Bill
No. |
|
Hearing
Date, Time |
Bill Title and Synopsis |
|
Notes |
|
|
|
|
|
|
HB12
|
|
3/8 1:00pm |
Repeal of Procedure on Shell Casing Information . . . House: Judiciary
Repeals parts of the year 2000 Responsible Gun Safety Act (SB211) dealing with the collection and reporting of shell casing required for new guns sold in Maryland. This bill entirely repeals section 5-131 requiring manufacturers of handguns to provide a shell casing to the Maryland State Police from each new gun and requiring dealers to collect the casings and for the police to process the casings and enter the results into a ballistic database. The bill also changes the reporting of personalized handgun technology every three years rather than annually. The bill was introduced last year as HB179 with three sponsors.
Sponsored By: Delegate Smigiel
|
|
Talking Points |
HB14
|
|
3/8 1:00pm |
Handgun Safety Devices - Repeal House: Judiciary
This bill repeals Section 5-132 of the Public Safety Article totally. The section is responsible for requiring an integrated safety lock for all handguns offered in Maryland for sale which were manufactured on or after January 1, 2003. This section also required external safety locks for handguns manufactured on or before December 31, 2002 on handgun sold in Maryland. This section includes the requirement for annual reporting of the status of technology for “personalized handgun” and that would be repealed also.
The bill was introduced 2004 as HB 414 with 22 sponsors.
Sponsored By: Delegate Smigiel
|
|
|
HB405
|
|
3/8 1:00pm |
Gun Shops - Security Requirements for Regulated Firearms House: Judiciary
Requiring an applicant for a State regulated firearms dealer's license to provide evidence satisfactory to the Secretary of State Police that the applicant's proposed place of business has specified security features including a monitored security system, a vault or safe for storage of regulated firearms that are handguns and to secure regulated firearms other than handguns with a cable lock or to lock them in a vault or safe; requiring a licensee to take specified security measures during nonbusiness hours and when the structure is not occupied; reducing from 30 days to 7 days the threshold amount of time spent in a mental institution that requires the Secretary of State Police to revoke a dealer's license under specified circumstances; etc.
Offered in 05 as Gun Shops - Security Requirements for Regulated Firearms
with 20 sponsors, similar to the 04 bill Gun Shops
- Storage Vaults for Regulated Firearms with 11 sponsors, and
similar to the 03 bill Regulated
Firearms - Dealers - Security Standards for Places of Business
with only Del. Mines as sponsor.
Sponsored By: Delegates Niemann and Menes
|
|
Talking Points |
| HB451 |
|
3/8 1:00pm |
Police Officer Protection Act of 2006 House: Judiciary
Requiring a dealer or other person who sells or transfers a regulated firearm 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 local law enforcement agency; requiring the owner of the regulated firearm to report within 48 hours after discovering the loss or theft; requiring a person to report a lost or stolen regulated firearm within 48 hours of when the firearm is discovered missing.
Offered in 03 as Regulated Firearms - Reporting of Lost or Stolen Regulated Firearms - Penalties and in 05 as Police Officer Protection Act of 2005
Another Trojan Horse bill inasmuch as the Supreme Court of the U.S. has held that criminals cannot be compelled to incriminate themselves so criminals who wish to claim guns are stolen when they have been sold will not be obliged to report the "missing" gun and the only persons to which this law applies will be those not having a criminal intent but who neglect to report a gun missing. Also, since the law starts the 48 hour clock when the gun is discovered missing, a smart person will claim to have discovered it missing the moment the police arrive to arrest him.
Sponsored By: Delegates Dumais, Barkley, Bobo, Bronrott, Feldman, Frush, Gutierrez, Heller, Kaiser, Kelley, King, Lawton, Lee, Madaleno, McHale, Menes, Moe, Montgomery, Pendergrass, Petzold, Quinter, Rosenberg, Stern, F. Turner, and Vaughn
|
|
Talking Points |
HB529
|
|
3/8 1:00pm |
Declaration of Rights - Right to Keep and Bear Arms House: Judiciary
Bill for amending the Maryland Constitution for the right to keep and bear arms for the defense of self, family, home, and State, and for hunting and recreation; and submitting the amendment to the qualified voters of the State of Maryland for their adoption or rejection.
