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HB 353

Public Safety - Handgun Permit Requirement - Repeal (Maryland's Constitutional Carry Act of 2025)

2025 Regular Session Introduced by Lauren Arikan and 6 co-sponsors

Would repeal the handgun permit requirement, allowing adults 21+ to carry without a state permit while preserving certain age-based and situational restrictions.

Unfavorable Report by Judiciary
0
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Bill Summary · HB 353

Summary — HB 353: Public Safety — Handgun Permit Requirement — Repeal (Maryland’s Constitutional Carry Act of 2025)

Status: Unfavorable Report by Judiciary (introduced Nov 12, 2024)

Purpose / Intent

HB 353 would eliminate Maryland’s statutory requirement that a person obtain a handgun permit before wearing, carrying, or transporting a handgun. The bill is commonly described as a “constitutional carry” measure: it removes the licensing/permit pathway and related criminal penalties tied to failing to hold a permit. At the same time the bill preserves and creates targeted prohibitions (see Key Provisions).

Key provisions

  • Repeals the entire statutory subtitle governing handgun permits (Public Safety Article §§5‑301 through 5‑314), including application, background-check, issuance, and renewal procedures.
  • Amends Criminal Law provisions:
    • Removes permit-holder exceptions and repeals specified criminal prohibitions that applied to persons aged 21 and older carrying handguns without a permit.
    • Retains and clarifies prohibitions that apply to persons under age 21: persons under 21 may not carry or transport handguns on their person or knowingly in vehicles, and may not carry a loaded handgun on their person.
    • Establishes prohibitions for any person (all ages) carrying a handgun while on public school property or carrying with the deliberate purpose to injure or kill another person.
    • Adds a new offense prohibiting carrying, wearing, or transporting a handgun while under the influence of alcohol or drugs (misdemeanor — up to 1 year imprisonment and/or fine up to $1,000).
  • Makes conforming amendments to related statutes (including Natural Resources provisions referenced in the bill).

Who would be affected

  • Adults aged 21 and older: would no longer be required to hold a state handgun permit to carry, wear, or transport a handgun.
  • Persons under 21: remain subject to strict prohibitions described above.
  • Department of State Police (DSP): would no longer administer initial and renewal handgun-permit licensing for most adults — reducing licensing workload.
  • Courts and prosecutors: changes to criminal statutes and penalties shift enforcement patterns.
  • Citizens and businesses: gun purchasers, firearms trainers, and local governments (school safety contexts) would be affected.
  • Small businesses: fiscal note flags a meaningful effect (e.g., firearms training providers, ranges, local permit-processing vendors).

Fiscal and operational impact

  • Significant reduction in State general fund revenue from eliminated permit fees. The Department of Legislative Services estimates:
    • Illustrative revenue loss (based on recent application volumes and current fees of $125 initial, $75 renewal): approximately $6.9 million in FY2026 (accounting for an October 1, 2025 effective date) and about $9.2 million annually thereafter. Actual amounts depend on future application volumes.
  • DSP expenditures for licensing-related functions would decrease (lower operating costs), partially offsetting revenue loss; net fiscal impact reported as a significant net decrease in general fund revenue.
  • Minimal decreases in state/local expenditures and revenues tied to penalty changes.
  • The bill’s fiscal analysis notes uncertainties (future permit demand, enforcement effects).

Procedural / timeline notes

  • Fiscal analyses assume an effective date of October 1, 2025 and project revenue effects beginning in FY2026.
  • The bill would repeal current permitting provisions and reframe several criminal statutes; additional conforming edits would be required across the code.
  • Status per provided information: Unfavorable Report by Judiciary (did not advance favorably out of that committee).

Issues to watch

  • Public-safety and enforcement implications (changes to background checks and permitting).
  • Net budgetary effect after reduced DSP licensing costs are applied to lost fee revenue.
  • Interaction with local laws, school safety rules, and federal firearm prohibitions.

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

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