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SB 1031

Criminal Law - Child's Access to Firearms - Penalty (Ny'Kala Strawder Act)

2025 Regular Session Introduced by Dalya Attar

SB 1031 strengthens penalties for storing a loaded firearm where an unsupervised minor can access it, adding up to 5 years in prison and/or a $1,000 fine.

Hearing 3/11 at 1:00 p.m.
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Bill Summary · SB 1031

Summary — SB 1031 (Ny’Kala Strawder Act)

Status: Hearing scheduled 3/11 at 1:00 p.m. | Introduced: Jan 31, 2025 | Sponsor: Sen. Attar | Effective date (as written): October 1, 2025

Purpose

SB 1031, titled the Ny’Kala Strawder Act, increases criminal penalties for failing to secure a loaded firearm where an unsupervised minor has access. The bill’s intent is to strengthen deterrence and accountability for firearm storage practices that endanger children.

Key provisions

  • Amends Maryland Criminal Law §4–104 (Access to a Firearm by a Minor).
  • Prohibition (unchanged): A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised minor has access.
  • Penalty change (main substantive change): Current law prescribes a misdemeanor punishable by a maximum fine of $1,000. SB 1031 replaces the fine‑only sanction with criminal penalties of imprisonment for up to 5 years and/or a fine not exceeding $1,000.
  • Exemptions retained: the prohibition does not apply when the minor’s access is supervised by someone at least 18 years old; the access resulted from unlawful entry; the firearm is under a law‑enforcement officer’s control during official duties; or the minor holds a state firearm/hunter safety certificate.
  • Civil‑trial evidence rule (retained): A violation may not be used as evidence of negligence, contributory negligence, or to limit liability or damages in civil actions; parties may not refer to the violation in civil trials involving property damage, personal injury, or death.

Who is affected

  • Primary: individuals who possess, store, or leave loaded firearms in locations accessible to unsupervised minors.
  • Secondary: minors who may gain access to unsecured firearms; law enforcement and the courts (increased potential for criminal prosecutions and custodial sentences); local and State correctional systems (possible small increase in incarceration).

Fiscal and operational impact

  • Department of Legislative Services fiscal note: The bill could cause a minimal increase in State general fund incarceration expenditures and minimal increases in local revenues/expenditures due to the addition of an imprisonment penalty. Otherwise, no material effect on State operations is expected.
  • Judiciary data cited: 79 filings and 1 conviction under §4–104 in District Court in fiscal 2024—suggesting a limited number of current prosecutions.

Other notes

  • The bill keeps the statutory protections that prevent a §4–104 violation from being used in civil liability proceedings.
  • Named the “Ny’Kala Strawder Act.”

Compiled from official sources — confirm details with the bill’s official record.

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