The bill was introduced in the Maryland Senate in 2002 as SB379 with Senator Ferguson as lead sponsor. Ferguson withdrew this bill claiming risk from Christmas Treeing.
Sponsored By: Delegates Costa, Aumann, Bartlett, Bates, Boschert, Boteler, Bromwell, Cluster, Donoghue, Dwyer, Eckardt, Elliott, Frank, Gilleland, Impallaria, Jennings, Kach, Kohl, Kullen, Leopold, McDonough, McMillan, Miller, Rudolph, Sophocleus, Sossi, Stocksdale, Stull, and Weldon
|
|
|
HB589
SB870 |
|
2/22 1:00pm
Unfav. Jud |
Protection of Persons and Property - Immunity
House: Judiciary
Providing that a person is justified in using nondeadly force under specified circumstances; providing that a person is justified in using deadly force under specified circumstances; providing that a person who is justified in using force is immune from criminal prosecution and civil action; etc.
Sponsored By: Delegates Cluster, Boteler, Aumann, Bates, Boschert, Dwyer, Eckardt, Edwards, Elliott, Elmore, Frank, Gilleland, Glassman, Hogan, Impallaria, Jennings, Kach, Kelly, Krebs, Mayer, McComas, McConkey, McDonough, McKee, McMillan, Miller, Myers, O'Donnell, Parrott, Shank, Smigiel, Sossi, Stocksdale, Trueschler, and Weldon
|
|
|
| HB660 |
|
3/8 1:00pm |
Criminal Law - Use of Firearm in Commission of Crime
House: Judiciary
Making it a misdemeanor to use any firearm in the commission of a crime of violence or a felony, whether or not the firearm is operable at the time of the crime; etc.
The bill was introduced in the Maryland House in 2005 as HB38 with Delegates Sophocleus, Barkley, Boschert, Cadden, Conroy, Dumais, Heller, and Quinter as sponsors.
Sponsored By: Delegates Sophocleus, Boschert, Bozman, Bromwell, G. Clagett, V. Clagett, Costa, Dwyer, Gilleland, Harrison, Healey, Kelley, Krysiak, Love, Mayer, McComas, McMillan, Montgomery, Quinter, Simmons, Smigiel, and Weir
|
|
|
| HB824 |
|
3/9 1:00pm |
Domestic Violence - Protective Orders - Surrender of Firearms
House: Judiciary
Authorizing a District Court commissioner, who issues an interim protective order to protect a person eligible for relief, to order the respondent to surrender specified firearms to law enforcement authorities for the duration of the order; authorizing a judge who issues a temporary protective order to protect a person eligible for relief, to order the respondent to surrender specified firearms to law enforcement authorities for the duration of the order; etc.
Sponsored By: Delegates Petzold, Dumais, King, Lawton, Menes, and Stern
|
|
|
| HB835 |
|
3/7 1:00pm |
Identification Numbers - Crimes - Penalties
House: Judiciary
Increasing the penalties for removing or falsifying specified identification numbers pertaining to motor vehicles and related crimes; prohibiting a person from knowingly possessing a firearm with an altered, obliterated, removed, or changed manufacturer's identification mark or number; etc.
Sponsored By: Delegate Menes
|
|
|
| HB979 |
|
Withdrawn |
Task Force to Study Violent Crime
House: Judiciary
Creating a Task Force to Study Violent Crime; providing for the membership, chair, and staff of the Task Force; requiring the Task Force to study the incidence of violent crime in Baltimore City and Prince George's County and recommend strategies for reducing violent crime in those jurisdictions; requiring the Task Force to report its findings and recommendations on or before December 1, 2007; providing for the termination of the Act; etc.
