Maryland’s Newest Gun Laws Target Homicide Rates

The following are the thoughts of Rosana Escobar Brown, former law clerk and recent graduate of Fordham University School of Law, on the recent gun control legislation in Maryland.

Maryland’s newest “tough on crime” gun laws will go into effect this October. In a legislative session that sparked much protest, the General Assembly passed the Firearm Safety Act of 2013, tightening ownership and registration laws to be some of the most stringent in the country.

The new laws require fingerprinting and licensing to become a gun owner, among other ownership requirements. For instance, the background check process now seeks to prevent gun ownership among the mentally ill. (Washington Times) The law added a total of 45 guns to its list of banned assault weapons, and imposed a 10-round limit on handgun magazines. State police are empowered to audit gun dealers under the new law, and failure to report a lost or stolen weapon carries stiff criminal penalties that gun owners need to be aware of.

The public uproar over the Act has dwindled in recent weeks, although at its height it involved public protests and signature collection efforts to seek a referendum vote on the issue. The NRA made statements to the press that it plans to file suit when the opportunity presents itself. Skeptics of the legislative purpose have already challenged supporters that the new laws will not reduce crime. (Examiner.com) Supporters propose that Baltimore’s exorbitant homicide rates will decline as a result. Now, supporters and opposition members alike await the practical effects of these gun laws.

As a potential fiscal consequence, the gun manufacturer Beretta had threatened during lobbying efforts on the Act to relocate their Accokeek-based manufacturing plant because the 10-round limit conflicts with a line of Beretta handguns designed to carry 13 rounds. Specifically, under the new law, Beretta is prohibited from manufacturing those magazines. However, while some assault weapons have been prohibited from ownership, Beretta may still manufacture them and ship them to other states. There have been no further reports on whether Beretta has been in the market for a new location, but if they left they would take approximately 400 jobs and $31 million in state taxes with them.

The Brady Campaign to Prevent Gun Violence now ranks Maryland seventh on the list of states with the toughest gun laws. The nationwide consensus on gun laws is wavering, however, even in light of some states strengthening their laws as Maryland has. For example, six states are allegedly considering loosening their gun laws: Arizona, Kansas, South Dakota, Tennessee, Texas, and Wyoming. While Maryland cited Congress’ failure to pass stricter gun control laws as a reason for the legislation, it is possible that the shift in policy may infiltrate federal legislators as well.

In the face of several horrific and highly publicized shootings in the last few years, it is no wonder that states and gun control advocates would move for tougher laws. Whether the new laws will have any practical effect on preventing future gun tragedies is a matter of debate.

Regardless, for the time being it is important that citizens who own guns familiarize themselves with the new laws and report any missing or stolen weapons immediately. If you are charged with a violation of firearms law in Maryland, or believe that you may be charged in the future, you need to contact an experienced Maryland lawyer immediately to protect your rights.