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Bill would raise mens rea standard for illegal possession, sponsors say it would curb arrests of nonculpable people
Summary
House Bill 354 would amend Maryland’s illegal-firearm-possession law by requiring a knowing mental state for violations now treated as strict liability, and by creating fines rather than felony exposure for certain first-time, nonviolent infractions, supporters told the House Judiciary Committee.
Delegate Robin Grammer and proponents urged the committee to change the culpability standard for illegal possession of a firearm (Md. Code §4-203) so that a person must act “knowingly” to be convicted. Supporters cited a Maryland Supreme Court decision (Lawrence v. State) asking the legislature to remove “or about” language and adopt mens rea requirements to avoid strict-liability consequences.
Witnesses said the current law can lead to arrest and detention of multiple people in a vehicle when a single occupant possesses a firearm,…
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