MD
Maryland House Bill HB592

Maryland 2025 Regular Session

Maryland House Bill HB592 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0592*
96
107 HOUSE BILL 592
118 E4 5lr2135
129 CF SB 509
1310 By: Delegates Phillips, Atterbeary, Guzzone, Lehman, Patterson, Ruff, Ruth,
1411 Taveras, White Holland, and Woods
1512 Introduced and read first time: January 23, 2025
1613 Assigned to: Judiciary
17-Committee Report: Favorable
18-House action: Adopted
19-Read second time: February 27, 2025
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Prohibited Possession of Firearms – Assisted Outpatient Treatment 2
2620 Respondents 3
2721
2822 FOR the purpose of prohibiting a person from possessing a regulated firearm, rifle, or 4
2923 shotgun if the person is currently a respondent subject to a court order to comply 5
3024 with certain assisted outpatient treatment; requiring a court to promptly report 6
3125 certain information through a certain data portal if the court orders a person to 7
3226 comply with certain assisted outpatient treatment; and generally relating to persons 8
3327 prohibited from possessing regulated firearms, rifles, and shotguns. 9
3428
3529 BY repealing and reenacting, with amendments, 10
3630 Article – Health – General 11
3731 Section 10–6A–02(b) 12
3832 Annotated Code of Maryland 13
3933 (2023 Replacement Volume and 2024 Supplement) 14
4034 (As enacted by Chapter 704 of the Acts of the General Assembly of 2024) 15
4135
4236 BY repealing and reenacting, with amendments, 16
4337 Article – Public Safety 17
4438 Section 5–133(b), 5–133.2, and 5–205(b) 18
4539 Annotated Code of Maryland 19
4640 (2022 Replacement Volume and 2024 Supplement) 20
41+
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
43+That the Laws of Maryland read as follows: 22
44+
45+Article – Health – General 23
46+
47+10–6A–02. 24
4748 2 HOUSE BILL 592
4849
4950
50- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51-That the Laws of Maryland read as follows: 2
51+ (b) This subtitle may not be construed to abridge or modify any civil right of the 1
52+respondent, including: 2
5253
53-Article – Health – General 3
54+ (1) Any civil service ranking or appointment; 3
5455
55-10–6A–02. 4
56+ (2) The right to apply for voluntary admission to a facility under § 10–609 4
57+of this title; and 5
5658
57- (b) This subtitle may not be construed to abridge or modify any civil right of the 5
58-respondent, including: 6
59+ (3) [Any] EXCEPT AS PROVIDED IN §§ 5–133 AND 5–205 OF THE 6
60+PUBLIC SAFETY ARTICLE, ANY right relating to a license, permit, certification, privilege, 7
61+or benefit under any law. 8
5962
60- (1) Any civil service ranking or appointment; 7
63+Article – Public Safety 9
6164
62- (2) The right to apply for voluntary admission to a facility under § 10–609 8
63-of this title; and 9
65+5–133. 10
6466
65- (3) [Any] EXCEPT AS PROVIDED IN §§ 5–133 AND 5–205 OF THE 10
66-PUBLIC SAFETY ARTICLE, ANY right relating to a license, permit, certification, privilege, 11
67-or benefit under any law. 12
67+ (b) Subject to § 5–133.3 of this subtitle, a person may not possess a regulated 11
68+firearm if the person: 12
6869
69-Article – Public Safety 13
70+ (1) has been convicted of a disqualifying crime; 13
7071
71-5–133. 14
72+ (2) has been convicted of a violation classified as a common law crime and 14
73+received a term of imprisonment of more than 2 years; 15
7274
73- (b) Subject to § 5–133.3 of this subtitle, a person may not possess a regulated 15
74-firearm if the person: 16
75+ (3) (i) has been convicted on or after October 1, 2023, of a second or 16
76+subsequent violation of § 4–104 of the Criminal Law Article; or 17
7577
76- (1) has been convicted of a disqualifying crime; 17
78+ (ii) has been convicted on or after October 1, 2023, of a violation of § 18
79+4–104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by 19
80+a minor causing death or serious bodily injury to the minor or another person; 20
7781
78- (2) has been convicted of a violation classified as a common law crime and 18
79-received a term of imprisonment of more than 2 years; 19
82+ (4) subject to subsection (b–1) of this section, is on supervised probation 21
83+after being convicted: 22
8084
81- (3) (i) has been convicted on or after October 1, 2023, of a second or 20
82-subsequent violation of § 4–104 of the Criminal Law Article; or 21
85+ (i) of a crime punishable by imprisonment for 1 year or more; 23
8386
84- (ii) has been convicted on or after October 1, 2023, of a violation of § 22
85-4–104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by 23
86-a minor causing death or serious bodily injury to the minor or another person; 24
87+ (ii) for a violation of § 21–902(b) or (c) of the Transportation Article; 24
88+or 25
8789
88- (4) subject to subsection (b–1) of this section, is on supervised probation 25
89-after being convicted: 26
90+ (iii) for violating a protective order under § 4–509 of the Family Law 26
91+Article; 27
9092
91- (i) of a crime punishable by imprisonment for 1 year or more; 27
93+ (5) is a fugitive from justice; 28
9294
