried in an enclosed case or 31
an enclosed holster; 32 HOUSE BILL 354 5
(4) the wearing, carrying, or transporting by a person of a handgun used in 1
connection with an organized military activity, a target shoot, formal or informal target 2
practice, sport shooting event, hunting, a Department of Natural Resources–sponsored 3
firearms and hunter safety class, trapping, or a dog obedience training class or show, while 4
the person is engaged in, on the way to, or returning from that activity if each handgun is 5
unloaded and carried in an enclosed case or an enclosed holster; 6
(5) the moving by a bona fide gun collector of part or all of the collector’s 7
gun collection from place to place for public or private exhibition if each handgun is 8
unloaded and carried in an enclosed case or an enclosed holster; 9
(6) the wearing, carrying, or transporting of a handgun by a person on real 10
estate that the person owns or leases or where the person resides or within the confines of 11
a business establishment that the person owns or leases; 12
(7) the wearing, carrying, or transporting of a handgun by a supervisory 13
employee: 14
(i) in the course of employment; 15
(ii) within the confines of the business establishment in which the 16
supervisory employee is employed; and 17
(iii) when so authorized by the owner or manager of the business 18
establishment; 19
(8) the carrying or transporting of a signal pistol or other visual distress 20
signal approved by the United States Coast Guard in a vessel on the waterways of the State 21
or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed 22
case, in a vehicle; or 23
(9) the wearing, carrying, or transporting of a handgun by a person who is 24
carrying a court order requiring the surrender of the handgun, if: 25
(i) the handgun is unloaded; 26
(ii) the person has notified the law enforcement unit, barracks, or 27
station that the handgun is being transported in accordance with the court order; and 28
(iii) the person transports the handgun directly to the law 29
enforcement unit, barracks, or station. 30
(c) (1) A person who violates this section is guilty of a misdemeanor and on 31
conviction is subject to the penalties provided in this subsection. 32
(2) If the person has not previously been convicted under this section, § 33 6 HOUSE BILL 354
4–204 of this subtitle, or § 4–101 or § 4–102 of this title: 1
(i) except as provided in [item] ITEMS (ii) AND (III) of this 2
paragraph, the person is subject to imprisonment for not less than 30 days and not 3
exceeding 5 years or a fine of not less than $250 and not exceeding $2,500 or both; [or] 4
(ii) if the person violates subsection [(a)(1)(iii)] (A)(3) of this section, 5
the person shall be sentenced to imprisonment for not less than 90 days; OR 6
(III) IF THE PERSON VIOLAT ES SUBSECTION (A)(1), (2), OR (5) OF 7
THIS SECTION THE PER SON SHALL BE SUBJECT TO A FINE NOT EXCEED ING $1,000 8
IF THE PERSON IS NOT OTHERWISE PROHIBITED BY LAW FROM POSSESSI NG A 9
FIREARM. 10
(3) (i) If the person has previously been convicted once under this 11
section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title: 12
1. except as provided in item 2 of this subparagraph, the 13
person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or 14
2. if the person violates subsection [(a)(1)(iii)] (A)(3) of this 15
section, the person is subject to imprisonment for not less than 3 years and not exceeding 16
10 years. 17
(ii) 1. Except as provided in subsubparagraph 2 of this 18
subparagraph, the court may not impose less than the applicable minimum sentence 19
provided under subparagraph (i) of this paragraph. 20
2. If the person violates subsection [(a)(1)(v)] (A)(5) of this 21
section, the court may not suspend any part of or impose less than the applicable mandatory 22
minimum sentence provided under subparagraph (i) of this paragraph. 23
(iii) Except as provided in § 4–305 of the Correctional Services 24
Article, if the person violates subsection [(a)(1)(v)] (A)(5) of this section, the person is not 25
eligible for parole during the mandatory minimum sentence. 26
(iv) A mandatory minimum sentence under subparagraph (ii)2 of this 27
paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing 28
at least 30 days before trial of the State’s intention to seek the mandatory minimum 29
sentence. 30
(4) (i) If the person has previously been convicted more than once under 31
this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title, or of any combination 32
of these crimes: 33
1. except as provided in item 2 of this subparagraph, the 34 HOUSE BILL 354 7
person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or 1
2. A. if the person violates subsection [(a)(1)(iii)] (A)(3) 2
of this section, the person is subject to imprisonment for not less than 5 years and not 3
exceeding 10 years; or 4
B. if the person violates subsection [(a)(1)(iv)] (A)(4) of this 5
section, the person is subject to imprisonment for not less than 5 years and not exceeding 6
10 years. 7
(ii) 1. Except as provided in subsubparagraph 2 of this 8
subparagraph, the court may not impose less than the applicable minimum sentence 9
provided under subparagraph (i) of this paragraph. 10
2. If the person violates subsection [(a)(1)(v)] (A)(5) of this 11
section, the court may not suspend any part of or impose less than the applicable mandatory 12
minimum sentence provided under subparagraph (i) of this paragraph. 13
(iii) Except as provided in § 4–305 of the Correctional Services 14
Article, if the person violates subsection [(a)(1)(v)] (A)(5) of this section, the person is not 15
eligible for parole during the mandatory minimum sentence. 16
(iv) A mandatory minimum sentence under subparagraph (ii)2 of this 17
paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing 18
at least 30 days before trial of the State’s intention to seek the mandatory minimum 19
sentence. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 21
October 1, 2025. 22