EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0592*
HOUSE BILL 592
E4 5lr2135
CF SB 509
By: Delegates Phillips, Atterbeary, Guzzone, Lehman, Patterson, Ruff, Ruth,
Taveras, White Holland, and Woods
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: February 27, 2025
CHAPTER ______
AN ACT concerning 1
Prohibited Possession of Firearms – Assisted Outpatient Treatment 2
Respondents 3
FOR the purpose of prohibiting a person from possessing a regulated firearm, rifle, or 4
shotgun if the person is currently a respondent subject to a court order to comply 5
with certain assisted outpatient treatment; requiring a court to promptly report 6
certain information through a certain data portal if the court orders a person to 7
comply with certain assisted outpatient treatment; and generally relating to persons 8
prohibited from possessing regulated firearms, rifles, and shotguns. 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 10–6A–02(b) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
(As enacted by Chapter 704 of the Acts of the General Assembly of 2024) 15
BY repealing and reenacting, with amendments, 16
Article – Public Safety 17
Section 5–133(b), 5–133.2, and 5–205(b) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2024 Supplement) 20
2 HOUSE BILL 592
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
10–6A–02. 4
(b) This subtitle may not be construed to abridge or modify any civil right of the 5
respondent, including: 6
(1) Any civil service ranking or appointment; 7
(2) The right to apply for voluntary admission to a facility under § 10–609 8
of this title; and 9
(3) [Any] EXCEPT AS PROVIDED IN §§ 5–133 AND 5–205 OF THE 10
PUBLIC SAFETY ARTICLE, ANY right relating to a license, permit, certification, privilege, 11
or benefit under any law. 12
Article – Public Safety 13
5–133. 14
(b) Subject to § 5–133.3 of this subtitle, a person may not possess a regulated 15
firearm if the person: 16
(1) has been convicted of a disqualifying crime; 17
(2) has been convicted of a violation classified as a common law crime and 18
received a term of imprisonment of more than 2 years; 19
(3) (i) has been convicted on or after October 1, 2023, of a second or 20
subsequent violation of § 4–104 of the Criminal Law Article; or 21
(ii) has been convicted on or after October 1, 2023, of a violation of § 22
4–104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by 23
a minor causing death or serious bodily injury to the minor or another person; 24
(4) subject to subsection (b–1) of this section, is on supervised probation 25
after being convicted: 26
(i) of a crime punishable by imprisonment for 1 year or more; 27
(ii) for a violation of § 21–902(b) or (c) of the Transportation Article; 28
or 29
HOUSE BILL 592 3
(iii) for violating a protective order under § 4–509 of the Family Law 1
Article; 2
(5) is a fugitive from justice; 3
(6) is a habitual drunkard; 4
(7) is addicted to a controlled dangerous substance or is a habitual user; 5
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 6
– General Article and has a history of violent behavior against the person or another; 7
(9) has been found incompetent to stand trial under § 3–106 of the Criminal 8
Procedure Article; 9
(10) has been found not criminally responsible under § 3–110 of the 10
Criminal Procedure Article; 11
(11) has been voluntarily admitted for more than 30 consecutive days to a 12
facility as defined in § 10–101 of the Health – General Article; 13
(12) has been involuntarily committed to a facility as defined in § 10–101 of 14
the Health – General Article; 15
(13) is under the protection of a guardian appointed by a court under § 16
13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 17
appointment of a guardian is solely a result of a physical disability; 18
(14) except as provided in subsection (e) of this section, is a respondent 19
against whom: 20
(i) a current non ex parte civil protective order has been entered 21
under § 4–506 of the Family Law Article; or 22
(ii) an order for protection, as defined in § 4–508.1 of the Family Law 23
Article, has been issued by a court of another state or a Native American tribe and is in 24
effect; [or] 25
(15) if under the age of 30 years at the time of possession, has been 26
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 27
committed by an adult; OR 28
(16) IS CURRENTLY A RESPONDENT SUBJECT TO A COURT O RDER TO 29
COMPLY WITH ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THE 30
HEALTH – GENERAL ARTICLE. 31
4 HOUSE BILL 592
5–133.2. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “Facility” has the meaning stated in § 10–101 of the Health – General 3
Article. 4
(3) “NICS Index” means the Federal Bureau of Investigation’s National 5