93- (ii) for a violation of § 21–902(b) or (c) of the Transportation Article; 28
94-or 29
95- HOUSE BILL 592 3
95+ (6) is a habitual drunkard; 29
96+
97+ (7) is addicted to a controlled dangerous substance or is a habitual user; 30 HOUSE BILL 592 3
9698
9799
98- (iii) for violating a protective order under § 4–509 of the Family Law 1
99-Article; 2
100100
101- (5) is a fugitive from justice; 3
101+ (8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 1
102+– General Article and has a history of violent behavior against the person or another; 2
102103
103- (6) is a habitual drunkard; 4
104+ (9) has been found incompetent to stand trial under § 3–106 of the Criminal 3
105+Procedure Article; 4
104106
105- (7) is addicted to a controlled dangerous substance or is a habitual user; 5
107+ (10) has been found not criminally responsible under § 3–110 of the 5
108+Criminal Procedure Article; 6
106109
107- (8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 6
108-– General Article and has a history of violent behavior against the person or another; 7
110+ (11) has been voluntarily admitted for more than 30 consecutive days to a 7
111+facility as defined in § 10–101 of the Health – General Article; 8
109112
110- (9) has been found incompetent to stand trial under § 3–106 of the Criminal 8
111-Procedure Article; 9
113+ (12) has been involuntarily committed to a facility as defined in § 10–101 of 9
114+the Health – General Article; 10
112115
113- (10) has been found not criminally responsible under § 3–110 of the 10
114-Criminal Procedure Article; 11
116+ (13) is under the protection of a guardian appointed by a court under § 11
117+13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 12
118+appointment of a guardian is solely a result of a physical disability; 13
115119
116- (11) has been voluntarily admitted for more than 30 consecutive days to a 12
117-facility as defined in § 10–101 of the Health – General Article; 13
120+ (14) except as provided in subsection (e) of this section, is a respondent 14
121+against whom: 15
118122
119- (12) has been involuntarily committed to a facility as defined in § 10–101 of 14
120-the Health – General Article; 15
123+ (i) a current non ex parte civil protective order has been entered 16
124+under § 4–506 of the Family Law Article; or 17
121125
122- (13) is under the protection of a guardian appointed by a court under § 16
123-13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 17
124-appointment of a guardian is solely a result of a physical disability; 18
126+ (ii) an order for protection, as defined in § 4–508.1 of the Family Law 18
127+Article, has been issued by a court of another state or a Native American tribe and is in 19
128+effect; [or] 20
125129
126- (14) except as provided in subsection (e) of this section, is a respondent 19
127-against whom: 20
130+ (15) if under the age of 30 years at the time of possession, has been 21
131+adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 22
132+committed by an adult; OR 23
128133
129- (i) a current non ex parte civil protective order has been entered 21
130-under § 4–506 of the Family Law Article; or 22
134+ (16) IS CURRENTLY A RESPONDEN T SUBJECT TO A COURT O RDER TO 24
135+COMPLY WITH ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THE 25
136+HEALTH – GENERAL ARTICLE. 26
131137
132- (ii) an order for protection, as defined in § 4–508.1 of the Family Law 23
133-Article, has been issued by a court of another state or a Native American tribe and is in 24
134-effect; [or] 25
138+5–133.2. 27
135139
136- (15) if under the age of 30 years at the time of possession, has been 26
137-adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 27
138-committed by an adult; OR 28
140+ (a) (1) In this section the following words have the meanings indicated. 28
139141
140- (16) IS CURRENTLY A RESPONDENT SUBJECT TO A COURT O RDER TO 29
141-COMPLY WITH ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THE 30
142-HEALTH – GENERAL ARTICLE. 31
142+ (2) “Facility” has the meaning stated in § 10–101 of the Health – General 29
143+Article. 30
143144 4 HOUSE BILL 592
144145
145146
146-5–133.2. 1
147+ (3) “NICS Index” means the Federal Bureau of Investigation’s National 1
148+Instant Criminal Background Check System. 2
147149
148- (a) (1) In this section the following words have the meanings indicated. 2
150+ (b) (1) A court shall promptly report information required in paragraph (2) of 3
151+this subsection through a secure data portal approved by the Department of Public Safety 4
152+and Correctional Services if a court: 5
149153
150- (2) “Facility” has the meaning stated in § 10–101 of the Health – General 3
151-Article. 4
154+ (i) determines that a person is not criminally responsible under § 6
155+3–110 of the Criminal Procedure Article; 7
152156
153- (3) “NICS Index” means the Federal Bureau of Investigation’s National 5
154-Instant Criminal Background Check System. 6
157+ (ii) finds that a person is incompetent to stand trial under § 3–106 of 8
158+the Criminal Procedure Article; [or] 9
155159
