$5.00 shall accompany each application for permit and shall be paid to the Maryland State Police to be used to defray the cost of preparation of permits. (d) Nothing in this section shall be construed to prevent the carrying of any of the weapons mentioned in the preceding paragraph of this section by an officer of this State, or of any county or city therein, who is entitled or required to carry such weapon as part of his official equipment, or by any conservator of the peace, who is entitled or required to carry such weapon as part of his official equipment, or by any officer or conservator of the peace of some other state temporarily sojourning in this State, or by any special agent of a railway, or member of the Armed Forces of the United States. (e) Any person violating this section shall on conviction thereof pay a fine of not less than fifty nor more than two hundred dollars, together with the costs of prosecution; and upon failure to pay said fine and costs shall be committed to jail and confined therein until such fine and costs are paid, or for the period of sixty days, whichever shall first occur. SEC. 2. And be it further enacted, That this Act shall take effect July 1, 1963. EXPLANATION: Italics indicate new matter added to existing law. [Brackets] indicate matter stricken from existing law. EXHIBIT LEGISLATIVE BULLETIN ISSUED AS A SERVICE TO ITS MEMBERS BY THE NATIONAL RIFLE ASSOCIATION FEBRUARY 1, 1963. To: All NRA member and clubs in Maryland. NOTE.-Maryland NRA members will be pleased to know that Maryland House bill No. 81, which was the subject of our Legislative Bulletin of January 22, 1963, has been killed in the house committee on the judiciary. The response from shooter-sportsmen in Maryland was so overwhelming that the bill was summarily withdrawn and the public hearing, scheduled for Thursday, January 24, was canceled. This bill is dead for the time being. The subject of this bulletin is another and even more serious bill that has been introduced since our January 22 bulletin was prepared. To: All NRA members and clubs in Maryland. Subject: A bill to prohibit the purchase of firearms or ammunition or the use of same by minors under 18 years of age. Proposal: House bill No. 233. Sponsor: Delegate Leonard S. Blondes of Silver Spring, Montgomery County. STATUS OF PROPOSAL Introduced in the Maryland House of Delegates on January 28, 1963, and referred to the house committee on the judiciary. PRINCIPAL PROVISIONS (1) No minor under 18 years can purchase, possess, carry, transfer, receive, or give away any firearms or deadly weapon, or ammunition, except under certain conditions listed below. (2) A minor over 14 years, wishing to hunt with a rifle or shotgun (which must be longer than 36 inches), must apply to the State police or police of the political subdivision where he desires to hunt for a permit which must be endorsed by his parent or legal guardian. (3) The minor must have written permission allowing him to hunt from his parent or guardian, who must accompany the minor at the time of application. (4) The minor can carry or possess a rifle or shotgun while hunting only if accompanied by an adult over 24 years of age and only during lawful hours for hunting and 1 hour preceding and following such hours. (5) The minor can possess or carry the rifle or shotgun only at distances located more than 1 mile from an incorporated town and more than 160 yards from any dwelling, commercial building, barn, or farm building. (6) The permit issued to the minor is valid only in the locality where it is issued and is good for 1 year at a cost of $5 per year. 49-588-65- -29 COMMENTARY The effect of this bill would be to prohibit participation in junior marksmanship programs in the State of Maryland by any boy or girl under the age of 18. It would result in the disbanding of all junior rifle clubs in Maryland and the cessation of all junior shooting programs, including those sponsored by the National Rifle Association, the American Legion, the Boy Scouts of America, the Veterans of Foreign Wars, and others. Under existing Maryland law, a minor may purchase a firearm or the ammuni tion therefore with the permission of a parent or guardian. A minor may be instructed in the use of firearms by a person acting in his official duty as a member of any Maryland militia, or training, marksmanship activities, or any other performance of his official duty. He may also be instructed by an adult or qualified supervisor or instructor of a recognized organization engaged in the instruction of marksmanship. Since house bill No. 233 would only allow the u and possession of a rifle or shotgun while hunting, a minor could no longer avail himself of a program of marksmanship training or hunting safety instruction. PERSONAL OPINION You may express your opinion on this bill by letter, card or wire to the sponsor, your representatives in the general assembly or to any or all of the members of the committee listed below. If you do not know the names of your elected representative you may obtain this information from your city or county clerk. Your legislators may be reached at the statehouse, Annapolis. MEMBERS OF COMMITTEE Delegate Thomas Hunter Lowe, chairman, Talbot. F. C. DANIEL, Secretary. Delegate Henry T. Baynes, Baltimore City, District No. 6. Delegate Noel Spier Cook, Alleghany. Delegate Irma George Dixon, Baltimore City, District No. 4. Delegate Sol J. Friedman, Baltimore City, District No. 5. Delegate Richard Grumbacher, Washington. Delegate John W. Hardwicke, Harford. Delegate Frank H. Harris, Cecil. Delegate Carter M. Hickman, Queen Anne's. Delegate Martin A. Kircher, Baltimore City, District No. 3. Delegate Chester G. Kosakowski, Baltimore