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House Gun Control Bills:
HB 0021 Criminal Procedure - Warrantless Arrest - Straw Purchase Participant
Adding a “straw purchase” to the list of offenses where a law enforcement officer can make an arrest without a warrant. Essentially, the purchase must occur in the officer’s presence which is highly unlikely to occur. Bill language runs close to violating the 4th Amendment. OPPOSE
HB 0296 Firearms – Right to Purchase, Own, Possess, and Carry (Cross-filed with SB 0348)
A well-intentioned but misguided and dangerous bill. Provides that a person may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the person is authorized to use medical cannabis under Title 36, Subtitle 3 of the alcoholic beverages and cannabis article. HOWEVER, cannabis is still a Schedule 1 drug under federal law and thus cannabis users are prohibited from owning or possessing firearms and ammunition (see ATF advisory). Bill has the potential to result in gun owners unwittingly violating federal gun laws. Not Recommended for passage.
HB 0304 Gun Theft Felony Act (Cross-filed with SB 0039)
Existing law treats gun theft as a simple misdemeanor property crime with penalties based upon the value of the stolen property. This bill will elevate the offense to felony. Establishing a penalty for theft of a firearm of imprisonment not exceeding 5 years or a fine not exceeding $1,000 for a first offense, and imprisonment not exceeding 10 years or a fine not exceeding $2,500 for a second or subsequent offense. Sentence imposed shall be consecutive and in addition to sentence(s) for any other offense. SUPPORT
HB 0329 Public Safety – Handgun Permits – Expiration and Renewal Periods for Retired 2 Law Enforcement Officer (Cross-filed with SB 0102)
Increasing the time period a wear and carry permit is valid from 3 years to 5 years for retired law enforcement officers ONLY. This bill is a “carve out” which, as a matter of principle, we cannot support as written. The bill must be amended so the 5-year renewal will apply to all citizens. SUPPORT WITH AMENDMENT
HB 0430 Firearms - Liability Insurance - Public Wearing and Carrying
This bill goes beyond carry permit holders by requiring that a person who wears or carries a loaded handgun, rifle or shotgun be covered by liability insurance to cover claims for property damage, bodily injury, or death arising from an accident resulting from the person’s use or storage of a firearm of up to $300,000 for damages arising from the same incident. Will impact hunters, trap shooters, casual shooters on the range, even youth groups will be impacted. A person who violates this section is guilty of a misdemeanor and on conviction is subject to loss of the person’s right to possess a regulated firearm, a rifle, and a shotgun. Provides an escape clause if the person shows proof of insurance prior to conviction. OPPOSE
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