Criminal Law - Minor's Access to Firearms - Penalty
Summary
HB1123 amends Maryland criminal law governing the storage of loaded firearms where minors may access them. The bill keeps the basic prohibition in place against storing or leaving a loaded firearm in a location where a person knew or should have known that an unsupervised minor could access it, while preserving existing exceptions for supervised access, unlawful entry, law enforcement possession during official duties, and minors who have completed firearm and hunter safety certification.
The main change is to increase the criminal penalty for violating this section. Under the bill, a person who violates the law would be guilty of a misdemeanor and subject to imprisonment not exceeding 5 years, a fine not exceeding $1,000, or both. The bill also retains provisions stating that a violation may not be used as evidence of negligence or contributory negligence, may not limit insurance or other liability, and may not be referenced in certain civil trials involving property damage, personal injury, or death.
Impact
HB1123 would amend Section 4-104 of the Criminal Law Article, strengthening the penalty for unsafe storage of loaded firearms accessible to unsupervised minors. It would affect firearm owners and others who store loaded guns in homes or other locations where minors may gain access, while leaving intact the statute’s existing exceptions and civil-law protections. The bill would take effect October 1, 2026.
Sentiment
The available context shows the bill was introduced and assigned to the Judiciary Committee, with a hearing scheduled, but no recorded votes or committee testimony were provided. Based on the bill text, the measure appears to reflect a public-safety approach focused on preventing child access to firearms, and the introduction by multiple delegates suggests some legislative support. Because no transcripts or vote results are available, there is no documented opposition or consensus in the provided materials.
Contention
The likely point of contention is the severity of the enhanced penalty: the bill raises exposure to up to five years’ imprisonment for conduct involving unsafe firearm storage, which may be viewed by supporters as a necessary deterrent and by critics as a harsh criminal sanction for a storage offense. Another possible area of debate is the balance between child-safety enforcement and firearm ownership rights, though the provided record does not include specific objections or sponsor arguments. The bill’s civil-law nonuse provisions may also be relevant to stakeholders concerned about litigation consequences.