In the aftermath of the 2019 Maryland General Assemblysession, Sen. Robert A. “Bobby” Zirkin (D-11th) came under fire from some guncontrol advocates for the legislative body’s inability to close the loophole instate law requiring background checks for long guns, such as shotguns andrifles.
Legislationto close the loophole passed the State Senate and House of Delegates, but thebill died on the final day of legislative business.
An Opinion piecein the Washington Post, authored bythat publication’s editorial board, contended, “Mr. Zirkin waited until thevery last minute to try to get [a law requiring background checks for privatesales of long guns] approved.”
Jmorerecentlyspoke with Zirkin, chairman of the Judicial Proceedings Committee and alongtime advocate for gun safety, about the matter.
Jmore: What did you think was right and what was wrong with thislong gun bill?
Zirkin: TheJudicial Proceedings Committee sought to close a loophole in the state’sbackground check system. Currently, secondary sales of hunting rifles, antiquerifles and other long guns are not subject to background checks. Under currentstate law, there is already a primary background check in place. This is forindividuals buying hunting rifles, antique rifles or other long guns from adealer in the state of Maryland.
Unfortunately, the House version put hunters, individualsparticipating in shooting competitions and other law-abiding citizens in legaljeopardy, which was not the intent. Specifically, details of the bill relatingto temporary loans or transfers, such as those between hunters, were alsoincluded in the legislation and could potentially lead to creating felons outof individuals doing nothing wrong.
Details of legislation matter, despite good intentions andthe titles of bills. The Senate passed a version of this bill that would haveclosed this loophole, but unfortunately the House version of the bill went waybeyond this intent. The House version of the bill would have been morerestrictive to long guns than to assault weapons and handguns.
Why do you thinkMaryland Moms Demand Action for Gun Sense in America made this legislation apriority?
Gun control advocacy groups seek — rightfully so, in myopinion — to ensure that individuals possessing firearms go through backgroundchecks in order to ensure that fewer dangerous individuals have access tofirearms. As is the case with every bill, the details of the bill matter.
Did this billlanguish on your desk for weeks?
This past legislative session, the Judicial ProceedingsCommittee considered 476 bills. The issue of background checks was a priorityfor both the Senate and the House of Delegates. We try to make sure we do ourdue diligence on every bill that comes before the Judicial ProceedingsCommittee. The bill mentioned had some problems, which we worked diligently tofix and put into a posture that would serve the citizens of Maryland. Unfortunately,that takes time.
The committee spent a great amount of time correcting thebill so it would serve Marylanders well.
What did you do toget it passed?
The Judicial Proceedings Committee voted the bill out in aposture that was logical and would serve everyone’s constituents well.
How many bills wereenacted on the last day of the session?
The Maryland Senate voted on over 300 bills without assigninga day for further hearing. Unfortunately, there is only so much time, and some bills fail to makeit across the finish line. For a national political group to try and use thisas some form of clickbait and mislead Marylanders is really disheartening.
What bills have you sponsored or co-sponsored that seek to improvegun safety in Maryland?
The Judicial Proceedings Committee has passed numerous bills to improve the safety of Marylanders. Here are just a few examples of bills that have been passed recently by the Maryland General Assembly. Regarding public safety, we passed a bill that establishes an “extreme risk protective order.” It enables law enforcement and private citizens to seek a court order temporarily preventing a person who may present a danger to others or themselves from purchasing or possessing any firearm or ammunition. In terms of firearm crimes, we passed a bill that prohibits a person from (1) transporting a “rapid fire trigger activator” into the state, or (2) manufacturing, possessing, selling, offering to sell, transferring, purchasing or receiving a rapid fire trigger activator.
The Firearm Safety Act of 2013 significantly modifies andexpands the regulation of firearms, firearms dealers and ammunition in the state,and makes significant changes to related mental health restrictions on thepossession of firearms.
One of the larger pieces of legislation to go through theJudicial Proceedings Committee was the Comprehensive Crime bill of 2018. Among many provisions, this bill permits useof wiretaps in firearm-related investigations; increases minimum and maximumpenalties for carrying or transporting a firearm; increases the penalty for useof firearm in a “crime of violence”; and expands mandatory sentencing from useof handguns in felony or violent crimes.
What bills have yousponsored or co-sponsored that seek to decrease homicides and other majorcrimes in Maryland?
In past four years, the Judicial Proceedings Committee, aswell as the Maryland General Assembly as a whole, have passed very meaningfullegislation aimed at protecting our families and communities. Severalprovisions of law relating to crimes of violence have been made stronger.Similarly, we have made the laws stronger regarding firearm possession in thecommission of a felony or other crimes of violence. In certain cases, includingprevious conviction of a crime of violence, the offender is subject to amandatory minimum penalty of five years imprisonment. The Judicial ProceedingsCommittee also increased the maximum penalty for second-degree murder fromimprisonment for up to 30 years to imprisonment for up to 40 years.
What do you plan to do about the long guns loophole legislation for the next session?
Just like every bill that comes across the desk in Judicial Proceedings, we will take a good, hard look at the issue and the effects that it will have on Marylanders. We obviously supported the bill as amended, and voted the bill out of the Senate. If an individual is purchasing a firearm, he or she should have a background check.
Peter Arnold is an Olney, Md.-based freelance writer.
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