MD
Maryland Senate Bill SB585

Maryland 2025 Regular Session

Maryland Senate Bill SB585 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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 *sb0585*
96
107 SENATE BILL 585
118 E1 5lr0721
129 SB 404/24 – JPR CF HB 308
13-By: Senators Waldstreicher and Smith, Smith, Folden, West, and James
10+By: Senators Waldstreicher and Smith
1411 Introduced and read first time: January 23, 2025
1512 Assigned to: Judicial Proceedings
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 21, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Criminal Law – Exception to Armed Trespass Prohibition – Retired Law 2
2519 Enforcement Officials 3
2620
2721 FOR the purpose of establishing an exception to the prohibition against entering or 4
2822 trespassing on real property while wearing, carrying, or transporting a firearm for 5
2923 certain law enforcement officials under certain circumstances; and generally relating 6
3024 to an exception to the prohibition against trespassing while wearing, carrying, or 7
3125 transporting firearms. 8
3226
3327 BY repealing and reenacting, with amendments, 9
3428 Article – Criminal Law 10
3529 Section 6–411 11
3630 Annotated Code of Maryland 12
3731 (2021 Replacement Volume and 2024 Supplement) 13
3832
3933 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
4034 That the Laws of Maryland read as follows: 15
4135
4236 Article – Criminal Law 16
4337
4438 6–411. 17
4539
4640 (a) (1) In this section the following words have the meanings indicated. 18
47- 2 SENATE BILL 585
41+
42+ (2) (i) “Dwelling” means a building or part of a building that provides 19
43+living or sleeping facilities for one or more individuals. 20
44+
45+ (ii) “Dwelling” does not include: 21
46+
47+ 1. common elements of a condominium, as defined in § 22
48+11–101 of the Real Property Article; 23 2 SENATE BILL 585
4849
4950
50- (2) (i) “Dwelling” means a building or part of a building that provides 1
51-living or sleeping facilities for one or more individuals. 2
5251
53- (ii) “Dwelling” does not include: 3
52+ 2. property of a cooperative housing corporation other than a 1
53+unit as defined in § 5–6B–01 of the Corporations and Associations Article; or 2
5454
55- 1. common elements of a condominium, as defined in § 4
56-11–101 of the Real Property Article; 5
55+ 3. common areas of a multifamily dwelling as defined in § 3
56+12–203 of the Public Safety Article. 4
5757
58- 2. property of a cooperative housing corporation other than a 6
59-unit as defined in § 5–6B–01 of the Corporations and Associations Article; or 7
58+ (3) “Firearm” has the meaning stated in § 4–104 of this article. 5
6059
61- 3. common areas of a multifamily dwelling as defined in § 8
62-12–203 of the Public Safety Article. 9
60+ (4) “Law enforcement official” has the meaning stated in § 4–201 of this 6
61+article. 7
6362
64- (3) “Firearm” has the meaning stated in § 4–104 of this article. 10
63+ (5) “Police officer” has the meaning stated in § 3–201 of the Public Safety 8
64+Article. 9
6565
66- (4) “Law enforcement official” has the meaning stated in § 4–201 of this 11
67-article. 12
66+ (6) (i) “Property” means a building. 10
6867
69- (5) “Police officer” has the meaning stated in § 3–201 of the Public Safety 13
70-Article. 14
68+ (ii) “Property” does not include the land adjacent to a building. 11
7169
72- (6) (i) “Property” means a building. 15
70+ (b) This section does not apply to: 12
7371
74- (ii) “Property” does not include the land adjacent to a building. 16
72+ (1) a law enforcement official or police officer; 13
7573
76- (b) This section does not apply to: 17
74+ (2) an on–duty employee of a law enforcement agency authorized by the 14
75+agency to possess firearms on duty or whose duty assignment involves the possession of 15
