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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1061*
HOUSE BILL 1061
E1 6lr2555
CF SB 620
By: Delegate Williams
Introduced and read first time: February 9, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Wearing, Carrying, or Transporting a Handgun – Prior 2
Convictions 3
FOR the purpose of altering the list of convictions that subject a defendant to enhanced 4
sentencing for wearing, carrying, or transporting a handgun to incl ude certain 5
extra–jurisdictional crimes ; and generally relating to wearing, carrying, or 6
transporting a handgun. 7
BY repealing and reenacting, without amendments, 8
Article – Criminal Law 9
Section 4–203(a) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Law 14
Section 4–203(c) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Law 20
4–203. 21
(a) (1) Except as provided in subsection (b) of this section, a person may not: 22
(i) wear, carry, or transport a handgun, whether concealed or open, 23
on or about the person; 24
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(ii) wear, carry, or knowingly transport a handgun, whether 1
concealed or open, in a vehicle traveling on a road or parking lot generally used by the 2
public, highway, waterway, or airway of the State; 3
(iii) violate item (i) or (ii) of this paragraph wh ile on public school 4
property in the State; 5
(iv) violate item (i) or (ii) of this paragraph with the deliberate 6
purpose of injuring or killing another person; or 7
(v) violate item (i) or (ii) of this paragraph with a handgun loaded 8
with ammunition. 9
(2) There is a rebuttable presumption that a person who transports a 10
handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly. 11
(c) (1) A person who violates this section is guilty of a misdemeanor and on 12
conviction is subject to the penalties provided in this subsection. 13
(2) If the person has not previously been convicted under this section, § 14
4–204 of this subtitle, or § 4 –101 or § 4 –102 of this title , OR IN ANOTHER STATE OR A 15
FEDERAL, MILITARY, OR NATIVE AMERICAN TRIBAL COURT OF A CRIME THA T, IF 16
COMMITTED IN THE STATE, WOULD CONSTITUTE A V IOLATION OF THIS SECTION, § 17
4–204 OF THIS SUBTITLE, OR § 4–101 OR § 4–102 OF THIS TITLE: 18
(i) except as provided in item (ii) of this paragraph, the person is 19
subject to imprisonment for not less than 30 days and not exceeding 5 years or a fine of not 20
less than $250 and not exceeding $2,500 or both; or 21
(ii) if the person violates subsection (a)(1)(iii) of this section, the 22
person shall be sentenced to imprisonment for not less than 90 days. 23
(3) (i) If the person has previously been convicted once under this 24
section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title, OR IN ANOTHER STATE 25
OR A FEDERAL, MILITARY, OR NATIVE AMERICAN TRIBAL COURT OF A CRIME THAT, 26
IF COMMITTED IN THE STATE, WOULD CONSTITUTE A VIOLATION OF THIS SECTION, 27
§ 4–204 OF THIS SUBTITLE, OR § 4–101 OR § 4–102 OF THIS TITLE: 28
1. except as provided in item 2 of this subparagraph, the 29
person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or 30
2. if the person violates subsection (a)(1)(iii) of this section, 31
the person is subject to imprisonment for not less than 3 years and not exceeding 10 years. 32
HOUSE BILL 1061 3
(ii) 1. Except as provided in subsubparagraph 2 of this 1
subparagraph, the court may not impose less than the applicable minimum sentence 2
provided under subparagraph (i) of this paragraph. 3
2. If the person violates subsection (a)(1)(v) of this section, 4
the court may not suspend any part of or impose less than the ap plicable mandatory 5
minimum sentence provided under subparagraph (i) of this paragraph. 6
(iii) Except as provided in § 4 –305 of the Correctional Services 7
Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible 8
for parole during the mandatory minimum sentence. 9
(iv) A mandatory minimum sentence under subparagraph (ii)2 of this 10
paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing 11
at least 30 days before trial of the State’s in tention to seek the mandatory minimum 12
sentence. 13
(4) (i) If the person has previously been convicted more than once under 14
this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title, or of any combination 15
of these crimes , OR IN ANOTHER ST ATE OR A FEDERAL , MILITARY, OR NATIVE 16
AMERICAN TRIBAL COURT OF A CRIME THAT, IF COMMITTED IN THE STATE, WOULD 17
CONSTITUTE A VIOLATION OF THIS SECTION, § 4–204 OF THIS SUBTITLE, OR § 4–101 18
OR § 4–102 OF THIS TITLE: 19
1. except as provided in item 2 of this subparagraph, the 20
person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or 21
2. A. if the person violates subsection (a)(1)(iii) of this 22
section, the person is subject to imprisonment for not less than 5 years and not exceeding 23
10 years; or 24
B. if the person violates subsection (a)(1)(iv) of this section, 25
the person is subject to imprisonment for not less than 5 years and not exceeding 10 years. 26
(ii) 1. Except as provided in subsubparagraph 2 of this 27
subparagraph, the court may not impose less than the applicable minimum sentence 28
provided under subparagraph (i) of this paragraph. 29
2. If the person violates subsection (a)(1)(v) of this section, 30
the court may not suspend any part of or impose less than the applicable mandatory 31
minimum sentence provided under subparagraph (i) of this paragraph. 32
(iii) Except as provided in § 4 –305 of the Correctional Services 33
Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible 34
for parole during the mandatory minimum sentence. 35
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(iv) A mandatory minimum sentence under subparagraph (ii)2 of this 1
paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing 2
at least 30 days before trial of the State’s intention to seek the mandatory minimum 3
sentence. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2026. 6