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Bill Numbers are color coded according to whether we recommend opposing or supporting them or have no recommendation. | |||||
| Number | Hearing Date, Time |
Title and Synopsis | Notes | ||
| HB127/ SB280/ |
3/13/03 1pm | Firearms Offenses - Project Exile House: Judiciary Attempting to recycle the name Project Exile to cover a grab-bag of provisions some having nothing to do with that project. 1) Allowing the state to appeal bail conditions or amount when insufficient, 2) making it a felony to possess and intend to use a firearm on school property and making the penality mandatory and consecutive with other sentences and limiting parole, 3) eliminating pre-trial release for criminals using firearms for certain crimes, 4) setting conditions for pre-trial release (including not possessing a firearm), and 5) providing a smaller penality than current law for possessing a regulated firearm after conviction of a crime classified as a non-violent felony in Maryland. Sponsored By: Delegates Cadden, Owings, Amedori, Aumann, Barkley, Barve, Boschert, Boutin, Bozman, G. Clagett, V. Clagett, Conroy, Conway, Costa, DeBoy, Donoghue, Dumais, Edwards, Elliott, Frank, Fulton, Glassman, Hammen, Hutchins, James, Jameson, Kach, Kelly, Krebs, Leopold, Malone, McHale, McKee, McMillan, Minnick, Mitchell, Moe, Myers, O'Donnell, Parrott, Redmer, Rudolph, Rzepkowski, Schisler, Sophocleus, Sossi, Stern, Stocksdale, Stull, Vaughn, Walkup, Weir, and Wood |
Talking Points | ||
| HB177 | 3/13/03 1pm | Public Safety - Task Force to Study Breaking and Entering of Shops Engaged in the Retail Sale of Guns House: Judiciary Establishing a task force to study and report concerning breaking and entering of gun shops. Creates a political entity whose only function is to make recommendations for legislation to impose new financial obligations on Gun Shops in time for the 2004 legislative session. Sponsored By: Delegates Menes, Frush, and Moe |
Talking Points | ||
| HB178 | 3/13/03 1pm | Regulated Firearms - Dealers - Security Standards for Places of Business House: Judiciary
Giving the Secretary the power to adopt regulations governing security require for gun shops. Among the permitted regulations are safes to store regulated firearms, chains to secure long guns, stanchions, window security screens, alarms, buzzers to admit patrons, and video surveillance. This is a law to drive the small gun dealer out of business. The bill provides for treating various dealers differently. Sponsored By: Delegate Menes |
Talking Points | ||
| HB302/ SB236 |
2/19/03 1pm | Criminal Law - Wearing, Carrying, or Transporting a Handgun - Fine House: Judiciary
Increases the penalty for simply carrying a handgun by increasing the maximum fine to $10,000. A bill aimed more at the general public than criminals since there are already laws against the criminal use of firearms and possession of firearms by criminals. Sponsored By: Delegate Doory |
Talking Points | ||
| HB337 | 2/19/03 1pm | Deer Hunting - Length of Firearms Season House: Environmental Matters
Makes the Deer firearm hunting season 21 days (in addition to Bow and Muzzle loader seasons). Sponsored By: Delegates Elliott, Owings, Amedori, Bartlett, Bates, Bozman, G. Clagett, Donoghue, Edwards, Hogan, Kelly, McKee, Minnick, Myers, O'Donnell, Parrott, Schisler, Shank, Sossi, Stocksdale, Stull, Walkup, Weir, and Weldon |
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| HB579 | 3/13/03 1pm | Handguns - Identification Requirements - Repeal House: Judiciary
Repeals requirement for manufacturers to deliver a shell casing with newly made handguns for ballistic fingerprinting. Sponsored By: Delegates Smigiel, Costa, Dwyer, Sossi, and Walkup |
Talking Points | ||
| HB583 | 3/13/03 1pm | Handgun Safety Devices - Repeal House: Judiciary
Repeals the prohibition against a dealer selling, offering for sale, renting, or transferring in the State specified handguns unless the handguns are equipped with an external safety lock or an integrated mechanical safety device; and repeals requirements relating to the duties of the Handgun Roster Board connected with personalized handgun technology. This bill would repeal all of Public Safety Section 5-132 and allow new handguns to return to Maryland. Sponsored By: Delegates Smigiel, Costa, Dwyer, Impallaria, Sossi, and Walkup |
Talking Points | ||
| HB679 | 3/3/03 1pm | Natural Resources - Expanded Deer Management House: Environmental Matters
