Assisted Outpatient Treatment - Surrender or Seizure of Firearms

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1306*

HOUSE BILL 1306
E4 6lr0855
CF SB 942
By: Delegates Phillips, Guzzone, Lehman, Patterson, Ruff, Ruth, Taveras, Taylor,
and White Holland
Introduced and read first time: February 12, 2026
Assigned to: Judiciary and Health

A BILL ENTITLED

AN ACT concerning 1

Assisted Outpatient Treatment – Surrender or Seizure of Firearms 2

FOR the purpose of requiring a court, under certain circumstances, to order a respondent 3
who has been ordered to comply with assisted outpatient treatment to surrender to 4
law enforcement any firearm in the respondent’s possession and not to purchase or 5
possess any firearm for the duration of the assisted outpatient treatment order ; 6
establishing procedures related to the surrender or seizure of a firearm to law 7
enforcement under this Act; and generally relating to the surrender or seizure of 8
firearms by respondents ordered to comply with assisted outpatient treatment. 9

BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 10–6A–02(b) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2025 Supplement) 14

BY repealing and reenacting, without amendments, 15
Article – Health – General 16
Section 10–6A–08 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19

BY adding to 20
Article – Health – General 21
Section 10–6A–08.1 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2025 Supplement) 24

SECTION 1. BE IT ENACTED BY THE GENERAL ASSE MBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 1306

Article – Health – General 1

10–6A–02. 2

(b) This subtitle may not be construed to abridge or modify any civil right of the 3
respondent, including: 4

(1) Any civil service ranking or appointment; 5

(2) The right to apply for voluntary admission to a facility under § 10 –609 6
of this title; and 7

(3) [Any] EXCEPT AS PROVIDED IN §§ 5–133 AND 5–205 OF THE 8
PUBLIC SAFETY ARTICLE AND THE PROVISIONS OF THIS SUBTITLE RELATING TO A 9
COURT’S ORDER PROHIBITING POSSESSION OF A FIREARM , ANY right relating to a 10
license, permit, certification, privilege, or benefit under any law. 11

10–6A–08. 12

(a) If, after hearing all relevant evidence, the court does not find by clear and 13
convincing evidence that the re spondent meets the criteria for assisted outpatient 14
treatment, the court shall deny the petition. 15

(b) (1) If, after hearing all relevant evidence, the court finds by clear and 16
convincing evidence that the respondent meets the criteria for assisted outpat ient 17
treatment, the court shall order the respondent to comply with assisted outpatient 18
treatment for a period not to exceed 1 year. 19

(2) The order of the court shall incorporate a treatment plan that: 20

(i) Is limited in scope to the elements included in the treatment plan 21
presented to the court under § 10–6A–06 of this subtitle; and 22

(ii) Includes only those elements that the court finds by clear and 23
convincing evidence to be essential to the maintenance of the respondent’s health or safety. 24

10–6A–08.1. 25

(A) IN THIS SECTION, “FIREARM” HAS THE MEANING STATED IN § 5–101 OF 26
THE PUBLIC SAFETY ARTICLE. 27

(B) (1) IF A COURT ORDERS A RESPONDENT TO COMPLY WITH ASSISTED 28
OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THIS SUBTITLE, THE COURT SHALL 29
MAKE A DETERMI NATION AS TO WHETHER THE RESPONDENT IS LI KELY TO 30
HOUSE BILL 1306 3

ENDANGER OR CAUSE PHYSICAL INJURY TO THE RESPONDENT OR ANOTHER IF THE 1
RESPONDENT HAS ACCESS TO A FIREARM. 2

(2) IF THE COURT DETERMINES THAT THE RESPONDENT IS LIKELY TO 3
ENDANGER OR CAUSE PHYSICAL INJURY TO THE RESPONDENT OR ANOTHER IF THE 4
RESPONDENT HAS ACCES S TO A FIREARM , THE COURT SHALL ORDER THE 5
RESPONDENT: 6

(I) TO SURRENDER TO LAW ENFORCEMENT AUTHORITIES ANY 7
FIREARM IN THE RESPONDENT’S POSSESSION; AND 8

(II) NOT TO PURCHASE OR POSSESS ANY FIREARM FOR THE 9
DURATION OF THE ORDE R REQUIRING THE RESP ONDENT TO COMPLY WIT H 10
ASSISTED OUTPATIENT TREATMENT. 11

