Maryland 2025 Regular Session

Maryland Senate Bill SB509 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0509
6	6
7	7	SENATE BILL 509
8	8	E4 5lr3116
9	9	CF HB 592
10	10	By: Senator Henson
11	11	Introduced and read first time: January 23, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Prohibited Possession of Firearms – Assisted Outpatient Treatment 2
19	19	Respondents 3
20	20
21	21	FOR the purpose of prohibiting a person from possessing a regulated firearm, rifle, or 4
22	22	shotgun if the person is currently a respondent subject to a court order to comply 5
23	23	with certain assisted outpatient treatment; requiring a court to promptly report 6
24	24	certain information through a certain data portal if the court orders a person to 7
25	25	comply with certain assisted outpatient treatment; and generally relating to persons 8
26	26	prohibited from possessing regulated firearms, rifles, and shotguns. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Health – General 11
30	30	Section 10–6A–02(b) 12
31	31	Annotated Code of Maryland 13
32	32	(2023 Replacement Volume and 2024 Supplement) 14
33	33	(As enacted by Chapter 704 of the Acts of the General Assembly of 2024) 15
34	34
35	35	BY repealing and reenacting, with amendments, 16
36	36	Article – Public Safety 17
37	37	Section 5–133(b), 5–133.2, and 5–205(b) 18
38	38	Annotated Code of Maryland 19
39	39	(2022 Replacement Volume and 2024 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Health – General 23
45	45
46	46	10–6A–02. 24
47	47	2 SENATE BILL 509
48	48
49	49
50	50	(b) This subtitle may not be construed to abridge or modify any civil right of the 1
51	51	respondent, including: 2
52	52
53	53	(1) Any civil service ranking or appointment; 3
54	54
55	55	(2) The right to apply for voluntary admission to a facility under § 10–609 4
56	56	of this title; and 5
57	57
58	58	(3) [Any] EXCEPT AS PROVIDED IN §§ 5–133 AND 5–205 OF THE 6
59	59	PUBLIC SAFETY ARTICLE, ANY right relating to a license, permit, certification, privilege, 7
60	60	or benefit under any law. 8
61	61
62	62	Article – Public Safety 9
63	63
64	64	5–133. 10
65	65
66	66	(b) Subject to § 5–133.3 of this subtitle, a person may not possess a regulated 11
67	67	firearm if the person: 12
68	68
69	69	(1) has been convicted of a disqualifying crime; 13
70	70
71	71	(2) has been convicted of a violation classified as a common law crime and 14
72	72	received a term of imprisonment of more than 2 years; 15
73	73
74	74	(3) (i) has been convicted on or after October 1, 2023, of a second or 16
75	75	subsequent violation of § 4–104 of the Criminal Law Article; or 17
76	76
77	77	(ii) has been convicted on or after October 1, 2023, of a violation of § 18
78	78	4–104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by 19
79	79	a minor causing death or serious bodily injury to the minor or another person; 20
80	80
81	81	(4) subject to subsection (b–1) of this section, is on supervised probation 21
82	82	after being convicted: 22
83	83
84	84	(i) of a crime punishable by imprisonment for 1 year or more; 23
85	85
86	86	(ii) for a violation of § 21–902(b) or (c) of the Transportation Article; 24
87	87	or 25
88	88
89	89	(iii) for violating a protective order under § 4–509 of the Family Law 26
90	90	Article; 27
91	91
92	92	(5) is a fugitive from justice; 28
93	93
94	94	(6) is a habitual drunkard; 29
95	95
96	96	(7) is addicted to a controlled dangerous substance or is a habitual user; 30 SENATE BILL 509 3
97	97
98	98
99	99
100	100	(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 1
101	101	– General Article and has a history of violent behavior against the person or another; 2
102	102
103	103	(9) has been found incompetent to stand trial under § 3–106 of the Criminal 3
104	104	Procedure Article; 4
105	105
106	106	(10) has been found not criminally responsible under § 3–110 of the 5
107	107	Criminal Procedure Article; 6
108	108
109	109	(11) has been voluntarily admitted for more than 30 consecutive days to a 7
110	110	facility as defined in § 10–101 of the Health – General Article; 8
111	111
112	112	(12) has been involuntarily committed to a facility as defined in § 10–101 of 9
113	113	the Health – General Article; 10
114	114
115	115	(13) is under the protection of a guardian appointed by a court under § 11
116	116	13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 12
117	117	appointment of a guardian is solely a result of a physical disability; 13
118	118
119	119	(14) except as provided in subsection (e) of this section, is a respondent 14
120	120	against whom: 15
121	121
122	122	(i) a current non ex parte civil protective order has been entered 16
123	123	under § 4–506 of the Family Law Article; or 17
124	124
125	125	(ii) an order for protection, as defined in § 4–508.1 of the Family Law 18
126	126	Article, has been issued by a court of another state or a Native American tribe and is in 19
127	127	effect; [or] 20
128	128
129	129	(15) if under the age of 30 years at the time of possession, has been 21
130	130	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 22
131	131	committed by an adult; OR 23
132	132
133	133	(16) IS CURRENTLY A RESPO NDENT SUBJECT TO A C OURT ORDER TO 24
134	134	COMPLY WITH ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THE 25
135	135	HEALTH – GENERAL ARTICLE. 26
136	136
137	137	5–133.2. 27
138	138
139	139	(a) (1) In this section the following words have the meanings indicated. 28
140	140
141	141	(2) “Facility” has the meaning stated in § 10–101 of the Health – General 29
142	142	Article. 30
143	143	4 SENATE BILL 509
144	144
145	145
146	146	(3) “NICS Index” means the Federal Bureau of Investigation’s National 1
