Assisted Outpatient Treatment - Surrender or Seizure of Firearms

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0942*

SENATE BILL 942
E4 6lr2681
CF HB 1306
By: Senator Henson
Introduced and read first time: February 6, 2026
Assigned to: Finance and Judicial Proceedings

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 treat ment 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 ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26

2 SENATE BILL 942

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 FIRE ARM, 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 respondent 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 outpatient 17
treatment, the court shall order the respondent to comply with assist ed 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 R ESPONDENT TO COMPLY WITH ASSISTED 28
OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THIS SUBTITLE, THE COURT SHALL 29
MAKE A DETERMINATION AS TO WHETHER THE RESPONDE NT IS LIKELY TO 30
ENDANGER OR CAUSE PHYSICAL INJURY TO THE RESPONDENT OR ANOTHER IF THE 31
RESPONDENT HAS ACCESS TO A FIREARM. 32
SENATE BILL 942 3

(2) IF THE COURT DETERMINES THAT THE RESPONDENT IS LIKELY TO 1
ENDANGER OR CAUSE PHYSICAL INJURY TO THE RESPONDENT OR ANOTHER IF THE 2
RESPONDENT HAS ACCES S TO A FIREARM , THE COURT SHALL ORDE R THE 3
RESPONDENT: 4

(I) TO SURRENDER TO LAW E NFORCEMENT AUTHORITIES ANY 5
FIREARM IN THE RESPONDENT’S POSSESSION; AND 6

(II) NOT TO PURCHASE OR PO SSESS ANY FIREARM FO R THE 7
DURATION OF THE ORDE R REQUIRING THE RESP ONDENT TO COMPLY WIT H 8
ASSISTED OUTPATIENT TREATMENT. 9

(C) (1) IN ACCORDANCE WITH TH E PROVISIONS OF § 1–203 OF THE 10
CRIMINAL PROCEDURE ARTICLE, ON APPLICATION BY A STATE’S ATTORNEY OR A 11
LAW ENFORCEMENT OFFI CER WITH PROBABLE CA USE TO BELIEVE THAT A 12
RESPONDENT WHO IS SU BJECT TO AN ORDER UN DER THIS SECTION POS SESSES A 13
FIREARM AND FAILED TO SURRENDER THE FIREARM, A COURT MAY ISSUE A SEARCH 14
WARRANT FOR THE REMO VAL OF THE FIREA RM AT ANY LOCATION I DENTIFIED IN 15
THE APPLICATION FOR THE WARRANT. 16

(2) (I) A COURT MAY ENFORCE AN ORDER UNDER THIS SEC TION 17
THROUGH ITS CONTEMPT POWERS. 18

(II) THE COURT MAY IMPOSE ANY REASONABLE SANCTION FOR 19
A VIOLATION OF ITS ORDER UNDER THIS SECTION. 20

(D) AN ORDER UNDER SUBSEC TION (B) OF THIS SECTION SHAL L EXPIRE 21
WHEN THE RESPONDENT IS NO LONGER SUBJECT TO AN ORDER TO COMPL Y WITH 22
ASSISTED OUTPATIENT TREATMENT UNDER § 10–6A–08 OF THIS SUBTITLE. 23

(E) IF A RESPONDENT SURRENDERS A FIREARM UNDER SUBSECTION (B) OF 24
THIS SECTION, A LAW ENFORCEMENT OFFICER SHALL: 25

(1) PROVIDE TO THE RESPON DENT INFORMATION ON THE PROCESS 26
FOR RETAKING POSSESSION OF THE FIREARM; AND 27

(2) TRANSPORT AND STORE THE FIREARM IN A PROTECTIVE CASE, IF 28
ONE IS AVAILABLE , AND IN A MAN NER INTENDED TO PREV ENT DAMAGE TO THE 29
FIREARM DURING THE TIME THE ORDER UNDER THIS SECTION IS IN EFFECT. 30