76+firearms; 16
7777
78- (1) a law enforcement official or police officer; 18
78+ (3) a member of the armed forces of the United States, the National Guard, 17
79+or the uniformed services on duty or traveling to or from duty; 18
7980
80- (2) an on–duty employee of a law enforcement agency authorized by the 19
81-agency to possess firearms on duty or whose duty assignment involves the possession of 20
82-firearms; 21
81+ (4) a correctional officer or warden of a correctional facility in the State; 19
8382
84- (3) a member of the armed forces of the United States, the National Guard, 22
85-or the uniformed services on duty or traveling to or from duty; 23
83+ (5) the wearing, carrying, or transporting of a firearm on a portion of real 20
84+property subject to an easement, a right–of–way, a servitude, or any other property interest 21
85+that allows public access on or through the real property; [or] 22
8686
87- (4) a correctional officer or warden of a correctional facility in the State; 24
87+ (6) the wearing, carrying, or transporting of a firearm on a portion of real 23
88+property subject to an easement, a right–of–way, a servitude, or any other property interest 24
89+allowing access on or through the real property by: 25
8890
89- (5) the wearing, carrying, or transporting of a firearm on a portion of real 25
90-property subject to an easement, a right–of–way, a servitude, or any other property interest 26
91-that allows public access on or through the real property; [or] 27
91+ (i) the holder of the easement, right–of–way, servitude, or other 26
92+property interest; or 27
9293
93- (6) the wearing, carrying, or transporting of a firearm on a portion of real 28
94-property subject to an easement, a right–of–way, a servitude, or any other property interest 29
95-allowing access on or through the real property by: 30
94+ (ii) a guest or assignee of the holder of the easement, right–of–way, 28
95+servitude, or other property interest; OR 29
9696 SENATE BILL 585 3
9797
9898
99- (i) the holder of the easement, right–of–way, servitude, or other 1
100-property interest; or 2
99+ (7) A PERSON WHO HAS RET IRED AS A LAW ENFORC EMENT OFFICIAL 1
100+IN GOOD STANDING FRO M A LAW ENFORCEMENT AGENCY OF THE UNITED STATES, 2
101+THE STATE OR ANOTHER STATE , OR A LOCAL UNIT IN T HE STATE OR ANOTHER 3
102+STATE WHO POSSESSES A FIREARM, IF: 4
101103
102- (ii) a guest or assignee of the holder of the easement, right–of–way, 3
103-servitude, or other property interest; OR 4
104+ (I) 1. THE PERSON IS CARRYI NG THE PERSON ’S BADGE OR 5
105+CREDENTIAL IN COMPLI ANCE WITH THE REQUIR EMENTS OF THE BADGE OR 6
106+CREDENTIAL; 7
104107
105- (7) A PERSON WHO HAS RETIRED AS A LAW ENFORCEMENT OFFI CIAL 5
106-IN GOOD STANDING FRO M A LAW ENFORCEMENT AGENCY OF THE UNITED STATES, 6
107-THE STATE OR ANOTHER STAT E, OR A LOCAL UNIT IN T HE STATE OR ANOTHER 7
108-STATE WHO POSSESSES A FIREARM, IF: 8
108+ 2. THE FIREARM CARRIED OR POSSESSED BY THE 8
109+PERSON IS CONCEALED FROM VIEW UNDER OR W ITHIN AN ARTICLE OF THE 9
110+PERSON’S CLOTHING; AND 10
109111
110- (I) 1. THE PERSON IS CARRYI NG THE PERSON’S BADGE OR 9
111-CREDENTIAL IN COMPLI ANCE WITH THE REQUIR EMENTS OF THE BADGE OR 10
112-CREDENTIAL; 11
112+ 3. THE PERSON IS AUTHOR IZED TO CARRY A HAND GUN 11
113+UNDER THE LAWS OF TH E STATE OR THE UNITED STATES; OR 12
113114
114- 2. THE FIREARM CARRIED OR POSSESSED BY THE 12
115-PERSON IS CONCEALED FROM VIEW UNDER OR W ITHIN AN ARTICLE OF THE 13
116-PERSON’S CLOTHING; AND 14
115+ (II) 1. THE PERSON POSSESSES A VALID PE RMIT TO WEAR , 13
116+CARRY, OR TRANSPORT A HANDG UN ISSUED UNDER TITLE 5, SUBTITLE 3 OF THE 14
117+PUBLIC SAFETY ARTICLE; AND 15
117118
118- 3. THE PERSON IS AUTHORIZED TO CARRY A HANDGUN 15
119-UNDER THE LAWS OF TH E STATE OR THE UNITED STATES; OR 16
