MARVIN MANDEL, Governor                       3995

State House
Annapolis, Maryland

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed House Bill
535.

This bill is intended to permit sheriffs and deputy
sheriffs to wear handguns when they are not on active
assignment, if they have completed the minimum firearms
handling requirements of the police training commission.
However, the bill goes further than that and much further
than I am prepared to say the law should go at this time.

Section 36B of Article 27 was enacted by the General
Assembly (Chapter 13 of 1972), at my request, in order to
curb the frequent use of handguns in the commission of
crime. Since the enactment of Chapter 13, it is unlawful
to wear, carry, or transport any handgun, concealed or
openly, in this State [Section 36B(b)], unless one has
obtained a permit to carry the handgun. In the past
three years, the "handgun law" has helped in the fight to
rid the streets of cheap, dangerous handguns.

There are few exceptions to Section 36B(b), and for
good reason. In order to be effective, the law must be
tightly controlled and enforced. Each exception to the
prohibition on the carrying of a handgun is a potential
abuse of the law by the person who has been given the
favored status of an exception.

The exceptions with which House Bill 535 is
concerned are contained in Section 36B(c)(1). This
subsection exempts certain law—enforcement personnel from
the requirement of obtaining a permit when they are on
active assignment and if they are otherwise authorized to
carry the weapon as a part of their official equipment.
Obviously, these men, while on duty, must be able to
carry their weapons without having to obtain a permit.

House Bill 535 repeals the first proviso relating to
active assignment. It further substitutes a training
requirement as to sheriffs and deputy sheriffs. The
primary result of House Bill 535 is that the law
enforcement personnel who are presently exempted from the
permit requirement of the handgun law only while on
active assignment would become exempt even while off
duty.

In addition, sheriffs would now be able to authorize
their deputies to wear guns at any time so long as they
have completed the firearms handling requirements. This
applies to full—time or temporary deputies. Section