Summary — SB 585 (2025): Criminal Law — Exception to Armed Trespass Prohibition for Retired Law Enforcement Officials
Status / Key dates
- Introduced: January 23, 2025 (Senate, Judicial Proceedings).
- Committee: Judicial Proceedings — favorable with amendments.
- Senate action: Passed (with amendments).
- Effective date (as written): October 1, 2025.
- Cross-file / companion: HB 308.
- Fiscal note: State and local finances not materially affected.
Purpose / intent
- To create a narrow statutory exception to Maryland’s prohibition on entering another’s dwelling or real property while wearing, carrying, or transporting a firearm (Md. Crim. Law § 6‑411), allowing certain retired law enforcement officials to carry a concealed firearm into dwellings or onto property without having the owner’s express permission or a posted sign permitting firearms — provided they meet specified conditions.
What the bill does (major provisions)
- Amends Md. Criminal Law § 6‑411 to add an exception for a person who:
- Has retired in good standing from a law enforcement agency of the United States, Maryland, another state, or a local unit in Maryland or another state; and
- Possesses a firearm that is concealed from view under or within an article of clothing; and
- Either:
- Is authorized to carry a handgun under State or federal law and is carrying the person’s badge or credential in compliance with applicable requirements; OR
- Possesses a valid Maryland permit to wear, carry, or transport a handgun issued under Title 5, Subtitle 3 of the Public Safety Article.
- Leaves intact other provisions of § 6‑411 — e.g., the general prohibitions for non-exempt persons and the misdemeanor penalty for willful violations (up to 1 year imprisonment and/or a fine up to $1,000).
- Does not broaden on-duty exceptions already in law (those remain unchanged).
Who is affected
- Primary beneficiaries: retired law enforcement officials who meet the “good standing” and concealment/credential or permit conditions.
- Affected third parties: private property and dwelling owners (their ability to bar concealed firearms by retired officers may be limited unless other legal avenues apply).
- Enforcement/justice system: prosecutors and courts (statutory scope of prohibited conduct and available defenses/ exemptions are altered).
Context and legal notes
- Section 6‑411 currently prohibits entering another’s dwelling or property while carrying a firearm unless the owner permits it or signage allows it; violations are misdemeanors.
- The fiscal note reports no material fiscal impact.
- The legislative analysis references a recent federal district court decision (Kipke v. Moore, Aug. 2, 2024) that enjoined enforcement of part of § 6‑411 — an active legal context that may affect enforcement and litigation over related restrictions.
Implications
- The bill creates a limited carve‑out balancing retired officers’ carrying privileges against private property rights; practical impact depends on how courts interpret “retired in good standing,” badge/credential requirements, and interactions with ongoing litigation about § 6‑411.
