Legislative Report #03 - January 22, 2024

Dear John,,

We have seen an uptick in the number of crime & penalty bills this Session, due in no small part by the dramatic increase in youth and juvenile related crimes following last Session's trend toward laws which sent a "no consequences" message to criminals.


The anti-gun forces have passed so many gun control laws it appears they are now having trouble finding new things they can ban, regulate, limit or tax. Consequently, we have seen a number of gun control bills which are simply bizarre and make a rational person wonder what the sponsor was thinking, or if they were thinking at all.

In this report:


  • 2A Maryland Zoom meeting - 2024 Session Update
  • Gun bill tracker & download links
  • Links to 2024 Session hearing & testimony protocols
  • 11% Excise Tax on Guns Proposed - Bills Expected in the House and Senate
  • Synopsis of gun bills filed to date
  • Uvalde school shooting - DOJ report
  • Federal judge rules ban on firearms in post offices unconstitutional
  • Attorney General Brown’s Statement on Fourth Circuit’s Decision to Rehear Case Challenging Maryland’s Ban on Assault Weapons Bianchi v. Brown
  • ATF warnng on possession of machine gun conversion devices
  • Rockville Police Department response to 2A Marland's PIA on gun buyback

Best regards,

John H. Josselyn

2A Maryland

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2A Maryland Legislative Zoom Meeting

A 2A Maryland Legislative Zoom Meeting is scheduled for Monday, January 29th @ 7 PM.

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Gun & Crime Related Bills - Bills Status & Hearing Schedules:

Due to the very unusual mix of crime and gun control bills, we have revised our website and PDF bill status reports to differentiate between gun control bills and criminal control bills. This should help our readers to focus on the bills which directly impact all of Maryland's law-abiding gun owners.

2024 Session Gun & Crime Bill Tracker - PDF Download

GUN CONTROL BILLS

CRIMINAL CONTROL BILLS

2024 Session Gun & Crime  Bill Tracker - Webpage

NEW! Committee Hearing & Witness Protocols: Updated for 2024 Session

2024 Senate Witness Guidelines


2024 Senate Witness Guidelines - Easy Read


2024 Senate Witness Guidelines – Plain Language


Senate Judicial Proceedings Committee (JPR) Guidelines – 2024

2024 House Protocol & Hearing Guidelines


2024 House Protocol Guidelines – Plain Language


House Judiciary Committee (JUD) Guidelines – 2024

11% Excise Tax on Guns Proposed - Bills Expected in the House and Senate

According to a local gun control advocacy group's email: "To promote community well-being, the bill proposes an 11% excise tax on firearm dealers, redirecting firearm-related profits. Similar to the federal Pittman-Robertson tax, this measure targets industry profits, not consumers. Collected by the government, these funds will contribute to a comprehensive and sustainable approach to community safety..."


We are still waiting to see the actual bill text and will report on it in our next legislative report.

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

Senate Gun Control Bills:


SB 0039 Gun Theft Felony Act (Cross-filed with HB 0304)

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


SB 0102 Public Safety – Handgun Permits – Expiration and Renewal Periods for Retired 2 Law Enforcement Officer (Cross-filed with HB 0329)

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


SB 0324 Handgun Permits - Accidental Discharge and Training Requirements - Maryland State Police Gun Center (Firearm Safety Act of 2024)

This bill focuses on wear and carry permit holders. It defines an “accidental discharge” as an unintended discharge of a firearm that causes injury to or death of a person, or property damage. Permit holders who experience an accidental discharge will be required to register for a specified certified firearms safety training course within 90 days after the incident; and successfully complete the firearms safety training course within 6 months after the incident or risk loss of permit. The training course shall be approved by the Secretary. Requiring law enforcement agencies to report accidental discharge incidents to the Maryland Gun Center. Flies in the face of the 5th Amendment protection against self-incrimination. OPPOSE


SB 0378 Criminal Law - Theft of a Handgun

Essentially identical to HB 0304 and SB 0039. SUPPORT


SB 0348 Firearms – Right to Purchase, Own, Possess, and Carry (Cross-filed with HB 0296)

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.

Click here to download the bill information in PDF

U.S. Department of Justice (DOJ) Releases Uvalde School Report

From U.S. DOJ Cops Website:


"On May 24, 2022, a mass shooting at Robb Elementary School in Uvalde, Texas, shook the nation. In the aftermath of the tragedy, there was significant public criticism of the law enforcement response to the shooting. Critical Incident Review: Active Shooter at Robb Elementary School


At the request of the then mayor of Uvalde, the U.S. Department of Justice (DOJ) conducted a Critical Incident Review (CIR) of the law enforcement response to the mass shooting. In providing a detailed accounting and critical assessment of the first responder actions in Uvalde, and the efforts since to ameliorate gaps and deficiencies in that response, this report is intended to build on the knowledge base for responding to incidents of mass violence. It also will identify generally accepted practices for an effective law enforcement response to such incidents. Finally, it is intended to help honor the victims and survivors of the Robb Elementary School tragedy."