Authorizing the Department of Natural Resources to include specified Sundays in November and December as part of specified deer hunting seasons; limiting Sunday deer hunting to privately owned lands; requiring a person to obtain written permission before deer hunting on a Sunday; providing that the provisions of law authorizing Sunday deer hunting do not apply in specified urban areas or to the hunting of sika deer; increasing fines for trespassing while deer hunting; etc. Sponsored By: Delegates Boutin, Cane, Owings, Weir, and O'Donnell |
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| HB696/ SB208 |
3/13/03 1pm | Firearms - Shell Casings and Other Identification Information House: Judiciary
Expands the shell casing requirements applied currently to handguns to all firearms (including shotguns). Sponsored By: Delegate Franchot |
Talking Points | ||
| HB744 | 3/13/03 1pm | Handguns - Sales by Law Enforcement Agencies to Officers House: Judiciary
Authorizing a law enforcement agency of a county or municipal corporation to allow a current or retired law enforcement officer to keep or acquire the handgun assigned to the officer under specified circumstances. So, Cops can buy makes and models the average citizen cannot. Another effort to make Cops a privileged class of people. Sponsored By: Delegates Anderson, Cane, Carter, Dwyer, Impallaria, Jameson, Kelley, McHale, Minnick, Stull, Walkup, and Wood |
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| HB836 | 3/13/03 1pm | Regulated Firearms - Report of Loss or Theft House: Judiciary
Requires the owner of a regulated firearm to report to the Secretary of State Police the loss or theft of the firearm; within 48 hours after the owner becomes aware of the loss or theft; make it a misdemeanor to fail to report the loss or theft; providing penalties; etc. Obviously aimed at law abiding citizens since criminals cannot be compelled to report for such a report could be incriminating. (See also SB528). This bill criminalizes non-action. It is similar to misprision of a felony, except it is tailored to firearm theft AND misprision of a felony requires a person to take action to conceal the felony. This measure is will affect only those stupid enough to create evidence that they knew about a stolen gun for more than 48 hours before reporting. So, if you haven't been that stupid and the state police show at your place to ask about a gun of yours that has been stolen and used in a crime, go check on the gun first. Discover it to be lost at that moment and report it immediately. Another foolish gun measure from this pair of delegates. At least this one is so poorly conceived that it won't harm people with an IQ above that of a turnip. Sponsored By: Delegates Marriott and Franchot |
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| HB843 | 3/13/03 1pm | Armed Criminal Lockup Act House: Judiciary
Prohibiting a person convicted of a crime of violence from possessing a firearm while on conditional release from confinement for the conviction; requiring a court or the Maryland Parole Commission to revoke the conditional release of the person upon a finding of a violation; prohibiting the person from being subsequently released; prohibiting a child adjudicated delinquent for specified delinquent acts from possessing a firearm while on conditional release from detention; etc. An obvious question is why is it today that a person who has been convicted of a crime of violence be on conditional release (parole) or, if he is, be re-released if he is caught possessing a firearm. Sponsored By: Delegates Quinter, Feldman, Kelly, and Shank |
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| HB844 | 3/13/03 1pm | Firearms - Assault Weapons - Ban House: Judiciary Making it a misdemeanor to transport an assault weapon into the State or to possess, sell, offer to sell, transfer, purchase, or receive an assault weapon; making it a misdemeanor to use an assault weapon or a specified magazine in the commission of a felony or crime of violence; providing specified penalties; etc. The bill defines assault weapons banned to include (Partial List): AK-47 IN ALL FORMS; AR 100 TYPE SEMI-AUTO; AR 180 TYPE SEMI-AUTO; BUSHMASTER SEMI-AUTO RIFLE; COLT AR-15, CAR-15, AND ALL IMITATIONS EXCEPT COLT AR-15 SPORTER H-BAR RIFLE; SKS WITH DETACHABLE MAGAZINE; SPRINGFIELD ARMORY BM-59, SAR-48, G3, SAR-3, M-21 SNIPER RIFLE, M1A, EXCLUDING THE M1 GARAND; A SEMIAUTOMATIC, CENTERFIRE RIFLE