Sponsored By: Delegates Howard, Benson, Conroy, Cryor, C. Davis, D. Davis, Frush, Goodwin, Healey, Holmes, Kaiser, Kelley, Parker, Patterson, Ramirez, Ross, and Vaughn
|
|
Talking Points |
| HB1157 |
|
3/3 1:00pm |
Natural Resources - Black Bear Hunt - Prohibition
House: Environmental Matters
Classifying black bears as nongame mammals; prohibiting the Department of Natural Resources from reducing the black bear population in the State with specified exceptions; and prohibiting the Department from establishing an open season to hunt black bears.
Sponsored By: Delegates Frush, Barkley, Bronrott, Cardin, Conroy, Cryor, Dumais, Gutierrez, Holmes, Hubbard, Kach, Lawton, Lee, Mandel, Menes, Moe, Parker, and Stern
|
|
|
| HB1162 |
|
3/8 1:00pm |
Women and Children's Protection Act of 2006
House: Judiciary
Applying existing qualifications for a permit to wear, carry, or transport a handgun to men only; and establishing qualifications for a permit to wear, carry, or transport a handgun for women.
Sponsored By: Delegates Dwyer, Bates, Boschert, Boteler, Costa, DeBoy, Eckardt, Edwards, Frank, Gilleland, Glassman, Hogan, Impallaria, Kohl, Krebs, McComas, McConkey, McKee, Myers, O'Donnell, Parrott, Shewell, Smigiel, Stocksdale, and Walkup
|
|
|
HB1163
SB911 |
|
3/8 1:00pm |
Public Safety - Handgun Permits - Repeal of Finding Requirement
House: Judiciary
Repealing the requirement that the Secretary of State Police find that a person has a good and substantial reason to wear, carry, or transport a handgun before issuing a handgun permit to the person.
Sponsored By: Delegates Dwyer, Aumann, Bartlett, Bates, Boschert, Boteler, Cluster, Costa, DeBoy, Eckardt, Edwards, Frank, Gilleland, Glassman, Hogan, Impallaria, Jennings, Kach, Kohl, Krebs, Leopold, McComas, McConkey, McDonough, McKee, Miller, Myers, O'Donnell, Parrott, Shank, Shewell, Smigiel, Sossi, Stocksdale, Stull, Walkup, and Weldon
|
|
|
HB1191
SB744 |
|
Withdrawn |
Task Force on the Youth Homicide Rate in Baltimore City
House: Judiciary
Establishing a Task Force on the Youth Homicide Rate in Baltimore City; providing for the membership and cochairs of the Task Force; requiring the Joint Committee on Children, Youth, and Families to staff the Task Force; providing that the members of the Task Force may not receive compensation but are entitled to a specified reimbursement; establishing the duties of the Task Force; requiring the Task Force to submit a report by July 1, 2007; etc.
Sponsored By: Delegate Marriott
|
|
Talking Points |
| HB1367 |
|
3/8 1:00pm |
Maryland Assault Weapons Ban of 2006
House: Judiciary
An AW ban bill was introduced last year as HB948 with 68 sponsors and in 2004 as as HB1298 with 71 sponsors. In some of these prior years, the bill was cross-filed in the senate. A graphic cartoon shows early sponsors here (scan down the page).
Bill makes 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 possess an assault weapon and to provide manditory minimum sentences and enhancements for using an assault weapon in the commission of a felony or crime of violence. The primary targets of this bill are semi-automatic long guns since assault pistols have been previously banned.
The bill defines assault long guns 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; Ruger mini-14 folding stock model (.223 caliber); any semi-automatic, centerfire rifle that can accept a detachable magazine and any of 1) pistol grip, thumbhole stock, folding or telescoping stock, granade launcher or flair launcher, flash suppressor, or forward pistol grip. [some commercial versions of SKS rifles]; any semi-automatic, centerfire rifle with a fixed magazine of more than 10 rounds; any semi-automatic rifle with a overall length less than 30 inches.