156- (b) (1) A court shall promptly report information required in paragraph (2) of 7
157-this subsection through a secure data portal approved by the Department of Public Safety 8
158-and Correctional Services if a court: 9
160+ (iii) finds under § 13–201(c) or § 13–705 of the Estates and Trusts 10
161+Article that a person should be under the protection of a guardian, except for cases in which 11
162+the appointment of a guardian is solely a result of a physical disability; OR 12
159163
160- (i) determines that a person is not criminally responsible under § 10
161-3–110 of the Criminal Procedure Article; 11
164+ (IV) ORDERS A PERSON TO COMPLY WITH ASSISTED OUTPATIENT 13
165+TREATMENT UNDER § 10–6A–08 OF THE HEALTH – GENERAL ARTICLE. 14
162166
163- (ii) finds that a person is incompetent to stand trial under § 3–106 of 12
164-the Criminal Procedure Article; [or] 13
167+ (2) On a finding or determination under paragraph (1) of this subsection, 15
168+the following information shall be reported to the NICS Index: 16
165169
166- (iii) finds under § 13–201(c) or § 13–705 of the Estates and Trusts 14
167-Article that a person should be under the protection of a guardian, except for cases in which 15
168-the appointment of a guardian is solely a result of a physical disability; OR 16
170+ (i) the name and identifying information of the person; and 17
169171
170- (IV) ORDERS A PERSON TO COMPLY WITH ASSISTED OUTPATIENT 17
171-TREATMENT UNDER § 10–6A–08 OF THE HEALTH – GENERAL ARTICLE. 18
172+ (ii) the date of the determination or finding. 18
172173
173- (2) On a finding or determination under paragraph (1) of this subsection, 19
174-the following information shall be reported to the NICS Index: 20
174+ (c) (1) A facility shall report information required in paragraph (2) of this 19
175+subsection regarding a person admitted to the facility under § 10–609 of the Health – 20
176+General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health 21
177+– General Article to the NICS Index through a secure data portal approved by the 22
178+Department of Public Safety and Correctional Services, if: 23
175179
176- (i) the name and identifying information of the person; and 21
180+ (i) the person has been admitted to a facility for 30 consecutive days 24
181+or more; or 25
177182
178- (ii) the date of the determination or finding. 22
183+ (ii) the person has been involuntarily committed to a facility. 26
179184
180- (c) (1) A facility shall report information required in paragraph (2) of this 23
181-subsection regarding a person admitted to the facility under § 10–609 of the Health – 24
182-General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health 25
183-– General Article to the NICS Index through a secure data portal approved by the 26
184-Department of Public Safety and Correctional Services, if: 27
185+ (2) On admission to a facility the following information shall be reported to 27
186+the NICS Index: 28
185187
186- (i) the person has been admitted to a facility for 30 consecutive days 28
187-or more; or 29
188+ (i) the name and identifying information of the person admitted or 29
189+committed; 30
188190
189- (ii) the person has been involuntarily committed to a facility. 30
190-
191- (2) On admission to a facility the following information shall be reported to 31
192-the NICS Index: 32 HOUSE BILL 592 5
191+ (ii) the date the person was admitted or committed to the facility; 31
192+and 32
193+ HOUSE BILL 592 5
193194
194195
196+ (iii) the name of the facility to which the person was admitted or 1
197+committed. 2
195198
196- (i) the name and identifying information of the person admitted or 1
197-committed; 2
199+5–205. 3
198200
199- (ii) the date the person was admitted or committed to the facility; 3
200-and 4
201+ (b) A person may not possess a rifle or shotgun if the person: 4
201202
202- (iii) the name of the facility to which the person was admitted or 5
203-committed. 6
203+ (1) has been convicted of a disqualifying crime as defined in § 5–101 of this 5
204+title; 6
204205
205-5–205. 7
206+ (2) has been convicted of a violation classified as a crime under common 7
207+law and received a term of imprisonment of more than 2 years; 8
206208
207- (b) A person may not possess a rifle or shotgun if the person: 8
209+ (3) is a fugitive from justice; 9
208210
209- (1) has been convicted of a disqualifying crime as defined in § 5–101 of this 9
210-title; 10
211+ (4) is a habitual drunkard as defined in § 5–101 of this title; 10
211212
212- (2) has been convicted of a violation classified as a crime under common 11
213-law and received a term of imprisonment of more than 2 years; 12
213+ (5) is addicted to a controlled dangerous substance or is a habitual user as 11
214+defined in § 5–101 of this title; 12
214215
215- (3) is a fugitive from justice; 13
216+ (6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 13
217+– General Article and has a history of violent behavior against the person or another; 14
216218
217- (4) is a habitual drunkard as defined in § 5–101 of this title; 14
219+ (7) has been found incompetent to stand trial under § 3–106 of the Criminal 15
