ANNAPOLIS, Md. (Feb. 11, 2023) – On Wednesday, a Maryland House committee held a hearing on a bill that would make it de facto legal to carry a firearm in the state without a license, fostering an environment more hostile to federal gun control. The enactment of a so-called “constitutional carry” bill would also foster an environment more hostile to federal gun control.

Del. Robin Grammer (R) introduced House Bill 364 (HB364) on Jan. 26. The proposed law would create “exceptions” in existing state law for open or concealed carry for those who are not prohibited from possessing a firearm. Restrictions would still apply at certain places such as public schools.

Under existing Maryland state law, residents 21 or older must obtain a Handgun Wear and Carry Permit after completing a training course before they can conceal carry.

EFFECT ON FEDERAL GUN CONTROL

While permitless carry bills do not directly affect federal gun control, the widespread passage of permitless concealed carry laws in states subtly undermines federal efforts to regulate guns. As we’ve seen with marijuana and industrial hemp, a federal regulation becomes ineffective when states ignore it and pass laws encouraging the prohibited activity anyway.

The federal government lacks the enforcement power necessary to maintain its ban, and people will willingly take on the small risk of federal sanctions if they know the state will not interfere. This increases when the state actively encourages “the market.”

Less restrictive state gun laws will likely have a similar impact on federal gun laws. It will make it that much more difficult for the feds to enforce any future federal gun control, and increase the likelihood that states with few limits will simply refuse to cooperate with federal enforcement efforts.

Passing HB18 would lower barriers for those wanting the option of defending themselves with firearms and encourages a “gun-friendly” environment that would make federal efforts to limit firearms that much more difficult.

WHAT’S NEXT

HB364 will need to be brought up for a vote in the House Judiciary Committee and pass by a majority vote before moving forward in the legislative process.

TJ Martinell

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