Gun Theft Felony Act of 2026
HB 863, the Gun Theft Felony Act of 2026, would amend Maryland’s theft statute to create a separate felony offense for theft of a firearm, including antique firearms and replicas of antique firearms. Under the bill, a person convicted of stealing a firearm would face felony penalties of up to 5 years in prison and/or a $1,000 fine for a first conviction, and up to 10 years and/or a $2,500 fine for a second or subsequent conviction. The sentence for firearm theft would be required to run consecutive to any sentence for another offense.
The bill leaves Maryland’s general theft framework in place for other property and services, but carves firearm theft out of the existing value-based misdemeanor/felony thresholds. It also makes a conforming change to the statute’s limitations provision so that prosecutions for firearm theft would be governed by the same general theft limitations rules, while the new firearm-specific felony would be separately punishable. The bill would take effect October 1, 2026.
HB 863 would amend Criminal Law § 7-104 to add a new firearm-theft subsection and to exclude firearm theft from the ordinary theft penalty schedule based on property value. That means theft of a gun would no longer be treated like low-value theft under the misdemeanor provisions; instead, it would be a standalone felony with mandatory consecutive sentencing. The bill would affect criminal defendants, prosecutors, courts, and firearm owners by increasing exposure to incarceration and fines for gun theft and by signaling heightened legislative treatment of stolen firearms as a public-safety issue.
The available context shows the bill was introduced in the House and referred to the Judiciary Committee, with no recorded votes or committee testimony provided in the materials. Based on the bill’s sponsorship and title, the measure appears to have been advanced as a public-safety and crime-reduction proposal, with an emphasis on deterring firearm theft through stronger penalties. Because no hearing transcript or vote record is included, there is no documented opposition or support beyond the bill’s introduction.
The main point of contention is likely the policy choice to single out firearm theft for felony treatment and consecutive sentencing, rather than continuing to handle it under the general theft-value framework. Supporters would likely argue that stolen guns pose a heightened risk of violent crime and trafficking, justifying tougher penalties. Potential critics may question whether creating a separate felony offense and mandatory consecutive sentence is necessary, whether it will meaningfully deter theft, and whether it could contribute to broader sentencing severity without addressing underlying causes of gun theft.