City, District No. 1. Delegate W. Garrett Larrimore, Anne Arundel. Delegate Robert Charles Biggy Long, Somerset. Delegate H. Kemp MacDaniel, Baltimore. Delegate Frank J. McCourt, Baltimore City, District No. 2. Delegate Hervey G. Machen, Prince Georges. Delegate Wilbur W. Magin, Carroll. Delegate Richard M. Matthews, Dorchester. Delegate John P. Moore, Montgomery. Delegate Frank G. Perrin, Charles. Delegate Mark O. Pilchard, Worcester. Delegate Edgard P. Silver, Baltimore City, District No. 5. Delegate R. Noel Spence, Washington. Delegate Norman R. Stone, Jr., Baltimore. Delegate C. Clifton Virts, Frederick. Delegate James A. Wise, Caroline. EXHIBIT D MARCH 7, 1963. Representative LEONARD S. BLONDES, Attorney at Law, Perpetual Building, Silver Spring, Md. DEAR MR. BLONDES: Further to our conversation of recent date, I am enclosing a quantity of information which I hope may assist you in your efforts to study the question of the availability and possession of firearms by persons under 18 years of age, adult accompaniment for the carrying of a firearm by a person under 18 years of age, and a compulsory firearm safety training program. I would once again suggest that you contact General Milton Reckord, the adjutant general of the State of Maryland, and who is a member of the NRA Executive Council. I certainly think that you could do worse than to correlate your efforts with those of General Reckord. Personally, I have not heard anyone indicate that the possession or transportation of rifles by minors in Maryland was a serious problem. I suppose they do have some acts of vandalism. However, it seems to me that anything that is needed in this field could be well taken care of by some variation of the language in the Pennsylvania air gun bill which is enclosed. As far as adult accompaniment for the carrying of firearms by a person under 18, I think the concept of carrying rifles in standard commercial rifle cases is better than adult accompaniment, which would certainly discourage a great majority of junior marksmanship participation. The compulsory firearms safety training program is a rather loaded issue. A bill like this might be very good, but you must be first positive that the State of Maryland is prepared to conduct a compulsory firearms safety training program. This legislation should be carefully correlated with Mr. Ernest A. Vaughn, Director of the Department of Game and Inland Fish, Post Office Box 231, Annapolis. I might add that the NRA training section has compiled a great deal of valuable tips on the drafting of such legislation. Information along these lines is also enclosed. As you know, almost every State that has gone in for compulsory training has done so first with a limited age group. Otherwise, the enormity of the job can paralyze the whole program. I urge you to consult with Mr. Stanley A. Mate, who is the director of the NRA training activities. Mr. Mate has a vast amount of experience in this whole field of firearms training, both from a home safety point of view as well as hunter safety training. Mr. Mate also is a member of the board of directors of the National Safety Council. His office is located in the NRA headquarters office building and he can be reached on DIstrict 7-3412, extension 244. I hope that you have begun to realize the great amount of effort and research that is necessary in order to come up with a compulsory firearms training program that accomplishes its desired purpose and enjoys the cooperation of your State officials who would run the program. I know that you wish to introduce some type of bill along these lines by March 12, but I again urge that you do not go into this matter in a speedy fashion without first consulting with General Reckord, on the whole picture of the State of Maryland firearms legislation, and Mr. Mate, on the most desired and workable approach to a compulsory firearms safety training program. If I can be of further service to you, please do not hesitate to contact me at your convenience. Sincerely, DANIEL J. MOUNTIN, EXHIBIT E HOUSE OF DELEGATES No. 1072 By Delegate Blondes-Judiciary By the House of Delegates, March 13, 1963. Introduced, read first time and referred to the Committee on Judiciary. Rules suspended. By order, James P. Mause, Chief Clerk. A BILL entitled AN ACT to repeal Section 406 of Article 27 of the Annotated Code of Maryland (1957 Edition), title "Crimes and Punishments," subtitle "Minors-- Selling Deadly Weapons," and to enact in its stead a new Section 406 to be under the same title and changing the subtitle to "Minors-Selling to, and Use of Deadly Weapons," relating to sales to and use of deadly weapons by minors under the age of eighteen years, making such sale and use generally a crime, setting out exceptions and conditions for permits SECTION 1. Be it enacted by the General Assembly of Maryland, That Section 406 of Article 27 of the Annotated Code of Maryland (1957 Edition), title "Crimes and Punishments," subtitle "Minors-Selling Deadly Weapons," be and it is hereby repealed and a new Section 406 is added to stand in its stead, to be under the same title and changing the subtitle to "Minors Selling to, and Use of Deadly Weapons," and to read as follows: 406. (a) No minor under the age of eighteen (18) years may: (1) Carry, use or have in his possession any firearm or other deadly weapon or ammunition for such a weapon unless he has in his possession at the same time a permit to use, carry and possess such weapon on an appropriate form issued by the Maryland State Police. (2) Receive through the mails any firearm or other deadly weapon or ammunition for such a weapon unless he has filed with the mailer of such weapon or ammunition a permit from the Maryland