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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, and can leave otherwise law-abiding people facing felony exposure, mandatory minimum penalties, and permanent permit consequences for procedural errors such as improper transport or an expired permit. Advocates argued the bill would protect passengers and others without criminal intent while leaving prosecutors tools to pursue violent or intentional misconduct.
Support came from public defenders, firearms-rights organizations, the Maryland Office of the Public Defender and other witnesses who urged replacing strict liability with a knowing standard and, for certain passive violations, imposing a civil or fine-based penalty (the bill would establish a $1,000 fine for specified first-time passive transport offenses) rather than a felony conviction that carries a lifetime firearms disqualification.
Opponents cited by witnesses included the Maryland State's Attorneys Association and the Attorney General’s Office (written), which argued the change could make prosecution harder and trivialize the danger of unpermitted firearms. Sponsors countered that a mens rea requirement is consistent with federal law and other Maryland gun statutes and said the change would align culpability with culpable conduct.
Supporters also cited data and individual examples—juveniles detained for months on possession-related charges, and people arrested after minor transport or stopping for gas en route to a range—arguing the statute’s strict-liability framing causes over-enforcement and collateral consequences.
The committee heard extensive questioning and debate; no formal vote was reflected in the hearing transcript.