(F) THE RESPONDENT MAY RE TAKE POSSESSION OF A SURRENDERED 31
FIREARM AT THE EXPIR ATION OF THE COURT ’S ORDER UNDER THIS S ECTION, 32
4 SENATE BILL 942

UNLESS THE RESPONDEN T IS NOT OTHERWISE LEGALL Y ENTITLED TO OWN OR 1
POSSESS THE FIREARM. 2

(G) NOTWITHSTANDING ANY OTHER LAW, A RESPONDENT MAY TRANSPORT 3
A FIREARM IF THE RES PONDENT IS CARRYING AN ORDER ISSUED UNDE R THIS 4
SECTION AND: 5

(1) THE FIREARM IS UNLOADED; 6

(2) THE RESPONDENT HAS NOTIFIED THE LAW ENFORCEMENT UNIT, 7
BARRACKS, OR STATION THAT THE FIREARM IS BEING TRA NSPORTED IN 8
ACCORDANCE WITH THE COURT’S ORDER; AND 9

(3) THE RESPONDENT TRANSPORTS THE FIREARM DIRECTLY TO THE 10
LAW ENFORCEMENT UNIT, BARRACKS, OR STATION. 11

(H) (1) A LAW ENFORCEMENT OFFI CER WHO TAKES POSSES SION OF A 12
FIREARM IN ACCORDANC E WITH AN ORDER UNDE R THIS SECTION SHALL , AT THE 13
TIME THE FIREARM OR AMMUNITION IS SURRENDERED OR SEIZED: 14

(I) ISSUE A RECEIPT IDENT IFYING, BY MAKE , MODEL, AND 15
SERIAL NUMBER, ALL FIREARMS THAT HAVE BEEN SURRENDERED OR SEIZED; 16

(II) PROVIDE A COPY OF THE RECEIPT TO THE RESPONDENT; 17

(III) RETAIN A COPY OF THE RECEIPT; AND 18

(IV) PROVIDE INFORMATION T O THE RESPONDENT ON THE 19
PROCESS FOR RETAKING POSSESSION OF THE FI REARMS ON THE EXPIRATIO N OF 20
THE ORDER. 21

(2) A LAW ENFORCEMENT AGEN CY SHALL TRANSPORT A ND STORE 22
ANY FIREARM SURRENDERED OR SEIZED IN ACC ORDANCE WITH AN ORDER UNDER 23
THIS SECTION: 24

(I) IN A PROTECTIVE CASE, IF ONE IS AVAILABLE; AND 25

(II) IN A MANNER INTE NDED TO PREVENT DAMA GE TO THE 26
FIREARM DURING THE TIME THE ORDER IS IN EFFECT. 27

(3) A LAW ENFORCEMENT AGENCY MAY NOT PLACE ANY MARK ON A 28
SEIZED OR SURRENDERED FIREARM FOR IDENTIFICATION OR OTHER PURPOSES. 29

SENATE BILL 942 5

(4) (I) ON EXPIRATION OR TERM INATION OF AN ORD ER UNDER 1
THIS SECTION , A LAW ENFORCEMENT AG ENCY THAT HOLDS A FI REARM 2
SURRENDERED OR SEIZE D IN ACCORDANCE WITH THE ORDER SHALL NOTI FY THE 3
RESPONDENT THAT THE RESPONDENT MAY REQUE ST THE RETURN OF THE 4
FIREARM. 5

(II) A LAW ENFORCEMENT AGENCY SHALL RETURN A FIREARM 6
TO A RESPONDENT ONLY AFTER THE LAW ENFORC EMENT AGENCY VERIFIES THAT 7
THE RESPONDENT IS NO T OTHERWISE PROHIBIT ED FROM POSSESSING T HE 8
FIREARM. 9

