HB 863

HOUSE BILL 863
     E1  6lr1174
     HB 982/25 – JUD
     By: Delegates Schmidt, Arentz, Arikan, Baker, Beauchamp, Bouchat, Buckel,
  Chisholm, Grammer, Hartman, Hornberger, Howard, Hutchinson, Jacobs,
  Kipke, R. Long, Mangione, McComas, Miller, M. Morgan, T. Morgan,
  Nawrocki, Nkongolo, Pippy, Reilly, Sample–Hughes, Simmons, Szeliga,
  Tomlinson, Valentine, and Wivell
     Introduced and read first time: February 4, 2026
     Assigned to: Judiciary
  A BILL ENTITLED
1 AN ACT concerning
2Gun Theft Felony Act of 2026
3 FOR the purpose of classifying the theft of a firearm as a felony; establishing certain
4      penalties for theft of a firearm; and generally relating to theft of a firearm.
5 BY repealing and reenacting, with amendments,
6Article – Criminal Law
7Section 7–104
8Annotated Code of Maryland
9(2021 Replacement Volume and 2025 Supplement)
10SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
11 That the Laws of Maryland read as follows:
12Article – Criminal Law
13 7–104.
14(a)    A person may not willfully or knowingly obtain or exert unauthorized control
15 over property, if the person:
16(1)     intends to deprive the owner of the property;
17(2)   willfully or knowingly uses, conceals, or abandons the property in a
18 manner that deprives the owner of the property; or
19(3)     uses, conceals, or abandons the property knowing the use, concealment,
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *hb0863*
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1 or abandonment probably will deprive the owner of the property.
2(b)     A person may not obtain control over property by willfully or knowingly using
3 deception, if the person:
4(1)   intends to deprive the owner of the property;
5(2)   willfully or knowingly uses, conceals, or abandons the property in a
6 manner that deprives the owner of the property; or
7(3)   uses, conceals, or abandons the property knowing the use, concealment,
8 or abandonment probably will deprive the owner of the property.
9(c)    (1)     A person may not possess stolen personal property knowing that it has
10 been stolen, or believing that it probably has been stolen, if the person:
11(i)    intends to deprive the owner of the property;
12(ii)  willfully or knowingly uses, conceals, or abandons the property
13 in a manner that deprives the owner of the property; or
14(iii) uses, conceals, or abandons the property knowing that the use,
15 concealment, or abandonment probably will deprive the owner of the property.
16(2)   In the case of a person in the business of buying or selling goods, the
17 knowledge required under this subsection may be inferred if:
18(i)    the person possesses or exerts control over property stolen from
19 more than one person on separate occasions;
20(ii)  during the year preceding the criminal possession charged, the
21 person has acquired stolen property in a separate transaction; or
22(iii) being in the business of buying or selling property of the sort
23 possessed, the person acquired it for a consideration that the person knew was far below a
24 reasonable value.
25(3)    In a prosecution for theft by possession of stolen property under this
26 subsection, it is not a defense that:
27(i)    the person who stole the property has not been convicted,
28 apprehended, or identified;
29(ii)   the defendant stole or participated in the stealing of the property;
30(iii) the property was provided by law enforcement as part of an
31 investigation, if the property was described to the defendant as being obtained through the
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1 commission of theft; or
2(iv)   the stealing of the property did not occur in the State.
3(4)    Unless the person who criminally possesses stolen property
4 participated in the stealing, the person who criminally possesses stolen property and a
5 person who has stolen the property are not accomplices in theft for the purpose of any rule
6 of evidence requiring corroboration of the testimony of an accomplice.
7(d)    A person may not obtain control over property knowing that the property was
8 lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature
9 or amount of the property, if the person:
10(1)  knows or learns the identity of the owner or knows, is aware of, or
11 learns of a reasonable method of identifying the owner;
12(2)    fails to take reasonable measures to restore the property to the owner;
13 and
14(3)   intends to deprive the owner permanently of the use or benefit of the
15 property when the person obtains the property or at a later time.
16      (e)   A person may not obtain the services of another that are available only for
17 compensation:
18(1)    by deception; or
19(2)   with knowledge that the services are provided without the consent of
20 the person providing them.
21(f)   Under this section, an offender’s intention or knowledge that a promise would
22 not be performed may not be established by or inferred solely from the fact that the promise
23 was not performed.
24(g)    (1)    THIS SUBSECTION DOES NOT APPLY TO THEFT OF A FIREARM.