State Police authorizing the sending and receipt of such weapon or ammunition. (b) No person, firm or corporation shall: (1) Sell, barter or give any firearm or other deadly weapon or ammunition for such weapon to any minor under the age of eighteen (18) years without such minor's exhibition of a permit from the Maryland State Police. EXPLANATION: Italics indicate new matter added to existing law. [Brackets] indicate matter stricken from existing law. (2) Mail to any minor under the age of eighteen (18) years any firearm or other deadly weapon or ammunition for such weapon unless it has received a Maryland State Police permit authorizing such mailing. (c) The Maryland State Police as soon after the effective date of this Art as possible shall adopt procedures for the issuance of permits in accordance with this section. A permit to send and or receive a firearm or deadly weapon as provided in subsections (a) (2) and (b) (2) of this section shall be issued only after payment of one dollar ($1.00) to the State Police, an affidavit of consent signed by a parent and/or guardian of such minor and evidence satisfactory to the superintendent that the permittee is of good moral character. The permit authorizing possession and/or use of a firearm as provided in subsections (a)(1) and (b) (1) of this section shall be issued only after the payment of one dollar ($1.00) to the Maryland State Police, the consent under affidavit by the parent and/or guardian of the applicant, evidence satisfactory to the superintendent that the permittee is of good moral character and a certificate of the successful completion of a course of study in the use and handling of firearms conducted be any organization approved by the Superintendent of State Police, the contents of which course must also be approved by the Superintendent. (d) Nothing in this section shall be construed to prevent the carrying of any of the weapons mentioned in the preceding paragraph of this section by en officer of this State, or of any county or city therein, who is entitled or requiry ol to carry such weapon as part of his official equipment, or by a conservator u the peace, who is entitled or required to carry such weapon as part of his offer.i equipment, or by any officer or conservator of the peace of some other state temporarily sojourning in this State, or by any special agent of a railway, or member of the Armed Forces of the United States. (e) Any person violating this section shall on conviction thereof pay a fine of not less than fifty nor more than two hundred dollars, together with the costs of prosecution; and upon failure to pay said fine and costs shall be committed to jail and confined therein until such fine and costs are paid, or for the period of sixty days, whichever shall first occur. SEC. 2. And be it further enacted, That this Act shall take effect July 1, 1963. EXHIBIT F LEGISLATIVE BULLETIN ISSUED AS A SERVICE TO ITS MEMBERS BY THE NATIONAL RIFLE ASSOCIATION, WASHINGTON, D.C., March 21, 1963. To: All NRA members and clubs in Maryland. Sponsor: Delegate Leonard S. Blondes, Montgomery County, Silver Spring. STATUS OF PROPOSAL Introducted in the Maryland House of Delegates and referred to the House Committee on the Judiciary. PRINCIPAL PROVISIONS (a) No minor under 18 years of age may carry, use, or processes any firearm or other deadly weapons or ammunition for such weapon unless he has in his possession at the time a permit issued by the Maryland State Police. (b) No minor under 18 years of age may receive through the mail any firearm or other deadly weapon or ammunition for such weapon unless he has filed with the mailer of such weapon or ammunition a permit from the Maryland State Police. (c) No person or firm may sell or otherwise transfer any firearm or other deadly weapon or ammunition for such weapon to any minor under 18 years of age unless such minor has exhibited a permit from the Maryland State Police. (d) No person or firm may mail any firearm or other deadly weapon or ammunition to any minor under the age of 18 years unless the mailer has received a State police permit authorizing such mailing. (e) A permit to possess and use or a permit to receive a firearm or other deadly weapon or ammunition for such weapon shall be issued by the Maryland State Police only after (1) payment of a $1 fee; (2) consent under affidavit of a parent or guardian; (3) evidence satisfactory to the State police that applicant is of good moral character; (4) a certificate of successful completion of a firearm safety course, conducted by an organization approved by the superintendent of State police, and the content of which course also approved by the superintendent. COMMENTARY The net result of this bill would be the elimination of all junior marksmanship activities in the State of Maryland by all youngsters under the age of 18. There would be no junior shoooting clubs and no junior shooting programs. Aside from the practical effects of this proposal, there is a serious inconsistency in its provisions. On the one hand, a person under 18 years of age must have a police permit in order to possess and use a firearm; on the other he cannot obtain such a permit unless he successfully completes “a course of study in the use and handling of firearms." Obviously, a person cannot successfully complete esuch a course unless he handles firearms; but the use of firearms is prohibited without a permit. Members will recall that Delegate Blondes introduced House bill 233, to prohibit the purchase or use of firearms by minors. This bill was killed in committee because of the widespread opposition by shooter-sportsmen. The present bill by Mr. Blondes is in no sense an improvement over his previous bill. |