HARRY HUGHES, Governor                                     4009

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.

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 House Bill 315.

Sincerely,