(C) (1) IN ACCORDANCE WITH TH E PROVISIONS OF § 1–203 OF THE 12
CRIMINAL PROCEDURE ARTICLE, ON APPLICATION BY A STATE’S ATTORNEY OR A 13
LAW ENFORCEMENT OFFI CER WITH PROBABLE CA USE TO BELIEVE THAT A 14
RESPONDENT WHO IS SU BJECT TO AN ORDER UN DER THIS SECTION POS SESSES A 15
FIREARM AND FAILED TO SURRENDER THE FIREARM, A COURT MAY ISSUE A SEARCH 16
WARRANT FOR THE REMO VAL OF THE FIREARM AT ANY LOCATION IDEN TIFIED IN 17
THE APPLICATION FOR THE WARRANT. 18

(2) (I) A COURT MAY ENFORCE AN ORDER UNDER THIS SEC TION 19
THROUGH ITS CONTEMPT POWERS. 20

(II) THE COURT MAY IMPOSE ANY REASONABLE SANCTION FOR 21
A VIOLATION OF ITS ORDER UNDER THIS SECTION. 22

(D) AN ORDER UNDER SUBSEC TION (B) OF THIS SECTION SHAL L EXPIRE 23
WHEN THE RESPONDENT IS NO LONGER SUBJECT TO AN ORDER TO COMPL Y WITH 24
ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THIS SUBTITLE. 25

(E) IF A RESPONDENT SURRENDERS A FIREARM UNDER SUBSECTION (B) OF 26
THIS SECTION, A LAW ENFORCEMENT OFFICER SHALL: 27

(1) PROVIDE TO THE RESPON DENT INFORMATION ON THE PROCESS 28
FOR RETAKING POSSESSION OF THE FIREARM; AND 29

(2) TRANSPORT AND STORE THE FIREARM IN A PROTECTIVE CASE, IF 30
ONE IS AVAILABLE , AND IN A MANNER INTENDED TO PREVENT DAMAGE TO THE 31
FIREARM DURING THE TIME THE ORDER UNDER THIS SECTION IS IN EFFECT. 32

4 HOUSE BILL 1306

(F) THE RESPONDENT MAY RE TAKE POSSESSION OF A SURRENDERED 1
FIREARM AT THE EXPIRATION OF THE COURT ’S ORDER UNDER THIS S ECTION, 2
UNLESS THE RESPONDEN T IS NO T OTHERWISE LEGALLY ENTITLED TO OWN OR 3
POSSESS THE FIREARM. 4

(G) NOTWITHSTANDING ANY OTHER LAW, A RESPONDENT MAY TRANSPORT 5
A FIREARM IF THE RES PONDENT IS CARRYING AN ORDER ISSUED UNDE R THIS 6
SECTION AND: 7

(1) THE FIREARM IS UNLOADED; 8

(2) THE RESPONDENT HAS NOTIFIED THE LAW ENFORCEMENT UNIT, 9
BARRACKS, OR STATION THAT THE FIREARM IS BEING TRA NSPORTED IN 10
ACCORDANCE WITH THE COURT’S ORDER; AND 11

(3) THE RESPONDENT TRANSPORTS THE FIREARM DIRECTLY TO THE 12
LAW ENFORCEMENT UNIT, BARRACKS, OR STATION. 13

(H) (1) A LAW ENFORCEMENT OFFI CER WHO TAKES POSSES SION OF A 14
FIREARM IN ACCORDANC E WITH AN ORDER UNDE R THIS SECTION SHALL , AT THE 15
TIME THE FIREARM OR AMMUNITION IS SURRENDERED OR SEIZED: 16

(I) ISSUE A RECEIPT IDENT IFYING, BY MAKE , MODEL, AND 17
SERIAL NUMBER, ALL FIREARMS THAT HAVE BEEN SURRENDERED OR SEIZED; 18

(II) PROVIDE A COPY OF THE RECEIPT TO THE RESPONDENT; 19

(III) RETAIN A COPY OF THE RECEIPT; AND 20

(IV) PROVIDE INFORMATION T O THE R ESPONDENT ON THE 21
PROCESS FOR RETAKING POSSESSION OF THE FI REARMS ON THE EXPIRATION OF 22
THE ORDER. 23

(2) A LAW ENFORCEMENT AGEN CY SHALL TRANSPORT A ND STORE 24
ANY FIREARM SURRENDERED OR SEIZED IN ACCORDANCE WITH AN ORDER UNDER 25
THIS SECTION: 26

(I) IN A PROTECTIVE CASE, IF ONE IS AVAILABLE; AND 27

(II) IN A MANNER INTENDED TO PREVENT DAMAGE TO THE 28
FIREARM DURING THE TIME THE ORDER IS IN EFFECT. 29

HOUSE BILL 1306 5

(3) A LAW ENFORCEMENT AGENCY MAY NOT PLACE ANY MARK ON A 1
SEIZED OR SURRENDERED FIREARM FOR IDENTIFICATION OR OTHER PURPOSES. 2

