3868

VETOES

Under current law the State has expressly preempted the
regulation of the possession and sale as well as the wearing,
carrying and transportation of handguns, Md. Ann. Code Article 27
§ 442(a) and 445(a) (1983 Cum. Supp.), although the extent of
preemption in this area is currently in litigation pending before
the Court of Appeals. Montgomery County v. Atlantic Guns, Inc.
(Sept. Term, 1983). State law also forbids the possession of
short-barrelled rifles and shotguns and long barrelled rifles and
shotguns under certain circumstances. Md. Ann. Code Article 27,
§§ 36A, 36G, and 481C (1983 Cum. Supp.). Generally, however, the
possession and carrying (as well as the discharge) of rifles and
shotguns, for example, is not extensively regulated by State law
and local home rule governments may legislate in this area.

When the General Assembly expressly preempted local
legislation with respect to handguns, it substituted a
comprehensive statewide regulatory scheme that provided enhanced
protection to the public. See, Chapter 13 of the Laws of
Maryland of 1972. It is this lack of a substitute comprehensive
approach that I find deficient in the context of this
legislation. For that reason, I am unwilling to sign into law a
bill that would invalidate the judgment of local elected
officials when they determine that local legislation of the type
described above concerning firearms, ammunition, or explosives is
required within a particular jurisdiction.

Consequently, I have decided to veto Senate Bill 66.

Sincerely,
Harry Hughes
Governor

Senate Bill No. 66

AN ACT concerning

Preemption - Weapons and Ammunition

FOR the purpose of declaring the intent of the State of Maryland
to preempt the field of regulation of certain enumerated
weapons and ammunition and certain activities involving the
enumerated weapons and ammunition; providing for the repeal
of certain inconsistent laws; and generally providing for
the preemption of weapons, ammunition, and certain
activities relating thereto.

BY adding to

Article 27 - Crimes and Punishments

Section 756

Annotated Code of Maryland