THAT HAS A FIXED MAGAZINE WITH A CAPACITY OF MORE THAN 10 ROUNDS [some commercial versions of SKS rifles]; A SEMIAUTOMATIC PISTOL WITH A FIXED MAGAZINE OF MORE THAN 10 ROUNDS [some old Mauser 1896 Broomhandle pistols have 20 round fixed magazines]. Additionally, the bill defines as an assault weapon any semi-automatic pistol that can accept a detachable magazine and a threaded barrel that can accept a flash hider or silencer. That definition includes most semi-automatic pistols. The bill allows grandfathering of assault weapons already owned provided they are registered before 7/31/03. A summary of proponent arguments for banning long guns endorsed by Maryland Senate Democrats is presented here. Sponsored By: Delegates Quinter, Anderson, Barve, Bobo, Bronrott, Brown, Cardin, Carter, Cryor, Dumais, Feldman, Franchot, Frush, Gutierrez, Jones, Kelley, Lee, Madaleno, Menes, Pendergrass, Petzold, Ross, Simmons, Taylor, F. Turner, and Zirkin |
Talking Points | ||
| HB858/ SB389 |
3/4/03 1pm | Crimes - Firearms - Project Exile House: Judiciary Prohibiting a District Court commissioner from authorizing the pretrial release of a defendant charged with specified crimes; requiring a judge to consider as a rebuttable presumption that a defendant charged with specified crimes will flee and pose a danger to another person or the community; prohibiting a specified panel of judges, when reviewing a sentence, from decreasing a mandatory minimum sentence imposed for crimes involving firearms under specified circumstances; etc. Although this bill has "Exile" in its title, it addresses far more than the Richmond Exile program aimed at violent felons in possession of firearms. This is the Governor's version of Exile. This bill will prevent a District Commissioner from releasing (pretrial) a person charged with bringing a firearm onto school grounds (with certain exceptions), a person charged with using a handgun (including antiques) in a crime of violence or felony, or possessing, using, wearing, carrying, or transporting a firearm as a nexus to a drug trafficking crime. The bill allows for pretrial release by a Judge under suitable bail or other conditions. The bill slants the law to assume that a defendant charged with the crimes covered will flee or pose a danger to another person. This bill will prevent any circuit court review to reduce a sentence to less than the manditory minimums required by certain sections if the crime involves a firearm. In most of the cases in this bill, the manditory sentence requires proving a complex crime -- using a firearm while trafficking drugs, or using a firearm in a crime of violence or felony, or using a magazine with a capacity of more than 20 round in a felony (even an empty magazine with no pistol attached). This bill will redefine crime of violence to include conspiracy as well as acts of violence. It will redefine disqualifing crime to include attempts or conspiracy to commit a felony or attempt or conspiracy to commit a misdemeanor that carries a penalty of more than 2 years (so it no longer matters if the attempt or conspiracy crime has a penalty of only 6 months for example). The bill defines firearm to include just the frame for the purpose of forbidding possession by a disqualified person. The bill defines disqualification for crimes of violence to not include assault in the second degree if the sentence was 2 years or less imprisonment not including suspended parts of the sentence. Simple possession of a firearm by a person disqualified by a conviction for a crime of violence has a manditory minimum sentence of 5 years without parole. If a person is disqualified by a felony (not violent), simple possession has a manditory sentence of 2 years on first conviction. The bill modifies the Public Safety Act which has not yet been passed. That act is contained in SB1 and SB192 (correcting errors in SB1). The combined exercise of passing this bill to modify SB1 alonge with SB192 gives many opportunities for error. Sponsored By: The Minority Leader (By Request - Administration) and Delegates O'Donnell, Cadden, Redmer, Amedori, Aumann, Bartlett, Bates, Boschert, Boteler, Boutin, Branch, Cryor, DeBoy, Dwyer, Eckardt, Edwards, Elliott, Elmore, Frank, Fulton, Glassman, Hogan, Hutchins, Impallaria, Jennings, Kach, Kelly, Krebs, Leopold, Love, McComas, McConkey, McDonough, McMillan, Mitchell, Myers, Parrott, Rzepkowski, Schisler, Shank, Smigiel, Sossi, Stocksdale, Trueschler, Walkup, and Weldon |