Click here to download the Executive Summary.


Click here to download the full DOJ report.

Federal judge rules ban on firearms in post offices unconstitutional

By Filip Timotija - 01/13/24 4:28 PM ET


"A federal judge in Florida ruled a U.S. law that prohibits people from having firearms in post offices to be unconstitutional, the latest court decision declaring gun restrictions violate the Constitution. 


U.S. District Judge Kathryn Kimball Mizelle, a Trump appointee, cited the 2022 Supreme Court ruling “New York State Rifle & Pistol Association v. Bruen” that expanded gun rights. The 2022 ruling recognized the individual’s right to bear a handgun in public for self-defense."


Read the entire article:


https://thehill.com/regulation/court-battles/4407341-federal-judge-rules-ban-on-firearms-in-post-offices-unconstitutional/

Attorney General Brown’s Statement on Fourth Circuit’s Decision to Rehear Case Challenging Maryland’s Ban on Assault Weapons  

FOR IMMEDIATE RELEASE:

January 13, 2024

Media Contacts: press@oag.state.md.us

410-576-7009 

  

BALTIMORE, MD – The United States Court of Appeals for the Fourth Circuit has decided to rehear arguments in front of the full court in Bianchi v. Brown, a case involving a constitutional challenge to a Maryland law banning assault weapons.  

 

Maryland’s ban on assault weapons was enacted in 2013 after a shooter used an assault weapon in the 2012 mass shooting at Sandy Hook Elementary School in Newtown, Connecticut that resulted in the deaths of 20 children and six adults.  

 

The court’s decision late Friday evening comes after a three-judge panel of the same court heard oral arguments in the case back in December 2022. No decision had been issued.  

 

“Mass shootings and assault weapons go hand-in-hand. Too many lives have been taken because of these weapons of war that do not belong on our streets or in our communities. I will continue to defend common-sense gun safety laws to protect all Marylanders and to stand up for the innocent lives we have lost at the hands of unnecessary and preventable tragedies that continue to plague this country,” said Attorney General Brown. “I commend the Court’s decision to rehear this case in front of the full court. Innocent lives depend on it.”

 

The hearing before the full court is expected to occur in March 2024. 


 Click here for the AG's press release in PDF.

U.S. Attorney and ATF Release New Public Service Announcement Warning Against Possession of Machine Gun Conversion Devices

LOS ANGELES – The United States Attorney’s Office for the Central District of California and the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Los Angeles Field Division today launched a public service announcement designed to raise awareness on the dangers of machine gun conversion devices, sometimes known as “switches,” “chips” or “auto sears.”


The PSA features United States Attorney Martin Estrada and ATF Los Angeles leadership highlighting the dangers of using illegal conversion devices in firearms and how possession of these devices can lead to federal prosecution and incarceration.


Conversion devices are advertised using misleading names and deceptive descriptions intended to avoid detection by law enforcement and defeat protocols used by internet vendors. Often the devices are advertised with the assertion that the purchase and possession of the devices is lawful. This is not true. A conversion device just on its own is considered an illegal machine gun under federal law and cannot be possessed, even without a pistol or rifle. Both the National Firearms Act and the Gun Control Act regulate machine guns.


The definition of a machine gun under 26 U.S.C. § 5845(b) and 18 U.S.C. § 921(a)(23) includes:


Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.


The combination of parts designed and intended for use in converting a weapon into a machine gun.


Click here for the 30 second PSA


Click here to see the webpage article.

Rockville Police Department Belatedly Responds to 2A Maryland's PIA

It only took 4 months, but the Rockville Police Department finally responded to 2A Maryland's PIA on their gun buyback. Not all questions asked were answered.


Click here for 2A Maryland's PIA and the Rockville Police Department's response.

 

Just in case you missed the Baltimore gun buyback PIA response, here is the link again:

Click here for 2A Maryland's PIA and the Baltimore Police Department's response.

Maryland Gun Laws - Statutes & Code of Maryland Regulations (COMAR)


Note: The 2023 Edition of 2A Maryland's Publication Maryland Gun Laws is now available - see link below. The 2023 Edition of COMAR is currently under construction.

Watch for more updates soon!

Maryland COMAR

2022 Edition

Maryland Gun Laws

2023 Edition NEW!

2A Maryland 2024 Session Legislative Reports - Webpage Views




Report #02 01/08/2024

Report #01 01/04/2024


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John H. Josselyn
2A Maryland

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