4008

VETOES

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

May 29, 1984
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 315.

This bill, and identical Senate Bill 66 which I have also
vetoed today, expressly preempts the authority of any county,
municipal corporation or special taxing district to enact local
legislation concerning the purchase, sale, taxation, transfer,
manufacture, repair, ownership, possession or transportation of
certain weapons, ammunition, or explosives. While I understand
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' 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 §