The bill defines as a copycat weapon any semi-automatic rifle that can accept a detachable magazine and any of: a pistol grip, a thumbhold or telescoping stock, a granade launcher or flare launcher, a flash suppressor, or a forward pistol grip. That definition includes most semi-automatic rifles which "can accept" these items.
Additionally, the bill defines as an assault (copycat) weapon any semi-automatic pistol that can accept a detachable magazine and any of: a threaded barrel capable of accepting a flash hider or silencer; a second handgrip; a shroud that encircles the barrel (except for a slide); a detachable magazine outside of the pistol grip. That definition includes most semi-automatic pistols since they can accept a threaded barrel, etc.
The bill defines as an assault weapon any semi-automatic shotgun that has both of: a pistol grip, thumbhole stock, or vertical handgrip; a folding or telescoping stock or has a revolving cylinder.
The bill allows grandfathering of assault long guns or copycat weapons already owned before 10/1/06 provided they are registered before 12/1/06. However, the bill is poorly written and there is a catch. Assault weapon is defined to include assault long guns. And there is a change which requires registering assault weapons prior to 8/1/1994 (something impossible for a rifle bought last year, for example). This provision establishes a conflict with the other provision requiring registration of assault long guns. Be aware that we do not want to help the grabbers perfect their bills.
The bill introduces more severe penalties for simple robbery using an assault long gun than Maryland imposes on some murderers and rapists (see Talking Points 2). Since homeowners have been charged with assault (a crime of violence) from just pointing a gun at an intruder in Maryland, the primary use of these penalties is intimidation to force acceptance of a plea to avoid the risk of more jail time than given to Maryland murderers typically. This bill will render these guns as being useless to the law-abiding citizen. Given the threat of these draconian sentences, the only prudent self-defense firearms would be ones clearly not assault weapons such as revolvers or double barrel shotguns.
A summary of proponent arguments for banning long guns endorsed by Maryland Democrats in 2004 is presented here.
Sponsored By: Delegates Quinter, Anderson, Barkley, Benson, Bronrott, Brown, Burns, Conroy, Doory, Dumais, Feldman, Franchot, Frush, Gaines, Gutierrez, Haynes, Heller, Hubbard, Kelley, Krysiak, Lee, Madaleno, McIntosh, Menes, Moe, Nathan-Pulliam, Niemann, Oaks, Paige, Patterson, Petzold, Ramirez, Rosenberg, Ross, Stern, Vaughn, and Zirkin
|
|
Talking Points 1
Talking Points 2
or Talking Points
|
| HB1369 |
|
3/8 1:00pm |
Public Safety - Handgun Identification Requirements - Alternative Means of Compliance
House: Judiciary
Providing that a handgun manufacturer may comply with handgun identification requirements by ensuring that when ammunition is fired from a handgun, the handgun operates in a manner that includes copying the characters onto the shell casing of the ammunition by means of microstamping; establishing civil and criminal penalties for failure to comply with handgun identification requirements; etc.
Sponsored By: Delegates Quinter and Dumais
|
|
|
| HB1382 |
|
3/8 1:00pm |
Regulated Firearms - License Issued by Another State - Reciprocity
House: Judiciary
Specifying that a license to carry a regulated firearm, including a concealed regulated firearm, issued by another state to an individual is valid in Maryland.
Sponsored By: Delegates Miller, Aumann, Bartlett, Bates, Boteler, Cluster, Dwyer, Eckardt, Edwards, Elliott, Elmore, Frank, Gilleland, Glassman, Hogan, Impallaria, Kach, Kohl, Krebs, Leopold, McConkey, McDonough, McKee, Myers, O'Donnell, Parrott, Shank, Shewell, Smigiel, Sossi, Stocksdale, Stull, Walkup, Weir, and Weldon
|
|
|
| |
|
|
|
|
|
| |
|
|
|
|
|
SB19
|
|
2/22 1:00pm |
Public Safety - Law Enforcement Agencies - Return of Personal Property to Owner Senate: Judicial Proceedings
This bill requires a law enforcement agency to hold personal property that comes into the possession of the agency until the agency determines that the property is no longer needed in connection with a prosecution and thereup the law enforcement agency to deliver the personal property to a specified person after determining that the property is no longer needed in connection with a prosecution; etc.