220+Procedure Article; 16
218221
219- (5) is addicted to a controlled dangerous substance or is a habitual user as 15
220-defined in § 5–101 of this title; 16
222+ (8) has been found not criminally responsible under § 3–110 of the 17
223+Criminal Procedure Article; 18
221224
222- (6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 17
223-– General Article and has a history of violent behavior against the person or another; 18
225+ (9) has been voluntarily admitted for more than 30 consecutive days to a 19
226+facility as defined in § 10–101 of the Health – General Article; 20
224227
225- (7) has been found incompetent to stand trial under § 3–106 of the Criminal 19
226-Procedure Article; 20
228+ (10) has been involuntarily committed to a facility as defined in § 10–101 of 21
229+the Health – General Article; 22
227230
228- (8) has been found not criminally responsible under § 3–110 of the 21
229-Criminal Procedure Article; 22
231+ (11) is under the protection of a guardian appointed by a court under § 23
232+13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 24
233+appointment of a guardian is solely a result of a physical disability; 25
230234
231- (9) has been voluntarily admitted for more than 30 consecutive days to a 23
232-facility as defined in § 10–101 of the Health – General Article; 24
235+ (12) except as provided in subsection (c) of this section, is a respondent 26
236+against whom: 27
233237
234- (10) has been involuntarily committed to a facility as defined in § 10–101 of 25
235-the Health – General Article; 26
236-
237- (11) is under the protection of a guardian appointed by a court under § 27
238-13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 28
239-appointment of a guardian is solely a result of a physical disability; 29
238+ (i) a current non ex parte civil protective order has been entered 28
239+under § 4–506 of the Family Law Article; or 29
240240 6 HOUSE BILL 592
241241
242242
243- (12) except as provided in subsection (c) of this section, is a respondent 1
244-against whom: 2
243+ (ii) an order for protection, as defined in § 4–508.1 of the Family Law 1
244+Article, has been issued by a court of another state or a Native American tribe and is in 2
245+effect; [or] 3
245246
246- (i) a current non ex parte civil protective order has been entered 3
247-under § 4–506 of the Family Law Article; or 4
247+ (13) if under the age of 30 years at the time of possession, has been 4
248+adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 5
249+committed by an adult; OR 6
248250
249- (ii) an order for protection, as defined in § 4–508.1 of the Family Law 5
250-Article, has been issued by a court of another state or a Native American tribe and is in 6
251-effect; [or] 7
251+ (14) IS CURRENTLY A RESPO NDENT SUBJECT TO A COURT ORDER TO 7
252+COMPLY WITH ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THE 8
253+HEALTH – GENERAL ARTICLE. 9
252254
253- (13) if under the age of 30 years at the time of possession, has been 8
254-adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 9
255-committed by an adult; OR 10
255+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
256+1, 2025, contingent on the taking effect of Chapter 704 of the Acts of the General Assembly 11
257+of 2024, and if Chapter 704 does not become effective, this Act, with no further action 12
258+required by the General Assembly, shall be null and void. This Act shall remain effective 13
259+until the taking effect of the termination provision specified in Section 3 of Chapter 704 of 14
260+the Acts of the General Assembly of 2024. If that termination provision takes effect, this 15
261+Act shall be abrogated and of no further force and effect. This Act may not be interpreted 16
262+to have any effect on that termination provision. 17
256263
257- (14) IS CURRENTLY A RESPO NDENT SUBJECT TO A C OURT ORDER TO 11
258-COMPLY WITH ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THE 12
259-HEALTH – GENERAL ARTICLE. 13
260-
261- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
262-1, 2025, contingent on the taking effect of Chapter 704 of the Acts of the General Assembly 15
263-of 2024, and if Chapter 704 does not become effective, this Act, with no further action 16
264-required by the General Assembly, shall be null and void. This Act shall remain effective 17
265-until the taking effect of the termination provision specified in Section 3 of Chapter 704 of 18
266-the Acts of the General Assembly of 2024. If that termination provision takes effect, this 19
267-Act shall be abrogated and of no further force and effect. This Act may not be interpreted 20
268-to have any effect on that termination provision. 21
269-
270-
271-
272-
273-Approved:
274-________________________________________________________________________________
275- Governor.
276-________________________________________________________________________________
277- Speaker of the House of Delegates.
278-________________________________________________________________________________
279- President of the Senate.