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| HB1120 | 3/13/03 1pm | Use of a Firearm in the Commission of a Crime House: Judiciary Does not define firearm. Makes use of firearms in a crime a separate misdemeanor crime with additional "manditory minimum" penalty. This is another bill by a delegate who is ignorant that Maryland has had manditory minimum sentences for crimes involving a firearm for years, but not enforced them. Notice that the definition of firearm includes non functioning firearms. It seems dumb to provide the same penalty for using non-functioning guns in crime as functioning ones. Though this bill is not cross-filed with SB323, it is very similar. Sponsored By: Delegate Sophocleus |
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| HB1120 | 3/13/03 1pm | Firearms - Disposition by Law Enforcement Units - Sale to Licensed Dealers House: Judiciary Permits sale of forfeited firearms to FFLs (currently handguns must be destroyed or used by the police). Sponsored By: Delegate Owings |
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| SB1 | 1/22 1:45pm | Public Safety Senate: Education Health and Environmental Affairs A massive bill designed as "code revision" which is supposed to do nothing to actually change the law. A few significant changes have been detected and there are more likely that just haven't been found. See also SB192 which correct errors in this bill. Sponsored By: Senate President Miller |
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| SB83 | 3/4/03 1pm | Law Enforcement - Forfeited Property and Agency-Owned Handguns - Disposition Senate: Judicial Proceedings Permits sale of forfeited handguns to FFLs (currently they must be destroyed or used by the police). Sponsored By: Senator Stoltzfus |
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| SB192 | 2/4/03 1:45pm | Public Safety Senate: Education Health and Environmental Affairs Correcting cross-references to the Public Safety Article in the Annotated Code of Maryland; and correcting errors in the Public Safety Article. See also SB1 whose errors this bill corrects. Sponsored By: Senate President Miller |
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| SB208/ HB696 |
2/27/03 1pm | Firearms - Shell Casings and Other Identification Information Senate: Judicial Proceedings Expands the shell casing requirements applied currently to handguns to all firearms (including shotguns). Sponsored By: Senators Forehand, Ruben, Britt, Conway, Exum, Garagiola, Grosfeld, Jones, Kelley, Lawlah, McFadden, and Teitelbaum |
Talking Points | ||
| SB236/ HB302 |
3/4/03 1pm | Carrying, or Transporting a Handgun - Fine Senate: Judicial Proceedings Increases the penalty for carrying a handgun the second and subsequent times. A bill aimed more at the general public than criminals. Sponsored By: Senators Stone and Hughes |
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| SB243 | 3/4/03 1pm | Handguns - Handgun Permit Review Board - Review of Additional Evidence Senate: Judicial Proceedings Requires the Handgun Review Board to receive and consider additional evidence in an appeal of the decision of the Secretary to not grant a concealed handgun permit. Sponsored By: Senator Jacobs |
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| SB280/ HB127 |
3/4/03 1pm | Firearms Offenses - Project Exile Senate: Judicial Proceedings Attempting to recycle the name Project Exile to cover a grab-bag of provisions some having nothing to do with that project. 1) Allowing the state to appeal bail conditions or amount when insufficient, 2) making it a felony to possess and intend to use a firearm on school property and making the penality mandatory and consecutive with other sentences and limiting parole, 3) eliminating pre-trial release for criminals using firearms for certain crimes, 4) setting conditions for pre-trial release (including not possessing a firearm), and 5) providing a smaller penality than current law for possessing a regulated firearm after conviction of a crime classified as a non-violent felony in Maryland. Sponsored By: Senator Jimeno |
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| SB323 | 3/4/03 1pm | Use of a Firearm in the Commission of a Crime of Violence or a Felony Senate: Judicial Proceedings Redefines firearms to include antique firearms, starter pistols, anything that can be readily converted to a firearm and frames and receivers of firearms. Makes use of firearms in a violent felony a separate misdemeanor crime with additional penalty (including throwing your frame at a person -- assault with a gun). Sponsored By: Senators Haines, Giannetti, Jacobs, and Mooney |
