Plain Language Intent for Amendment

All persons are, by nature, free and equal, and have the inherent and inalienable Right of enjoying and defending their lives and liberties. 

Places into the Maryland Constitution the Right that any person may defend their life and liberty and that Right may not be taken under any lawful pretext.

To that end, all persons have the Right to keep and carry arms and are responsible for the abuse of that Right and no law shall be passed for disarming the people or any of them, unless for crimes committed, or real danger of public injury from individuals; but this provision shall not prevent the passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent passage of legislation providing penalties for the possession of firearms by a convicted felon or by a person adjudicated as not responsible because of mental illness or other mental impairment, nor prevent the passage of legislation punishing the use of a firearm, nor prevent the regulation of possession of firearms by a minor.

Places into the Maryland Constitution that all peacable and law-abiding persons have the right:

       1)  to keep and carry arms,
       2)

that no person shall be disarmed by Maryland and all other jurisdictions in Maryland by legislation except for crimes committed or except when the person has been adjudicated by a court of competent jurisdiction to be a risk to public safety by reason of diminished capacity or mental illness or except when a person is awaiting trial for a felony, however,

       3)

Maryland may penalize persons for crimes committed while in possession of a firearm when the firearm is used to facilitate the crime, and may provide minimum penalties for such crimes

       4)

Maryland may penalize persons in possession of a firearm who have been convicted of a felony or,

       5)

Maryland may penalize persons possessing firearms who have been adjudicated as not responsible because of mental illness or other mental impairment as provide under Maryland law,

       6)

Maryland may pass legislation concerning improper use of a firearm for other than  defense and

       7)

Maryland may pass legislation regulating possession of a firearm by a minor subject to limitations defined below.

Nor shall any regulation on the open possession of a firearm by a minor apply when supervised by an adult or when on private property with the permission of the owner for purposes of shooting.

Limits Maryland to regulating possession of firearms by minors only in certain cases.  When a minor is under supervision of an adult and possesses the firearm openly or when a minor is on private property with the permission of the owner, Maryland shall not regulate possession of a firearm by the minor.

No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms, but may regulate the discharge of firearms for non self-defense purposes.

Except for regulations governing the discharging a firearm for other than self-defense, only Maryland may pass laws regulating the keeping and bearing of firearms.  Municipalities and counties may not legislate their own regulations except for regulation governing discharging a firearm for non self-defense purposes.

No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition.

Maryland may not license or register owning or possession of firearm and may not apply any special taxation on the owning or possession of firearms.
Maryland may not license or register owning or possession of ammunition and may not apply any special taxation on the owning or possession of ammunition.

Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

Maryland may only confiscate firearms according to law if they are used to commit a felony.

Since equality in the enjoyment of rights is only made sure through political equality, the laws of this state affecting these Rights shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than individual incompetency, or unworthiness duly ascertained by a court of competent jurisdiction.

Maryland shall not disarm adult persons on the basis of race, color, sex or any conditions other than individual incompetency or unworthiness.  Maryland may only assert incompetency or unworthiness of individuals to possess arms provided such conditions were determined by a court of competent jurisdiction.  Maryland shall treat all persons equally and not discriminate against any person being armed unless that person shall have been adjudicated incompetent or unworthy to possess arms by an appropriate court.


Updated by Phil Lee on 5/13/00.  Contact pflee at wdn dot com (sorry for being obscure, but web mail address scavenge programs make this practice necessary).