(III) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, ON 10
REQUEST OF THE RESPONDENT, A LAW ENFORCEMENT AGENCY SHALL RETURN ALL 11
FIREARMS BELONGING T O THE RESPONDENT NOT LATER THAN 48 HOURS AFTER 12
THE EXPIRATION OF AN ORDER UNDER THIS SECTION. 13

(5) (I) A RESPONDENT WHO DOES NOT WISH TO RECOVER A 14
FIREARM OR AMMUNITIO N SEIZED OR SURRENDE RED IN ACCORDANCE WI TH AN 15
ORDER UNDER THIS SECTION OR WHO IS PROHIBITED FROM POSSESSING FIREARMS 16
UNDER TITLE 5 OF THE PUBLIC SAFETY ARTICLE MAY: 17

1. SELL OR TRANSFER TITLE TO THE FIREARM TO: 18

A. A LICENSED FIREARMS DEALER; OR 19

B. ANOTHER INDIVIDUAL WH O IS NOT PROHIBITED 20
FROM POSSESSING THE FIREARM UNDER FEDERAL OR STATE LAW AND WHO DOE S 21
NOT LIVE IN THE SAME RESIDENCE AS THE RESPONDENT; OR 22

2. REQUEST THE DESTRUCTION OF THE FIREARM. 23

(II) A LAW ENFORCEMENT AGEN CY SHALL TRANSFER 24
POSSESSION OF A FIREARM OR AMMUNITION TO A LICENSED FIREARMS DEALER OR 25
AN INDIVIDUAL DESCRI BED IN SUBPARAGRAPH (I)1B OF THIS PARAGRAPH ON LY 26
AFTER: 27

1. THE LICENSED FIREARMS DEALER OR INDIVIDUAL 28
PROVIDES WRITTEN PROOF THAT THE RESPONDENT HAS AGREED TO TRANSFER THE 29
FIREARM TO THE DEALER OR INDIVIDUAL; AND 30

2. THE LAW ENFORCEMENT A GENCY VERIFIES THE 31
AGREEMENT WITH THE RESPONDENT. 32

6 SENATE BILL 942

(III) ON REQUEST OF THE RES PONDENT, A LAW ENFORCEMENT 1
AGENCY MAY DESTROY FIREARMS SEIZED OR SURRENDERED IN ACCORDANCE WITH 2
AN ORDER UNDER THIS SECTION. 3

(6) IF AN INDIVIDUAL OTHE R THAN THE RESPONDEN T CLAIMS 4
OWNERSHIP OF A FIREA RM SEIZED OR SURREND ERED IN ACCORDANCE W ITH AN 5
ORDER UNDER THIS SECTION, THE LAW ENFORCEMENT AGENCY SHALL RETURN THE 6
FIREARM TO THE INDIVIDUAL IF: 7

(I) THE INDIVIDUAL PROVIDES PROOF OF OWNERSHIP OF THE 8
FIREARM; AND 9

(II) THE LAW ENFORCEMENT A GENCY DETERMINES THA T THE 10
INDIVIDUAL IS NOT PROHIBITED FROM POSSESSING THE FIREARM OR AMMUNITION. 11

(7) IF A FIREARM IS NOT R ECLAIMED WITHIN 6 MONTHS AFTER THE 12
PROVISION OF NOT ICE TO A RESPONDENT UNDER PARAGRAPH (4) OF THIS 13
SUBSECTION: 14

(I) NO PARTY SHALL HAVE THE RIGHT TO ASSERT OWNERSHIP 15
OF THE FIREARM; AND 16

(II) THE LAW ENFORCEMENT A GENCY HOLDING THE FI REARM 17
MAY DESTROY THE FIREARM. 18

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2026. It shall remain effective until the taking effect of the termination provision 20
specified in Section 3 of Chapter 704 of the Acts of the General Assembly of 2024. If that 21
termination provision takes effect, this Act shall be abrogated and of no further force and 22
effect. This Act may not be interpreted to have any effect on that termination provision. 23