HARRY HUGHES, Governor

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that the premise underlying this legislation is to provide
greater statewide uniformity in these areas, the possibility
exists that the broad sweep of this bill will invalidate
beneficial existing local legislation without any corresponding
statewide substitute and, contrary to the sponsor's intent, may
undermine public safety.

I have received veto requests expressing that same concern
from, among others, the Mayor of Baltimore City, the County
Executive of Prince George's County and the County Council of
Montgomery County. Significantly, Section 2 of the bill contains
a repealer clause with respect to all public general or public
local laws that are inconsistent with exclusive State authority
to regulate or otherwise legislate in the areas specified in the
legislation. Recently, the Court of Appeals in the case of Town
of Forest Heights v. Frank, 291 Md. 331, 350 (1981), held that
"public local law" included local ordinances adopted by a home
rule jurisdiction. While by no means exhaustive, examples of
local legislation that would be invalidated were this bill to
become law are as follows:

1.  Prince George's County Code § 14-140(a) prohibits, among
other things, possession of any rifle, shotgun or similar
mechanism, while loaded within 1,000 feet of any home or
residence other than the possessor's own, or any school or
school grounds (public or private), church or church
grounds, places of public assembly, and public parks and
playgrounds within the county. See also, Howard County Code
§§ 19.200 and 19.504 relating to the possession of firearms
in recreation areas and parks and Anne Arundel County Code §
6-107A regarding possession of firearms around private
property;

2.  Baltimore County Code § 18-9(a) which makes it unlawful
for a person under 21 to purchase, trade, acquire or possess
certain weapons except under certain circumstances. See
also Prince George's County Code § 14-141 relating to the
transfer of weapons to minors;

3.  Montgomery County Code §§ 57-7 and 57-8 regulating the
possession and carrying of certain firearms on the person or
in a motor vehicle where it is readily available for use;
see also Baltimore City Code, Article 19 § 97 relating to
unlawful possession and transportation of rifles and
shotguns under certain circumstances.

4.  Anne Arundel County Code §§ 6-109 and 6-110 prohibiting
the storage (except in place for blasting) of gunpowder
exceeding 100 pounds or any dynamite or nitroglycerine or
other explosives in any quantity whatsoever within 3 miles
of any city or town; See also, Baltimore City Code, Art. 9
§§ 21 et seq. concerning the manufacture, storage and permit
requirements relating to explosives.