Maryland’s Senate gave preliminary approval Thursday to a bill that would prohibit a person from knowingly carrying a firearm onto someone else’s property without the property owner’s express permission and also would prohibit carrying a firearm within 100 feet of public places.
After a committee hearing last month, Sen. Jeff Waldstreicher (D-Montgomery) — who is lead sponsor of Senate Bill 1 and vice chair of the Judicial Proceedings Committee, which moved the bill to the Senate floor — said he realized “the bill was drafted way too broadly [and] could accidentally jam people up who are law abiding, responsible citizens and may be difficult to defend constitutionally.”
The bill is being considered after the U.S. Supreme Court ruled in June that New York’s concealed carry permit law violated the 14th Amendment of the Constitution. The court’s decision in New York State Police & Rifle Association vs. Bruen concluded that residents did not need a “good and substantial” reason to carry a concealed firearm.
Maryland also had required special permission to carry a concealed gun, but the state lifted restrictions in July to comply with the court’s ruling. However, then-Gov. Larry Hogan (R) said persons carrying a concealed gun would still be required to obtain a permit.
Currently in Maryland, a person cannot carry a firearm at many places that are public and where there are vulnerabilities or people at risk, including legislative buildings, state parks, school property or within 1,000 feet of a demonstration in a public place.
Waldstreicher’s amended version of his bill, labeled the Gun Safety Act of 2023, specifies that guns would be prohibited in areas where children and vulnerable individuals congregate, at government and public infrastructure sites and certain special purpose areas such as a stadium or theater.
Any person found to have knowingly carried a gun at these places would be guilty of a misdemeanor and face up to 90 days in jail, a fine up to $3,000, or both.
If found guilty of a second or subsequent offense a person could face 15 months imprisonment, a fine up to $7,500, or both. Those are the same penalties that a person would face if found guilty of carrying the firearm with the intent to “cause death or injury to another.”
Besides law enforcement personnel, the bill also would allow some other individuals to carry a firearm, including retired law enforcement officers in good standing, members of the military and members of Reserve Officer Training Corps (ROTC).
A few amendments
Before The Senate gave SB1 preliminary approval, it heard 14 amendments on the floor. A few were technical such as one offered by Sen. Cheryl Kagan (D-Montgomery) to add about two dozen co-sponsors to the bill.
Waldstreicher also added that a person cannot a carry or transport a handgun at a building “currently” used as a polling place.
Although Democrats outnumber Republicans 2-to-1, Sen. William Folden (R-Frederick) had two “friendly” amendments passed.
Folden, a Frederick police officer, said the first amendment would expand who could carry a legal firearm for protection. As an example, he said the amendment would allow a woman in a walking club who has a legal firearm to carry it for protection against an estranged spouse. The second amendment would ensure that a person would not be charged if a firearm accidentally gets exposed “not as a show of force, but as an inadvertent act.”
Meanwhile, an amended bill sponsored by Del. Luke Clippinger (D-Baltimore City), chair of the House Judiciary Committee, received a 15-7 vote in that committee Wednesday.
As filed, the bill would expand disqualifications for possessing a regulated firearm and increase requirements for issuance of a handgun permit.
The House bill would also double three fees: a wear-and-carry permit from $75 to $150; a renewal or subsequent application from $50 to $100; and a duplicate or modified permit from $10 to $20.
Estimated state revenues may increase from $8.7 million in fiscal year 2024 to $14.1 million by fiscal year 2028, according to the fiscal note.
Power to prosecute police misconduct could move to AG’s office
The Senate also voted 27-20 Thursday to allow the Maryland Attorney General’s Independent Investigations Division prosecutorial power. The measure now moves to the House of Delegates.
Sponsored by Sen. William C. Smith Jr. (D-Montgomery), the legislation would repeal a requirement that the investigations division report findings in police-involved deaths to the local state’s attorneys, who would decide whether to prosecute. It would give the division exclusive rights to prosecute, unless the attorney general requests that the state’s attorney does so.
The bill would also require the division to investigate police-involved death or injuries to any individual.
By William J. Ford
jeff morton says
Good to know that politicians will keep the law abiding gun owners away from private property & public places. Because we all know that people that buy guns out of some guys car trunk have always done that, so gun crime will now be completely eliminated.
Deirdre LaMotte says
Get rid of these guns completely unless one is a hunter, licensed, has a back ground check. Semi automatic and the
like belong in the military. Only. Grow up people.
Michael Mattia says
Please show me where this bill and any other gun bill stops the criminals. It only effects the law abiding citizens who hai taken the required training and passed a background check. Show me where this will stop any crime in Baltimore. You can’t because criminals don’t obey any gun laws. As written the transportation portion will cost the state over a Billion dollars in lost revenue from the hunting and sport shooting citizens from lack of being able to transport, from lost tax from new gun sales and ammunition, hunting cloths, targets, cleaning supplies, fuel to get to the hunting destination, guide feed and other assorted fees. If you want gun laws start enforcing the ones already on the books by going after the criminals and hold them accountable.
Andy McCormick says
I agree with the points made above—these little tweaks aren’t nearly enough to protect us. But, I don’t want anyone coming on my property with a gun and I don’t think allowing people to carry guns into crowded public places makes much sense either. These seem like some easy to pass, common sense rules so I’m glad they’re moving forward. I also agree with the comment about the importance of enforcing existing laws as we continue work on ways to curb the striking rise in gun violence in America and in our home state.
Michael Bourque says
Still will not pass Bruen test and will eventually be struck down as unconstitutional. Does it limit my 2cd Amendment rights? Yes. Burden now on state to prove historically such analogous laws existed in 1700rds at time of drafting and signing the Bill of Rights. This will fail that test. These added restrictions did not exists.
Deirdre LaMotte says
Your 2nd amendment right is if you are in a militia. Are you in the Marines?
jeffrey manuel says
‘drafted too broadly’, ‘accidentally jam up people who are law abiding’, difficult to defend constitutionally’. This sounds like a really bad piece of law. Not to mention that the people who would commit the crimes this envisions have been carrying illegal guns well before carry permits became widely available in Maryland and will continue to do so. Bury this thing and do something that will work.
Joseph says
This bill, driven by democrat politicians to further infringe on Americans second Amendment rights under the Constitution. It only impedes the rights of law abiding citizens of Maryland to protect themselves, their family and property when and where the police can’t or not available. When are reasonable and responsible Marylanders going to take a stand and vote out these unreasonable, must controlling democrat politicians. This law just creates more criminals from law abiding, tax paying responsible citizens.
Stephen Crockett says
I live across the Harry Nice Bridge in Virginia, I would come to Maryland more often to shop eat attend events. But because there is no where to leave my weapon on the Virginia side of the bridge, I refuse to come across a d become a instance criminal.
Henry Bazemore says
The criticals win again thanks to the state to bad there’s not this much time spent on on crime in Maryland every day in Maryland you have to worry if your going to be a victim of crime thanks to this state