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| SB369 | 3/11/03 1pm | Criminal Law - Assault Against a Law Enforcement Officer - Penalties Senate: Judicial Proceedings Establishing the crimes of assault against a law enforcement officer in the first and second degrees; creates police officers as a special class of people protected to a higher degree in the law by making various assaults on them subject to enhanced penalities for the assailant. The bill modifies the Public Safety Act which has not yet been passed. That act is contained in SB1 and SB192 (correcting errors in SB1). The combined exercise of passing this bill to modify SB1 along with SB192 gives many opportunities for error. Sponsored By: Senator Giannetti |
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| SB389/ HB858 |
3/4/03 1pm | Crimes - Firearms - Project Exile Senate: Judicial Proceedings Prohibiting a District Court commissioner from authorizing the pretrial release of a defendant charged with specified crimes; requiring a judge to consider as a rebuttable presumption that a defendant charged with specified crimes will flee and pose a danger to another person or the community; prohibiting a specified panel of judges, when reviewing a sentence, from decreasing a mandatory minimum sentence imposed for crimes involving firearms under specified circumstances; etc. Although this bill has "Exile" in its title, it addresses far more than the Richmond Exile program aimed at violent felons in possession of firearms. This is the Governor's version of Exile. This bill will prevent a District Commissioner from releasing (pretrial) a person charged with bringing a firearm onto school grounds (with certain exceptions), a person charged with using a handgun (including antiques) in a crime of violence or felony, or possessing, using, wearing, carrying, or transporting a firearm as a nexus to a drug trafficking crime. The bill allows for pretrial release by a Judge under suitable bail or other conditions. The bill slants the law to assume that a defendant charged with the crimes covered will flee or pose a danger to another person. This bill will prevent any circuit court review to reduce a sentence to less than the manditory minimums required by certain sections if the crime involves a firearm. In most of the cases in this bill, the manditory sentence requires proving a complex crime -- using a firearm while trafficking drugs, or using a firearm in a crime of violence or felony, or using a magazine with a capacity of more than 20 round in a felony (even an empty magazine with no pistol attached). This bill will redefine crime of violence to include conspiracy as well as acts of violence. It will redefine disqualifing crime to include attempts or conspiracy to commit a felony or attempt or conspiracy to commit a misdemeanor that carries a penalty of more than 2 years (so it no longer matters if the attempt or conspiracy crime has a penalty of only 6 months for example). The bill defines firearm to include just the frame for the purpose of forbidding possession by a disqualified person. The bill defines disqualification for crimes of violence to not include assault in the second degree if the sentence was 2 years or less imprisonment not including suspended parts of the sentence. Simple possession of a firearm by a person disqualified by a conviction for a crime of violence has a manditory minimum sentence of 5 years without parole. If a person is disqualified by a felony (not violent), simple possession has a manditory sentence of 2 years on first conviction. The bill modifies the Public Safety Act which has not yet been passed. That act is contained in SB1 and SB192 (correcting errors in SB1). The combined exercise of passing this bill to modify SB1 alonge with SB192 gives many opportunities for error. Sponsored By: Senators Haines, Jimeno, Stoltzfus, Stone, Harris, DeGrange, Hooper, Jacobs, Kittleman, Lawlah, Mooney, Munson, Pipkin, Schrader, Brinkley, Brochin, Colburn, Greenip, and Hafer |