25(2)    A person convicted of theft of property or services with a value of:
26(i)    at least $1,500 but less than $25,000 is guilty of a felony and:
271.    is subject to imprisonment not exceeding 5 years or a fine
28 not exceeding $10,000 or both; and
292.    shall restore the property taken to the owner or pay the
30 owner the value of the property or services;
31(ii)   at least $25,000 but less than $100,000 is guilty of a felony and:
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11.    is subject to imprisonment not exceeding 10 years or a fine
2 not exceeding $15,000 or both; and
32.    shall restore the property taken to the owner or pay the
4 owner the value of the property or services; or
5(iii)   $100,000 or more is guilty of a felony and:
61.    is subject to imprisonment not exceeding 20 years or a fine
7 not exceeding $25,000 or both; and
82.    shall restore the property taken to the owner or pay the
9 owner the value of the property or services.
10[(2)] (3)     Except as provided in paragraph [(3)] (4) of this subsection, a
11 person convicted of theft of property or services with a value of at least $100 but less than
12 $1,500, is guilty of a misdemeanor and:
13(i)     is subject to:
141.    for a first conviction, imprisonment not exceeding 6
15 months or a fine not exceeding $500 or both; and
162.    for a second or subsequent conviction, imprisonment not
17 exceeding 1 year or a fine not exceeding $500 or both; and
18(ii)   shall restore the property taken to the owner or pay the owner
19 the value of the property or services.
20[(3)] (4)      A person convicted of theft of property or services with a value of
21 less than $100 is guilty of a misdemeanor and:
22(i)    is subject to imprisonment not exceeding 90 days or a fine not
23 exceeding $500 or both; and
24(ii)   shall restore the property taken to the owner or pay the owner
25 the value of the property or services.
26[(4)] (5)     Subject to paragraph [(5)] (6) of this subsection, a person who
27 has four or more prior convictions under this subtitle and who is convicted of theft of
28 property or services with a value of less than $1,500 under paragraph [(2)] (3) of this
29 subsection is guilty of a misdemeanor and:
30(i)    is subject to imprisonment not exceeding 5 years or a fine not
31 exceeding $5,000 or both; and
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1(ii)   shall restore the property taken to the owner or pay the owner
2 the value of the property or services.
3[(5)] (6)     The court may not impose the penalties under paragraph [(4)]
4 (5) of this subsection unless the State’s Attorney serves notice on the defendant or the
5 defendant’s counsel before the acceptance of a plea of guilty or nolo contendere or at least
6 15 days before trial that:
7(i)    the State will seek the penalties under paragraph [(4)] (5) of this
8 subsection; and
9(ii)   lists the alleged prior convictions.
10(H)    (1)A PERSON CONVICTED OF THEFT OF A FIREARM, INCLUDING AN
11 ANTIQUE FIREARM OR A REPLICA OF AN ANTIQUE FIREARM, IS GUILTY OF A FELONY
12 AND IS SUBJECT TO:
13(I)
  FOR A FIRST CONVICTION, IMPRISONMENT NOT EXCEEDING
14 5 YEARS OR A FINE NOT EXCEEDING $1,000 OR BOTH; AND
15(II)
  FOR   A   SECOND   OR    SUBSEQUENT    CONVICTION,
16 IMPRISONMENT NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $2,500 OR
17 BOTH.
18(2)    A SENTENCE IMPOSED UNDER PARAGRAPH (1) OF THIS
19 SUBSECTION SHALL BE SEPARATE FROM AND CONSECUTIVE TO A SENTENCE FOR
20 ANY OTHER OFFENSE.
21[(h)] (I)     (1)    If a person is convicted of a violation under this section for failure
22 to pay for motor fuel after the motor fuel was dispensed into a vehicle, the court shall:
23(i)  notify the person that the person’s driver’s license may be
24 suspended under § 16–206.1 of the Transportation Article; and
25(ii)   notify the Motor Vehicle Administration of the violation.
26(2)    The Chief Judge of the District Court and the Administrative Office of
27 the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform
28 procedures for reporting a violation under this subsection.
29[(i)] (J)    An action or prosecution for a violation of subsection [(g)(2) or (3)]
30 (G)(3) OR (4) of this section shall be commenced within 2 years after the commission of
31 the crime.
32[(j)] (K)     A person who violates this section by use of an interactive computer
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1 service may be prosecuted, indicted, tried, and convicted in any county in which the victim
2 resides or the electronic communication originated or terminated.
3SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
4 October 1, 2026.