Criminal Justice (Firearms)

HB 1061 expands Maryland's enhanced sentencing for illegally carrying or transporting a handgun by including prior convictions from other states, federal courts, or tribal courts. It affects individuals who have previously been convicted of gun-related offenses outside Maryland. The bill amends sentencing tiers so that these out-of-state or federal convictions now count toward mandatory minimum sentences under Section 4-203 of the Criminal Law. This means people with prior gun convictions in other jurisdictions face harsher penalties for violating Maryland's handgun laws.

SB 620 modifies Maryland's sentencing for handgun violations by expanding the list of prior convictions that trigger enhanced penalties. It adds certain convictions from other states, federal courts, or tribal courts to the list that count toward stricter sentencing under Section 4-203(c) of the Criminal Law. Specifically, if a person has prior convictions (including out-of-state or federal offenses that would violate Maryland's handgun laws), they face longer mandatory minimum sentences for subsequent violations. This directly affects individuals with prior criminal records who are convicted of carrying, wearing, or transporting a handgun in Maryland.

HB 863 reclassifies the theft of a firearm as a felony under Maryland law, previously treated as a lower-level offense. It establishes felony penalties based on the firearm's value: up to 5 years in prison or a $10,000 fine for theft valued at $1,500-$25,000, up to 10 years for $25,000-$100,000, and up to 20 years for $100,000 or more. Convicted individuals must also return the firearm or pay its value to the owner. The bill directly affects anyone who steals a firearm or knowingly possesses stolen firearms, raising penalties for these offenses under Section 7-104 of Maryland’s Criminal Law.

HB 1417, the Maryland Constitutional Carry Act, repeals Maryland’s requirement for a permit to carry a handgun in public. It removes the need for a permit (previously required under Title 5, Subtitle 3 of the Public Safety Article) and eliminates age restrictions for carrying (previously prohibiting those under 21 from carrying handguns). The bill allows most adults to carry handguns openly or concealed without a permit, though it maintains existing restrictions on carrying on school property, with intent to harm, or with a loaded firearm. Key provisions are updated in the Criminal Law Article (Sections 4-101(b) and 4-203), adding a new allowance for carrying "as a reasonable precaution against apprehended danger" while preserving other prohibitions. This directly affects all Maryland residents who are not prohibited from owning firearms.

HB 171 modifies Maryland's definition of "drug trafficking crime" to include misdemeanor cannabis possession or distribution violations (under sections 5-602(b)(1) and 5-603(b)), expanding the scope of offenses triggering firearm restrictions. This means individuals charged with certain cannabis-related misdemeanors could now face enhanced penalties if they possess a firearm during the offense. The bill mandates a minimum 5-year prison sentence for a first offense and 10 years for repeat offenses, with no possibility of sentence suspension or parole eligibility. It directly affects people convicted of cannabis misdemeanors who possess firearms, as these offenses would now qualify as "drug trafficking crimes" under the law. The changes would take effect October 1, 2026.

SB 362 (the Ny'Kala Strawder Act) amends Maryland law to increase penalties for storing or leaving a loaded firearm where a person knew or should have known an unsupervised minor could access it. It prohibits negligent firearm storage in locations accessible to minors, making violations a misdemeanor punishable by up to 5 years in prison or a $1,000 fine, or both. Exceptions include supervised access by an adult, unlawful entry, law enforcement possession during duties, or a minor with a valid hunter safety certificate. The law also explicitly states violations cannot be used as evidence of negligence in civil cases or referenced during civil trials involving firearm-related injuries or deaths. The bill takes effect October 1, 2026.

SB 406 redefines "drug trafficking crime" in Maryland law to include misdemeanor violations of cannabis possession (specifically § 5-602(b)(1) and § 5-603(b)), not just felonies. This means individuals charged with misdemeanor cannabis offenses - like possessing quantities suggesting intent to distribute - will now be subject to firearm restrictions during those offenses. The bill adds that possessing a firearm during such a misdemeanor cannabis violation constitutes a separate felony, carrying a mandatory minimum 5-year prison sentence for a first offense. It directly affects people facing misdemeanor cannabis charges by expanding the scope of offenses triggering enhanced firearm penalties. The changes take effect October 1, 2026.