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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1123*
HOUSE BILL 1123
E1 6lr2744
CF 6lr2747
By: Delegates Stinnett, Addison, Kaufman, Simmons, and Wims
Introduced and read first time: February 11, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Minor’s Access to Firearms – Penalty 2
FOR the purpose of altering the penalty for storing or leaving a loaded firearm in a location 3
where the person knew or should have known that an unsupervised minor has access 4
to the firearm; and generally relating to firearm offenses. 5
BY repealing and reenacting, with amendments, 6
Article – Criminal Law 7
Section 4–104 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Criminal Law 13
4–104. 14
(a) (1) In this section the following words have the meanings indicated. 15
(2) “Ammunition” means a ca rtridge, shell, or other device containing 16
explosive or incendiary material designed and intended for use in a firearm. 17
(3) (i) “Firearm” means a handgun, rifle, shotgun, short–barreled rifle, 18
or short–barreled shotgun, as those terms are defined in § 4 –201 of this title, or any other 19
firearm. 20
(ii) “Firearm” does not include an antique firearm as defined in § 21
4–201 of this title. 22
2 HOUSE BILL 1123
(b) This section does not apply if: 1
(1) the minor’s access to a firearm is supervised by an individual at least 2
18 years old; 3
(2) the minor’s access to a firearm was obtained as a result of an unlawful 4
entry; 5
(3) the firearm is in the possession or control of a law enforcement officer 6
while the officer is engaged in official duties; or 7
(4) the minor has a certificate of firearm and hunter safety issued under § 8
10–301.1 of the Natural Resources Article. 9
(c) A person may not store or leave a loaded firearm in a location where the person 10
knew or should have known that an unsupervised minor has access to the firearm. 11
(d) A person who violates this section is guilty of a misdemeanor and on conviction 12
is subject to IMPRISONMENT NOT EXCEEDING 5 YEARS OR a fine not exceeding $1,000 13
OR BOTH. 14
(e) (1) A violation of this section may not: 15
(i) be considered evidence of negligence; 16
(ii) be considered evidence of contributory negligence; 17
(iii) limit liability of a party or an insurer; or 18
(iv) diminish recovery for damages arising out of the ownership, 19
maintenance, or operation of a firearm or ammunition. 20
(2) A party, witness, or lawyer may not refer to a violation of this section 21
during a trial of a civil action that involves property damage, personal injury, or death. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24