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HB 354

Criminal Law - Prohibitions on Wearing, Carrying, or Transporting a Handgun - Penalties

2025 Regular Session Introduced by Robin Grammer

HB 354 requires proof of knowingly possessing a handgun and replaces jail time (30 days–5 years) with fines up to $1,000 for eligible offenders.

Hearing 2/05 at 2:00 p.m.
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Bill Summary · HB 354

Summary — HB 354

Title: Criminal Law — Prohibitions on Wearing, Carrying, or Transporting a Handgun — Penalties
Primary sponsor: Delegate Grammer (as reflected in Maryland analysis)
Status: Hearing scheduled 2/05 at 2:00 p.m.; introduced (filed) 11/12/2024 (see procedural timeline below)

Purpose / Intent

HB 354 revises Maryland’s criminal law governing the wearing, carrying, and transporting of handguns. Its primary aims are to (1) require proof of a culpable mental state (“knowingly”) for certain handgun-possession prohibitions, (2) remove a statutory presumption that transportation of a handgun in a vehicle is knowing, (3) repeal the prohibition on possessing a handgun “about the person” (constructive possession), and (4) reduce criminal penalties for specified handgun-possession offenses for persons who are otherwise legally eligible to possess a handgun.

Key provisions

  • Establishes a “knowingly” mens rea element for:
    • Wearing, carrying, or transporting a handgun on the person (whether concealed or open); and
    • Transporting a handgun in a vehicle (whether concealed or open).
  • Repeals the statutory prohibition on wearing, carrying, or transporting a handgun “about the person” (constructive possession in one’s proximity).
  • Eliminates the rebuttable presumption that a person transporting a handgun in a vehicle on a public road/parking lot/highway/waterway/airway does so knowingly.
  • Alters penalties for individuals who are not otherwise prohibited from possessing firearms but knowingly violate the specified prohibitions:
    • Replaces current imprisonment-based penalties (minimum 30 days to 5 years and/or fines) with a maximum monetary penalty (fine up to $1,000) for these specific violations.
    • The change applies to (1) possession on the person, (2) possession in a vehicle, and (3) those violations when the handgun is loaded — for persons otherwise lawfully eligible to possess firearms.
  • Preserves existing exceptions (law enforcement, permit holders, transport to/from purchase/repair/residence under specified safe-transport conditions, organized activities, collectors, etc.) and retains more severe penalties for other categories (deliberate intent to injure/kill, offenses on school property, repeat offenders), as reflected in current statute.

Who is affected

  • Individuals charged under Maryland’s current prohibitions on wearing, carrying, or transporting handguns — especially those who are not otherwise disqualified from firearm possession (e.g., permit-eligible persons).
  • Law enforcement and prosecutors: proof requirements change (must prove knowing possession), and a presumption used in prosecutions is removed.
  • Courts and corrections: likely fewer incarceration sentences for specified offenses and potential caseload shifts between circuit courts and District Court.
  • Communities disproportionately affected by handgun-possession enforcement, particularly Black Marylanders, who currently make up a large share of arrests under these statutes.

Fiscal and equity impacts (as analyzed)

  • State fiscal effects: minimal net impacts — slight increase in general fund fine revenues (more cases resolved in District Court) and minimal decrease in correctional expenditures due to reduced incarceration for these offenses.
  • Local fiscal effects: minimal decreases in local revenues and expenditures tied to incarceration and sentencing.
  • Racial equity: analysis notes that current enforcement disproportionately impacts Black individuals; by adding an intent requirement and reducing penalties, the bill may reduce arrests/convictions and incarceration for nonviolent or unknowing possession cases — though the exact effect on arrest patterns is uncertain.

Procedural / timeline notes

  • Introduced (filed): 11/12/2024 (document set includes multiple filing dates in various versions; analysis refers to 2025 session).
  • Hearing scheduled: 2/05 at 2:00 p.m. (per bill information provided).
  • The bill text would amend Article — Criminal Law (Maryland) sections governing definitions and § 4–203 (wearing/carrying/transporting a handgun).

If you want, I can:
- Produce a side-by-side comparison of current statutory language vs. the bill’s language, or
- Extract and summarize the specific revised penalty table and exceptions retained in the bill.

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

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