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SB 336

Gun Theft Felony Act of 2025

2025 Regular Session Introduced by Jack Bailey and 14 co-sponsors

Creates a standalone firearm theft felony with fixed penalties (up to 5 years first offense, up to 10 years for repeats) and consecutive sentencing, replacing value-based grading.

Hearing 1/30 at 1:00 p.m.
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Bill Summary · SB 336

SB 336 — Gun Theft Felony Act of 2025

Status: Hearing scheduled 1/30 at 1:00 p.m.
Introduced: (session materials dated Jan–Feb 2025)
Jurisdiction: Maryland (bill text and fiscal note correspond to Maryland Senate Bill)

Purpose / Intent

SB 336 creates a standalone felony offense for theft of a firearm and establishes fixed felony penalties for that offense. The bill removes firearm theft from the State’s general theft statute (which imposes penalties tied to the value of stolen property) and substitutes a firearm-specific punishment scheme intended to increase criminal penalties for stealing guns.

Key provisions

  • Creates a distinct criminal offense: theft of a firearm (expressly includes antique firearms and replicas).
  • Penalties:
    • First conviction: felony punishable by up to 5 years imprisonment and/or a fine up to $1,000.
    • Second or subsequent conviction: felony punishable by up to 10 years imprisonment and/or a fine up to $2,500.
  • Sentencing rule: any sentence imposed for theft of a firearm must be separate from and consecutive to sentences for any other offenses.
  • Removes application of the general theft-value grading (e.g., value thresholds that determine misdemeanor vs. felony) for firearm theft by excluding firearm theft from the existing subsection that grades theft by value.

Who is affected

  • Defendants charged with stealing firearms (including antique firearms and replicas): subject to more severe, value-independent felony sentencing.
  • Victims of firearm theft: potentially greater statutory emphasis on deterrence and punishment.
  • Criminal justice system:
    • Prosecutors and defense counsel (different charging and plea dynamics).
    • Courts (more cases likely to be handled in circuit courts rather than district courts because of felony classification).
    • Corrections system (potential for longer incarcerations for some defendants).
  • Local governments and law enforcement: administrative and training impacts related to case processing and possible recalibration of enforcement/prioritization.

Fiscal and operational impact

  • State fiscal note (Maryland Department of Legislative Services):
    • Minimal increase in State general fund expenditures due to incarceration of some defendants in State correctional facilities (longer felony sentences and requirement that sentences be consecutive).
    • Potential minimal decrease in State general fund revenues because some cases would shift from District Court (where fines may be collected) to circuit courts.
    • Local governments: minimal increase in revenue from fines; minimal decrease in local incarceration expenditures because some sentenced individuals could transfer to State custody.
    • The fiscal note assumes the number of new convictions specifically for firearm theft will be small; precise fiscal change is therefore minimal but depends on prosecution/sentencing patterns.
    • The note mentions average monthly State incarceration cost estimates (used to illustrate potential costs for longer sentences).

Procedural / Timeline notes

  • Introduced in the Senate (session materials show first reading mid-Jan 2025; fiscal note published Jan 29, 2025).
  • Referred to the Senate Judicial Proceedings Committee (or corresponding committee); public hearing scheduled for 1/30 at 1:00 p.m.
  • If enacted, would change statutory theft grading and sentencing immediately under the session’s effective date provisions applicable to criminal statutes.

Policy considerations and equity

  • The bill replaces value-based grading with a firearm-specific penalty structure (same felony classification regardless of the firearm’s monetary value).
  • A Racial Equity Impact Statement prepared with the fiscal note highlights limited data on firearm-specific thefts and notes that larceny/theft arrests show racial disparities (Black individuals overrepresented in larceny arrests). Because firearm-theft-specific demographic data are limited, the statement flags a potential risk that harsher, felony-based penalties could exacerbate existing racial disparities in Maryland’s criminal justice system unless mitigations or further data are considered.
  • Stakeholders may weigh deterrence and public-safety goals against incarceration impacts, prosecutorial discretion, and equity implications.

Bottom line

SB 336 narrowly targets firearm theft by making it a standalone felony with fixed penalties (5 years max for a first offense; 10 years max for repeat offenses) and requires consecutive sentencing. The change simplifies grading for firearm theft but may shift case burden to higher courts and increase incarceration exposure for some defendants. Fiscal effects are projected to be minimal under current assumptions, but the bill raises equity and criminal-justice policy questions because it elevates penalties irrespective of monetary value and could affect demographic disparities.

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

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