Instant Criminal Background Check System. 6
(b) (1) A court shall promptly report information required in paragraph (2) of 7
this subsection through a secure data portal approved by the Department of Public Safety 8
and Correctional Services if a court: 9
(i) determines that a person is not criminally responsible under § 10
3–110 of the Criminal Procedure Article; 11
(ii) finds that a person is incompetent to stand trial under § 3–106 of 12
the Criminal Procedure Article; [or] 13
(iii) finds under § 13–201(c) or § 13–705 of the Estates and Trusts 14
Article that a person should be under the protection of a guardian, except for cases in which 15
the appointment of a guardian is solely a result of a physical disability; OR 16
(IV) ORDERS A PERSON TO COMPLY WITH ASSISTED OUTPATIENT 17
TREATMENT UNDER § 10–6A–08 OF THE HEALTH – GENERAL ARTICLE. 18
(2) On a finding or determination under paragraph (1) of this subsection, 19
the following information shall be reported to the NICS Index: 20
(i) the name and identifying information of the person; and 21
(ii) the date of the determination or finding. 22
(c) (1) A facility shall report information required in paragraph (2) of this 23
subsection regarding a person admitted to the facility under § 10–609 of the Health – 24
General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health 25
– General Article to the NICS Index through a secure data portal approved by the 26
Department of Public Safety and Correctional Services, if: 27
(i) the person has been admitted to a facility for 30 consecutive days 28
or more; or 29
(ii) the person has been involuntarily committed to a facility. 30
(2) On admission to a facility the following information shall be reported to 31
the NICS Index: 32 HOUSE BILL 592 5
(i) the name and identifying information of the person admitted or 1
committed; 2
(ii) the date the person was admitted or committed to the facility; 3
and 4
(iii) the name of the facility to which the person was admitted or 5
committed. 6
5–205. 7
(b) A person may not possess a rifle or shotgun if the person: 8
(1) has been convicted of a disqualifying crime as defined in § 5–101 of this 9
title; 10
(2) has been convicted of a violation classified as a crime under common 11
law and received a term of imprisonment of more than 2 years; 12
(3) is a fugitive from justice; 13
(4) is a habitual drunkard as defined in § 5–101 of this title; 14
(5) is addicted to a controlled dangerous substance or is a habitual user as 15
defined in § 5–101 of this title; 16
(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 17
– General Article and has a history of violent behavior against the person or another; 18
(7) has been found incompetent to stand trial under § 3–106 of the Criminal 19
Procedure Article; 20
(8) has been found not criminally responsible under § 3–110 of the 21
Criminal Procedure Article; 22
(9) has been voluntarily admitted for more than 30 consecutive days to a 23
facility as defined in § 10–101 of the Health – General Article; 24
(10) has been involuntarily committed to a facility as defined in § 10–101 of 25
the Health – General Article; 26
(11) is under the protection of a guardian appointed by a court under § 27
13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 28
appointment of a guardian is solely a result of a physical disability; 29
6 HOUSE BILL 592
(12) except as provided in subsection (c) of this section, is a respondent 1
against whom: 2
(i) a current non ex parte civil protective order has been entered 3
under § 4–506 of the Family Law Article; or 4
(ii) an order for protection, as defined in § 4–508.1 of the Family Law 5
Article, has been issued by a court of another state or a Native American tribe and is in 6
effect; [or] 7
(13) if under the age of 30 years at the time of possession, has been 8
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 9
committed by an adult; OR 10
(14) IS CURRENTLY A RESPO NDENT SUBJECT TO A C OURT ORDER TO 11
COMPLY WITH ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THE 12
HEALTH – GENERAL ARTICLE. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
1, 2025, contingent on the taking effect of Chapter 704 of the Acts of the General Assembly 15
of 2024, and if Chapter 704 does not become effective, this Act, with no further action 16
required by the General Assembly, shall be null and void. This Act shall remain effective 17
until the taking effect of the termination provision specified in Section 3 of Chapter 704 of 18
the Acts of the General Assembly of 2024. If that termination provision takes effect, this 19
Act shall be abrogated and of no further force and effect. This Act may not be interpreted 20
to have any effect on that termination provision. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.