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| SB471 | Cancelled | Crimes - Use and Carrying of an Object that Reasonably Appears to be a Firearm Senate: Judicial Proceedings Prohibiting a person from committing an assault with an object that reasonably appears to be a firearm; prohibiting a person from recklessly using an object that reasonably appears to be a firearm in a specified manner; prohibiting a person from wearing or carrying an object that appears to be a firearm concealed on or about the person; prohibiting a minor from carrying an object that reasonably appears to be a firearm at specified times and in specified counties; etc. This bill should have the title "the bulge in your pocket appears to be a firearm but wasn't in selected counties of Maryland" crime. It appears to apply to cases where kids who are playing cowboys and indians can be charged if someone thinks the cap pistol being used looks like a firearm and believes the kid is trying to hurt them (especially after dark). It appears that Senator Colburn want to penalize using fake guns in a crime as severely as using real ones. Sponsored By: Senator Colburn |
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| SB494 | 2/27/03 1pm | Firearms - Assault Weapons - Ban Senate: Judicial Proceedings Making it a misdemeanor to transport an assault weapon into the State or to possess, sell, offer to sell, transfer, purchase, or receive an assault weapon; making it a misdemeanor to use an assault weapon or a specified magazine in the commission of a felony or crime of violence; providing specified penalties; etc. The bill defines assault weapons banned to include (Partial List): AK-47 IN ALL FORMS; AR 100 TYPE SEMI-AUTO; AR 180 TYPE SEMI-AUTO; BUSHMASTER SEMI-AUTO RIFLE; COLT AR-15, CAR-15, AND ALL IMITATIONS EXCEPT COLT AR-15 SPORTER H-BAR RIFLE; SKS WITH DETACHABLE MAGAZINE; SPRINGFIELD ARMORY BM-59, SAR-48, G3, SAR-3, M-21 SNIPER RIFLE, M1A, EXCLUDING THE M1 GARAND; A SEMIAUTOMATIC, CENTERFIRE RIFLE THAT HAS A FIXED MAGAZINE WITH A CAPACITY OF MORE THAN 10 ROUNDS (the rest of the SKS rifles?); A SEMIAUTOMATIC PISTOL WITH A FIXED MAGAZINE OF MORE THAN 10 ROUNDS (old Lugars?); The bill allows grandfathering of assault weapons already owned provided they are registered before 12/1/03. A summary of proponent arguments for banning long guns endorsed by Maryland Senate Democrats is presented here. Sponsored By: Senators Garagiola, Conway, Currie, Exum, Forehand, Grosfeld, Hollinger, Hughes, Jones, Kasemeyer, Kelley, Lawlah, McFadden, Pinsky, Ruben, and Teitelbaum |
Talking Points | ||
| SB528 | 2/27/03 1pm | Regulated Firearms - Reporting of Lost or Stolen Regulated Firearms - Penalties Senate: Judicial Proceedings Requiring a dealer or other person who sells or transfers regulated firearms to notify a purchaser or recipient at the time of purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the Secretary of State Police; requiring the owner of a regulated firearm to report the loss or theft of the regulated firearm to the Secretary within 48 hours after the owner first discovers the loss or theft; establishing penalties for failing to timely report loss or theft of firearm of not more than 3 years imprisonment or $5,000 fine. Obviously aimed at the law abiding since criminals cannot be compelled to report since it might incriminate them (See also HB 836). Sponsored By: Senators Jones and Grosfeld |
Talking Points | ||
| SB634/ HB177 |
3/4/03 1pm | Public Safety - Task Force to Study Breaking and Entering of Shops Engaged in the Retail Sale of Guns Senate: Rules Establishing a task force to study and report concerning breaking and entering of gun shops. Creates a political entity whose only function is to make recommendations for legislation to impose new financial obligations on Gun Shops in time for the 2004 legislative session. Sponsored By: Senators Giannetti |
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| SB754 | 3/19/03 1pm | Crimes - Use and Carrying of an Object that Reasonably Appears to be a Firearm Senate: Judicial Proceedings Prohibiting a person from committing an assault with an object that reasonably appears to be a firearm or is represented to be a firearm This bill should have the title "the bulge in your pocket appears to be a firearm or was claimed to be a firearm by you but wasn't" crime. It appears that Senator Colburn want to penalize using fake guns in a crime as severely as using real ones. His earlier measure SB471 must have been too embarrassingly stupid even for the Democrat leadership, but this measure will just insure that criminals might as well use real guns instead of fake ones. Sponsored By: Senator Colburn |
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Last updated 6/2/03