119+ 2. THE FIREARM CARRIED OR POSSESSED BY THE 16
120+PERSON IS CONCEALED FROM VIEW UNDER OR W ITHIN AN ARTICLE OF THE 17
121+PERSON’S CLOTHING. 18
120122
121- (II) 1. THE PERSON POSSESSES A VALID PERMIT TO WE AR, 17
122-CARRY, OR TRANSPORT A HANDG UN ISSUED UNDER TITLE 5, SUBTITLE 3 OF THE 18
123-PUBLIC SAFETY ARTICLE; AND 19
123+ (c) A person wearing, carrying, or transporting a firearm may not enter or 19
124+trespass in the dwelling of another unless the owner or the owner’s agent has given express 20
125+permission, either to the person or to the public generally, to wear, carry, or transport a 21
126+firearm inside the dwelling. 22
124127
125- 2. THE FIREARM CARRIED OR POSSESSED BY THE 20
126-PERSON IS CONCEALED FROM VIEW UNDER OR W ITHIN AN ARTICLE OF THE 21
127-PERSON’S CLOTHING. 22
128+ (d) A person wearing, carrying, or transporting a firearm may not: 23
128129
129- (c) A person wearing, carrying, or transporting a firearm may not enter or 23
130-trespass in the dwelling of another unless the owner or the owner’s agent has given express 24
131-permission, either to the person or to the public generally, to wear, carry, or transport a 25
132-firearm inside the dwelling. 26
130+ (1) enter or trespass on property unless the owner or the owner’s agent has 24
131+posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or 25
132+transport a firearm on the property; or 26
133133
134- (d) A person wearing, carrying, or transporting a firearm may not: 27
134+ (2) enter or trespass on property unless the owner or the owner’s agent has 27
135+given the person express permission to wear, carry, or transport a firearm on the property. 28
135136
136- (1) enter or trespass on property unless the owner or the owner’s agent has 28
137-posted a clear and conspicuous sign indicating that it is permissible to wear, carry, or 29
138-transport a firearm on the property; or 30
137+ (e) A person who willfully violates this section is guilty of a misdemeanor and on 29
138+conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 30
139+or both. 31
139140
140- (2) enter or trespass on property unless the owner or the owner’s agent has 31
141-given the person express permission to wear, carry, or transport a firearm on the property. 32
141+ (f) (1) A conviction under this section may not merge with a conviction for any 32
142+other crime based on the act establishing the violation of this section. 33
142143 4 SENATE BILL 585
143144
144145
145- (e) A person who willfully violates this section is guilty of a misdemeanor and on 1
146-conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 2
147-or both. 3
146+ (2) A sentence imposed under this section may be imposed separate from 1
147+and consecutive to or concurrent with a sentence for any crime based on the act establishing 2
148+the violation of this section. 3
148149
149- (f) (1) A conviction under this section may not merge with a conviction for any 4
150-other crime based on the act establishing the violation of this section. 5
150+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
151+October 1, 2025. 5
151152
152- (2) A sentence imposed under this section may be imposed separate from 6
153-and consecutive to or concurrent with a sentence for any crime based on the act establishing 7
154-the violation of this section. 8
155-
156- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
157-October 1, 2025. 10
158-
159-
160-
161-
162-Approved:
163-________________________________________________________________________________
164- Governor.
165-________________________________________________________________________________
166- President of the Senate.
167-________________________________________________________________________________
168- Speaker of the House of Delegates.