Maryland HB 636: Public Safety - Access to Firearms - Storage Requirements

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
           *hb0636*   
  
HOUSE BILL 636 
E4, E1   0lr1091 
    CF 0lr1524 
By: Delegates Stein, Lopez, Atterbeary, Cain, Carr, Charkoudian, Forbes, Guyton, 
Kelly,  Korman,  R. Lewis,  Lierman, Love,  Moon,  Pena–Melnyk,  Queen, 
Rosenberg,   Shetty,   Solomon,   Stewart,   Terrasa,   Valentino–Smith,   and 
C. Watson 
Introduced and read first time: January 29, 2020 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Public Safety – Access to Firearms – Storage Requirements 2 
 
FOR  the  purpose  of altering  a  certain  prohibition  to  prohibit a  person  from  storing  or 3 
leaving a loaded or unloaded firearm in a location where a minor could gain access 4 
to the firearm; repealing a certain exception to the prohibition; prohibiting a person 5 
from  storing  or  leaving  a  loaded  or  unloaded  firearm  in  a  location  where  an 6 
unsupervised minor could gain access to the firearm and an unsupervised minor does 7 
gain access to the firearm; prohibiting a person from storing or leaving a loaded or 8 
unloaded firearm in  a location where a minor could gain access to the firearm, an 9 
unsupervised minor does gain access to the firearm, and the firearm causes harm to 10 
the  minor  or  another  person;  establishing  penalties for a  violation  of  this  Act; 11 
repealing a certain defined term; and generally relating to storage of firearms. 12 
 
BY repealing and reenacting, with amendments, 13 
 Article – Criminal Law 14 
Section 4–104 15 
 Annotated Code of Maryland 16 
 (2012 Replacement Volume and 2019 Supplement) 17 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 
That the Laws of Maryland read as follows: 19 
 
Article – Criminal Law 20 
 
4–104. 21 
 
 (a) (1) In this section the following words have the meanings indicated. 22 
 

2 HOUSE BILL 636  
 
 
  (2) “Ammunition”  means  a  cartridge,  shell,  or  other  device  containing 1 
explosive or incendiary material designed and intended for use in a firearm. 2 
 
  (3) [“Child” means an individual under the age of 16 years. 3 
 
  (4)] (i) “Firearm”   means   a   handgun,   rifle,   shotgun,  4 
short–barreled  rifle, or  short–barreled  shotgun,  as  those terms  are  defined  in  § 4–201  of 5 
this title, or any other firearm. 6 
 
   (ii) “Firearm” does not include an antique firearm as defined in §  7 
4–201 of this title. 8 
 
 (b) This section does not apply if: 9 
 
  (1) the [child’s] MINOR’S access to a firearm is supervised by an individual 10 
at least 18 years old; 11 
 
  (2) the [child’s] MINOR’S access to a firearm was obtained as a result of an 12 
unlawful entry; OR 13 
 
  (3) the firearm is in the possession or control of a law enforcement officer 14 
while the officer is engaged in official duties[; or 15 
 
  (4) the child has a certificate of firearm and hunter safety issued under § 16 
10–301.1 of the Natural Resources Article]. 17 
 
 (c) (1) A person may not store or leave a loaded OR UNLOADED firearm in a 18 
location where the person knew or should have known that an unsupervised [child would] 19 
MINOR COULD gain access to the firearm. 20 
 
  (2) A PERSON  MAY  NOT  STORE OR  LEAVE  A  LOADED  OR UNLOADED 21 
FIREARM IN A LOCATION WHERE: 22 
 
   (I) THE  PERSON  KNEW  OR SHOULD  HAVE  KNOWN  THAT  AN 23 
UNSUPERVISED MINOR COULD GAIN ACCESS TO THE FIREARM; AND 24 
 
   (II) AN   UNSUPERVISED   MINOR   DOES   GAIN   ACCESS   TO   THE 25 
FIREARM. 26 
 
  (3) A PERSON  MAY  NOT  STORE OR  LEAVE  A  LOADED  OR UNLOADED 27 
FIREARM IN A LOCATION WHERE: 28 
 
   (I) THE  PERSON  KNEW  OR  SHOULD  HAVE  KNOWN  THAT  AN 29 
UNSUPERVISED MINOR COULD GAIN ACCESS TO THE FIREARM; 30 
 

 HOUSE BILL 636 3 
 
 
   (II) AN   UNSUPERVISED   MINOR   DOES   GAIN   ACCESS   TO   THE 1 
FIREARM; AND 2 
 
   (III) THE   FIREARM   CAUSES   HARM   TO   THE   MINOR   OR TO 3 
ANOTHER PERSON. 4 
 
 (d) (1) A person who violates SUBSECTION (C)(1) OF this section is guilty of 5 
a misdemeanor and on conviction is subject to IMPRISONMENT NOT EXCEEDING 90 DAYS 6 
OR a fine not exceeding $1,000 OR BOTH. 7 
 
  (2) A PERSON WHO VIOLATES SUBSECTION (C)(2) OF THIS SECTION IS 8 
GUILTY  OF  A  MISDEMEANOR AND  ON  CONVICTION  IS SUBJECT  TO  IMPRISONMENT 9 
NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $2,500 OR BOTH. 10 
 
  (3) A PERSON WHO VIOLATES SUBSECTION (C)(3) OF THIS SECTION IS 11 
GUILTY  OF  A  MISDEMEANOR  AND  ON  CONVICTION  IS  SUBJECT  TO  IMPRISONMENT 12 
NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH. 13 
 
 (e) (1) A violation of this section may not: 14 
 
   (i) be considered evidence of negligence; 15 
 
   (ii) be considered evidence of contributory negligence; 16 
 
   (iii) limit liability of a party or an insurer; or 17 
 
   (iv) diminish  recovery  for  damages  arising  out  of  the  ownership, 18 
maintenance, or operation of a fi