(4) (I) ON EXPIRATION OR TERM INATION OF AN ORDER UNDER 3
THIS SECTION , A LAW ENFORCEMENT AG ENCY THAT HOLDS A FI REARM 4
SURRENDERED OR S EIZED IN ACCORDANCE WITH THE ORDER SHALL NOTIFY THE 5
RESPONDENT THAT THE RESPONDENT MAY REQUE ST THE RETURN OF THE 6
FIREARM. 7

(II) A LAW ENFORCEMENT AGENCY SHALL RETURN A FI REARM 8
TO A RESPONDENT ONLY AFTER THE LAW ENFORC EMENT AGENCY VERIFIES THAT 9
THE RESPO NDENT IS NOT OTHERWI SE PROHIBITED FROM P OSSESSING THE 10
FIREARM. 11

(III) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, ON 12
REQUEST OF THE RESPONDENT, A LAW ENFORCEMENT AGENCY SHALL RETURN ALL 13
FIREARMS BELONGING T O THE RESPONDENT NOT LATER THAN 48 HOURS AFTER 14
THE EXPIRATION OF AN ORDER UNDER THIS SECTION. 15

(5) (I) A RESPONDENT WHO DOES NOT WISH TO RECOVER A 16
FIREARM OR AMMUNITIO N SEIZED OR SURRENDE RED IN ACCORDANCE WI TH AN 17
ORDER UNDER THIS SECTION OR WHO IS PROHIBITED FROM POSSESSING FIREARMS 18
UNDER TITLE 5 OF THE PUBLIC SAFETY ARTICLE MAY: 19

1. SELL OR TRANSFER TITLE TO THE FIREARM TO: 20

A. A LICENSED FIREARMS DEALER; OR 21

B. ANOTHER INDIVIDUAL WHO IS NOT PROHIBITE D 22
FROM POSSESSING THE FIREARM UNDER FEDERAL OR STATE LAW AND WHO DOE S 23
NOT LIVE IN THE SAME RESIDENCE AS THE RESPONDENT; OR 24

2. REQUEST THE DESTRUCTION OF THE FIREARM. 25

(II) A LAW ENFORCEMENT AGEN CY SHALL TRANSFER 26
POSSESSION OF A FIREARM OR AMMUNITION TO A LICENSED FIREARMS DEALER OR 27
AN INDIVID UAL DESCRIBED IN SUBPARAGRAPH (I)1B OF THIS PARAGRAPH ON LY 28
AFTER: 29

1. THE LICENSED FIREARMS DEALER OR INDIVIDUAL 30
PROVIDES WRITTEN PROOF THAT THE RESPONDENT HAS AGREED TO TRANSFER THE 31
FIREARM TO THE DEALER OR INDIVIDUAL; AND 32

6 HOUSE BILL 1306

2. THE LAW ENFORCEMENT AGENCY VERIFIES THE 1
AGREEMENT WITH THE RESPONDENT. 2

(III) ON REQUEST OF THE RES PONDENT, A LAW ENFORCEMENT 3
AGENCY MAY DESTROY FIREARMS SEIZED OR SURRENDERED IN ACCORDANCE WITH 4
AN ORDER UNDER THIS SECTION. 5

(6) IF AN INDIVIDUAL OTHE R THAN THE RESPONDEN T CLAIMS 6
OWNERSHIP OF A FIREA RM SEIZED OR SURREND ERED IN ACCORDANCE W ITH AN 7
ORDER UNDER THIS SECTION, THE LAW ENFORCEMENT AGENCY SHALL RETURN THE 8
FIREARM TO THE INDIVIDUAL IF: 9

(I) THE INDIVIDUAL PROVIDES PROOF OF OWNERSHIP OF THE 10
FIREARM; AND 11

(II) THE LAW ENFORCEMENT A GENCY DETERMINES THA T THE 12
INDIVIDUAL IS NOT PROHIBITED FROM POSSESSING THE FIREARM OR AMMUNITION. 13

(7) IF A FIREARM IS NOT R ECLAIMED WITHIN 6 MONTHS AFTER THE 14
PROVISION OF NOTICE TO A RESPOND ENT UNDER PARAGRAPH (4) OF THIS 15
SUBSECTION: 16

(I) NO PARTY SHALL HAVE THE RIGHT TO ASSERT OWNERSHIP 17
OF THE FIREARM; AND 18

(II) THE LAW ENFORCEMENT A GENCY HOLDING THE FI REARM 19
MAY DESTROY THE FIREARM. 20

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. It shall remain effective until the taking effect of the termination provision 22
specified in Section 3 of Chapter 704 of the Acts of the General Assembly of 2024. If that 23
termination provision takes effect, this Act shall be abrogated and of no further force and 24
effect. This Act may not be interpreted to have any effect on that termination provision. 25