147	147	Instant Criminal Background Check System. 2
148	148
149	149	(b) (1) A court shall promptly report information required in paragraph (2) of 3
150	150	this subsection through a secure data portal approved by the Department of Public Safety 4
151	151	and Correctional Services if a court: 5
152	152
153	153	(i) determines that a person is not criminally responsible under § 6
154	154	3–110 of the Criminal Procedure Article; 7
155	155
156	156	(ii) finds that a person is incompetent to stand trial under § 3–106 of 8
157	157	the Criminal Procedure Article; [or] 9
158	158
159	159	(iii) finds under § 13–201(c) or § 13–705 of the Estates and Trusts 10
160	160	Article that a person should be under the protection of a guardian, except for cases in which 11
161	161	the appointment of a guardian is solely a result of a physical disability; OR 12
162	162
163	163	(IV) ORDERS A PERSON TO C OMPLY WITH ASSISTED OUTPATIENT 13
164	164	TREATMENT UNDER § 10–6A–08 OF THE HEALTH – GENERAL ARTICLE. 14
165	165
166	166	(2) On a finding or determination under paragraph (1) of this subsection, 15
167	167	the following information shall be reported to the NICS Index: 16
168	168
169	169	(i) the name and identifying information of the person; and 17
170	170
171	171	(ii) the date of the determination or finding. 18
172	172
173	173	(c) (1) A facility shall report information required in paragraph (2) of this 19
174	174	subsection regarding a person admitted to the facility under § 10–609 of the Health – 20
175	175	General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health 21
176	176	– General Article to the NICS Index through a secure data portal approved by the 22
177	177	Department of Public Safety and Correctional Services, if: 23
178	178
179	179	(i) the person has been admitted to a facility for 30 consecutive days 24
180	180	or more; or 25
181	181
182	182	(ii) the person has been involuntarily committed to a facility. 26
183	183
184	184	(2) On admission to a facility the following information shall be reported to 27
185	185	the NICS Index: 28
186	186
187	187	(i) the name and identifying information of the person admitted or 29
188	188	committed; 30
189	189
190	190	(ii) the date the person was admitted or committed to the facility; 31
191	191	and 32
192	192	SENATE BILL 509 5
193	193
194	194
195	195	(iii) the name of the facility to which the person was admitted or 1
196	196	committed. 2
197	197
198	198	5–205. 3
199	199
200	200	(b) A person may not possess a rifle or shotgun if the person: 4
201	201
202	202	(1) has been convicted of a disqualifying crime as defined in § 5–101 of this 5
203	203	title; 6
204	204
205	205	(2) has been convicted of a violation classified as a crime under common 7
206	206	law and received a term of imprisonment of more than 2 years; 8
207	207
208	208	(3) is a fugitive from justice; 9
209	209
210	210	(4) is a habitual drunkard as defined in § 5–101 of this title; 10
211	211
212	212	(5) is addicted to a controlled dangerous substance or is a habitual user as 11
213	213	defined in § 5–101 of this title; 12
214	214
215	215	(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 13
216	216	– General Article and has a history of violent behavior against the person or another; 14
217	217
218	218	(7) has been found incompetent to stand trial under § 3–106 of the Criminal 15
219	219	Procedure Article; 16
220	220
221	221	(8) has been found not criminally responsible under § 3–110 of the 17
222	222	Criminal Procedure Article; 18
223	223
224	224	(9) has been voluntarily admitted for more than 30 consecutive days to a 19
225	225	facility as defined in § 10–101 of the Health – General Article; 20
226	226
227	227	(10) has been involuntarily committed to a facility as defined in § 10–101 of 21
228	228	the Health – General Article; 22
229	229
230	230	(11) is under the protection of a guardian appointed by a court under § 23
231	231	13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 24
232	232	appointment of a guardian is solely a result of a physical disability; 25
233	233
234	234	(12) except as provided in subsection (c) of this section, is a respondent 26
235	235	against whom: 27
236	236
237	237	(i) a current non ex parte civil protective order has been entered 28
238	238	under § 4–506 of the Family Law Article; or 29
239	239	6 SENATE BILL 509
240	240
241	241
242	242	(ii) an order for protection, as defined in § 4–508.1 of the Family Law 1
243	243	Article, has been issued by a court of another state or a Native American tribe and is in 2
244	244	effect; [or] 3
245	245
246	246	(13) if under the age of 30 years at the time of possession, has been 4
247	247	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 5
248	248	committed by an adult; OR 6
249	249
250	250	(14) IS CURRENTLY A RESPONDENT SUBJECT TO A COURT O RDER TO 7
251	251	COMPLY WITH ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THE 8
252	252	HEALTH – GENERAL ARTICLE. 9
253	253
254	254	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
255	255	1, 2025, contingent on the taking effect of Chapter 704 of the Acts of the General Assembly 11
256	256	of 2024, and if Chapter 704 does not become effective, this Act, with no further action 12
257	257	required by the General Assembly, shall be null and void. This Act shall remain effective 13
258	258	until the taking effect of the termination provision specified in Section 3 of Chapter 704 of 14
259	259	the Acts of the General Assembly of 2024. If that termination provision takes effect, this 15
260	260	Act shall be abrogated and of no further force and effect. This Act may not be interpreted 16
261	261	to have any effect on that termination provision. 17