Our interest is that firearms are the personal property most often not returned without a fight.
The bill was introduced 2004 as HB 818 with 7 sponsors.
Sponsored By: Senator Mooney
|
|
|
| SB24 |
|
3/9 1:00pm |
Use of Firearm in Commission of Crime
Senate: Judicial Proceedings
A bill ostensibly to make uniform the penalties for using any firearm in a crime of violence regardless of the type of firearm. Actually, the definitions of a firearm introduced in this bill are not necessary inasmuch as section 5.101 of Public Safety Article defines firearm as:
"Firearm" means:
(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or
(ii) the frame or receiver of such a weapon.
(2) "Firearm" includes a starter gun.
(see http://mlis.state.md.us/cgi-win/web_statutes.exe?gps&5-101 ) which is being redefined. In fact "Antique Firearm" is a special case of "Firearm". You can see the definition of "Antique Firearm" in the referenced section (referenced by 5.101 of the Public Safety Article) of the Criminal Law Article at:
http://mlis.state.md.us/cgi-win/web_statutes.exe?gcr&4-201 and so including the definition in this bill is completely unnecessary. Likewise, including the other special firearm definitions are unnecessary to the supposed purpose of the bill.
It appears (again) that Sen. Garagiola has some hidden purpose.
Sponsored By: Senator Garagiola
|
|
|
| SB518 |
|
2/22 1:00pm |
Public Safety - Disposal of Handguns Owned by a Law Enforcement Agency
Senate: Judicial Proceedings
Authorizing a law enforcement agency to dispose of a handgun owned by the agency by selling, exchanging, or transferring the handgun to a manufacturer; and defining a specified term.
Sponsored By: Senators Haines, Astle, Brinkley, DeGrange, Della, Giannetti, Jacobs, Jimeno, Mooney, and Stone
|
|
|
SB870
HB589 |
|
3/14 1:00 pm |
Protection of Persons and Property - Immunity
Senate: Judicial Proceedings
Providing that a person is justified in using nondeadly force under specified circumstances; providing that a person is justified in using deadly force under specified circumstances; providing that a person who is justified in using force is immune from criminal prosecution and civil action; etc.
Sponsored By: Senators Jacobs, Brinkley, Hafer, Haines, Hooper, Mooney, and Stone
|
|
|
| SB907 |
|
3/8 1:00pm |
Nuisance Actions - Noise - Sport Shooting Ranges
Senate: Judicial Proceedings
Altering a limitation on the applicability of a specified prohibition on nuisance actions against a sport shooting range; prohibiting a governmental entity from bringing a public nuisance action against a sport shooting range under specified circumstances; defining specified terms; etc.
Sponsored By: Senators Astle and Pipkin
|
|
|
| SB910 |
|
|
Crimes - Self-Defense - No Duty to Retreat or Seek Safety by Escape
Senate: Rules
Authorizing a person charged with a specified crime to assert a claim of self-defense even though the person failed to retreat or seek safety by escape.
Sponsored By: Senators Hooper, Colburn, Haines, Harris, Jacobs, and Mooney
|
|
|
SB911
HB1163 |
|
3/21 1:00 pm |
Public Safety - Handgun Permits - Repeal of Finding Requirement
Senate: Judicial Proceedings
Repealing the requirement that the Secretary of State Police find that a person has a good and substantial reason to wear, carry, or transport a handgun before issuing a handgun permit to the person.
Sponsored By: Senators Hooper, Brinkley, Colburn, Greenip, Haines, Jacobs, Jimeno, Kittleman, Mooney, Pipkin, and Stone
|
|
|
