While not overtly a domestic violence bill, HB294 revises Public Safety Article §5-101(b-1)(2)(i) so a person, who receives a probation before judgment for second degree assault that is a “domestically related crime” (as defined in Criminal Procedure Article §6-233), is disqualified from owning a firearm. Domestically related crimes generally are crimes against a person who would be eligible for a domestic violence protective order or who had a sexual relationship with the perpetrator within 12 months of the crime. Under existing domestic violence law (which are civil matters), the respondent/alleged abuser must relinquish any firearms while the protective order is in place. HB294 applies to criminal cases. Effective October 1, 2017, persons convicted of crimes arising from domestic violence will be prevented, under certain circumstances, from owning firearms.
This bill was developed as part of the Governor’s Family Violence Council.
Lindsay Parvis is a member of the Legislative Committee of the Family & Juvenile Law Section of the Maryland State Bar Association, seeking to improve family law for families, attorneys, and the courts.