MD gun storage laws need to include jail time

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A second grader, a 7-year-old, brought a loaded handgun to their elementary school recently. The gun discharged in a classroom and a round went through the child’s hand. It could’ve been a lot worse, but thankfully it was not.

The gun belonged to the domestic partner of the child’s mother, and it was left in a place where the child was able to retrieve it. We will venture a guess that the gun was loaded and the child found it. We will also guess that the gun was not under a locking key, or if it was, the key was easily available to the child.

Maryland law regulates a child’s access to firearms. Loaded guns must be stored in a secure manner to prevent unsupervised access by people under the age of 16.

Violations of this requirement are a misdemeanor with financial penalties of up to $1,000. That’s not much of a disincentive.

A bill now before the Maryland Senate, introduced by Sen. Justin Attar, would amend the criminal law to increase the maximum penalty for improperly storing a loaded gun where a minor could gain access. The violation would still be a misdemeanor, but it would carry a potential sentence of up to five years, sufficient time to make the defendant, if convicted a prohibited person under federal law, which would prohibit them from possession of a firearm.

Current laws do not provide for a potential jail sentence

This legislation is named for Ny’ Kal Strawder, a Baltimore County child killed after gaining access to a non-secured and loaded gun.

There are exceptions. Supervision by an adult, unlawful entry to gain access to the gun, or where the gun is in possession of a law enforcement officer performing official duties. A violation may not be used as evidence of negligence or contributory negligence.

We urge passage of this bill.

Editorial Advisory Board Members Jill Carter, Susan Francis and Ericka N. King did not participate in this opinion.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

Gary E. Bair

Jill P. Carter

Arthur F. Fergenson

Nancy Forster

Susan Francis

Julie C. Janofsky

Ericka N. King

George Liebmann

George Nilson

Steven I. Platt

Angela W. Russell

Debra G. Schubert

Jeff Sovern

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.