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Maryland: Civil Immunity Legislation Heading to Governor O’Malley!

Monday, April 12, 2010

On Saturday, April 10, the State Senate passed Senate Bill 411, concurring with the House amendments by a margin of 47 to 0. The bill now heads to Governor Martin O’Malley (D) for his consideration.

Sponsored by State Senator Mac Middleton (D-28), SB411 would provide civil immunity from damages when force, including deadly force, is used and reasonable under the circumstances to repel an attack in the person’s dwelling or place of business.

The amendments offered by the House Judiciary Committee included a new Subsection C that states:

 “(C) SUBSECTION (B) OF THIS SECTION DOES NOT APPLY TO A PERSON WHO IS CONVICTED OF A CRIME OF VIOLENCE UNDER § 14-101 OF THE CRIMINAL LAW ARTICLE, ASSAULT IN THE SECOND DEGREE, OR RECKLESS ENDANGERMENT ARISING OUT OF THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (B) OF THIS SECTION.”;  

Additionally, in the new Subsection D, the Committee replaced “Shall” with “May”, “The Court may award costs and reasonable attorney’s fees to a defendant who prevails in a defense under this section”.

Please contact Governor O’Malley and urge him to sign SB 411. The Governor can be reached by phone at (410) 974-3901 or toll-free at 1-800-811-8336.  To email the Governor, please visit http://www.governor.maryland.gov/mail/.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.