Prohibited Possession of Firearms - Assisted Outpatient Treatment Respondents
Summary
HB592 expands Maryland’s firearm disqualification laws to cover people who are currently respondents under a court order to comply with assisted outpatient treatment (AOT) under the Health–General Article. The bill adds AOT respondents to the list of persons prohibited from possessing regulated firearms, rifles, and shotguns, placing them alongside other categories such as persons convicted of certain crimes, those involuntarily committed, and those found incompetent to stand trial or not criminally responsible.
The bill also requires courts to promptly report to the National Instant Criminal Background Check System (NICS) through a secure data portal when they order a person to comply with assisted outpatient treatment. That reporting must include identifying information and the date of the court order. The measure is tied to the existing AOT framework created by Chapter 704 of the Acts of 2024 and is effective only if that law remains in force; it will be null and void or abrogated if the underlying AOT law is not effective or is later terminated.
Impact
HB592 amends both the Health–General Article and the Public Safety Article. In Health–General, it clarifies that assisted outpatient treatment respondents do not retain rights relating to licenses, permits, certifications, privileges, or benefits to the extent provided in the firearm statutes. In Public Safety, it adds AOT respondents to the prohibited-possession categories for regulated firearms, rifles, and shotguns, and it expands court reporting obligations to NICS for AOT orders. The practical effect is to make AOT respondents subject to firearm disability and federal background-check reporting, affecting courts, mental health respondents, and firearm owners subject to these orders.
Sentiment
The bill appears to have received generally favorable treatment in the legislature. It was reported favorably from committee and passed third reading in the House by a substantial margin, 97 yeas to 40 nays. The available record does not include committee debate transcripts, but the vote suggests majority support for the bill’s public-safety and mental-health-related firearm restrictions.
Contention
The main point of contention is the expansion of firearm prohibitions to people under assisted outpatient treatment, which implicates mental health status and Second Amendment concerns. Supporters likely view the bill as a public-safety measure that aligns firearm restrictions with other mental-health-related disqualifications and improves reporting to NICS. Opponents likely object to treating AOT respondents as firearm-prohibited based on a court-ordered treatment status rather than a criminal conviction or involuntary commitment, and may be concerned about due process, stigma, and the breadth of the new disqualification.