EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0425*
HOUSE BILL 425
E4 2lr1537
CF SB 387
By: The Speaker (By Request – Office of the Attorney General) and Delegate Lopez
Introduced and read first time: January 20, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Untraceable Firearms 2
FOR the purpose of altering a certain definition of “firearm” to include a certain unfinished 3
frame or receiver; prohibiting a person from purchasing, receiving, selling, offering 4
to sell, or transferring an unfinished frame or receiver, or possessing a firearm on or 5
after a certain date, unless it is required by federal law to be, and has been, imprinted 6
with a certain number in a certain manner; requiring the Secretary of State Police 7
to suspend a certain dealer’s license if the dealer is charged with a certain crime; 8
requiring the Secretary to revoke a certain dealer’s license if the dealer is convicted 9
of a certain crime; and generally relating to firearms. 10
BY repealing and reenacting, without amendments, 11
Article – Public Safety 12
Section 5–101(a) 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Public Safety 17
Section 5–101(h) and 5–114 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2021 Supplement) 20
BY adding to 21
Article – Public Safety 22
Section 5–701 through 5–705 to be under the new subtitle “Subtitle 7. Untraceable 23
Firearms” 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2021 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 HOUSE BILL 425
That the Laws of Maryland read as follows: 1
Article – Public Safety 2
5–101. 3
(a) In this subtitle the following words have the meanings indicated. 4
(h) (1) “Firearm” means: 5
(i) a weapon that expels, is designed to expel, or may readily be 6
converted to expel a projectile by the action of an explosive; [or] 7
(ii) the frame or receiver of such a weapon; OR 8
(III) AN UNFINISHED FRAME OR RECEIVER , AS DEFINED IN § 9
5–701 OF THIS TITLE. 10
(2) “Firearm” includes a starter gun. 11
5–114. 12
(a) (1) The Secretary shall suspend a dealer’s license if the licensee: 13
(i) is under indictment for a crime of violence; [or] 14
(ii) is arrested for a violation of this subtitle that prohibits the 15
purchase or possession of a regulated firearm; OR 16
(III) IS CHARGED WITH A CRIME UNDER SUBTITLE 7 OF THIS 17
TITLE. 18
(2) (i) The Secretary may suspend a dealer’s license if the licensee is 19
not in compliance with the record keeping and reporting requirements of § 5–145 of this 20
subtitle. 21
(ii) The Secretary may lift a suspension under this paragraph after 22
the licensee provides evidence that the record keeping violation has been corrected. 23
(b) The Secretary shall revoke a dealer’s license if: 24
(1) it is discovered that false information has been supplied or false 25
statements have been made in an application required by this subtitle; or 26
(2) the licensee: 27
HOUSE BILL 425 3
(i) is convicted of a disqualifying crime; 1
(ii) is convicted of a violation classified as a common law crime and 2
receives a term of imprisonment of more than 2 years; 3
(iii) is a fugitive from justice; 4
(iv) is a habitual drunkard; 5
(v) is addicted to a controlled dangerous substance or is a habitual 6
user; 7
(vi) has spent more than 30 consecutive days in a medical institution 8
for treatment of a mental disorder, unless the licensee produces a physician’s certificate, 9
issued after the last institutionalization and certifying that the licensee is capable of 10
possessing a regulated firearm without undue danger to the licensee or to another; 11
(vii) has knowingly or willfully manufactured, offered to sell, or sold 12
a handgun not on the handgun roster in violation of § 5–406 of this title; [or] 13
(viii) has knowingly or willfully participated in a straw purchase of a 14
regulated firearm; OR 15
(IX) IS CONVICTED OF A CRIME UNDER SUBTITLE 7 OF THIS 16
TITLE. 17
(c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall 18
notify the licensee in writing of the suspension or revocation. 19
(d) A person whose dealer’s license is suspended or revoked may not engage in 20
the business of selling, renting, or transferring regulated firearms, unless the suspension 21
or revocation has been subsequently withdrawn by the Secretary or overruled by a court in 22
accordance with § 5–116 of this subtitle. 23
SUBTITLE 7. UNTRACEABLE FIREARMS. 24
5–701. 25
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(B) “ANTIQUE FIREARM ” HAS THE MEANING STAT ED IN § 4–201 OF THE 28
CRIMINAL LAW ARTICLE. 29
(C) “FEDERALLY LICENSED FI REARMS DEALER ” MEANS A PERSON 30
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 31 4 HOUSE BILL 425
EXPLOSIVES TO DEAL IN FIREARMS. 1
(D) “FEDERALLY LICENSED FI REARMS IMPORTER ” MEANS A PERSON 2
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 3
EXPLOSIVES TO IMPORT FIREARMS. 4
(E) “FEDERALLY LICENSED FI REARMS MANUFACTURER ” MEANS A PERSON 5
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 6
EXPLOSIVES TO MANUFAC TURE FIREARMS . 7
(F) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 8
(G) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE OR THE 9
SECRETARY’S DESIGNEE. 10
(H) “UNFINISHED FRAME OR R ECEIVER” MEANS A FORGED, CAST, PRINTED, 11
EXTRUDED, OR MACHINED BODY OR SIM ILAR ARTICLE THAT : 12
(1) HAS REACHED A STAGE IN MA NUFACTURE WHERE IT M AY READILY 13
BE COMPLETED , ASSEMBLED, OR CONVERTED TO BE U SED AS THE FRAME OR 14
RECEIVER OF A FUNCTI ONAL FIREARM ; OR 15
(2) IS MARKETED OR SOLD TO THE PUBLI C TO BECOME OR BE US ED 16
AS THE FRAME OR RECE IVER OF A FUNCTIONAL FIREARM ONCE COMPLET ED, 17
ASSEMBLED, OR CONVERTED . 18
5–702. 19
THIS SUBTITLE DOES NO T APPLY TO: 20
(1) A FIREARM THAT: 21
(I) WAS MANUFACTURED BEFORE 1968; OR 22
(II) IS AN ANTIQUE FIREARM ; 23
(2) A SALE, AN OFFER TO SELL , A TRANSFER, OR A DELIVERY OF A 24
FIREARM OR AN UNFINISHED FRAME OR RECEIVER TO, OR POSSESSION OF A 25
FIREARM OR UNFINISHE D FRAME OR RECEIVER BY: 26
(I) A FEDERALLY LICENSED F IREARMS DEALER ; 27
(II) A FEDERALLY LICENSED F IREARMS MANUFACTURER ; OR 28 HOUSE BILL 425 5
(III) A FEDERALLY LICENSED F IREARMS IMPORTER ; OR 1
(3) A TRANSFER OR SURRENDE R OF A FIREARM OR AN UNFINISHED 2
FRAME OR RECEIVER TO A LAW ENFORCEMENT AG ENCY. 3
5–703. 4
(A) A PERSON MAY NOT PURCH ASE, RECEIVE, SELL, OFFER TO SELL , OR 5
TRANSFER AN UNFINISH ED FRAME OR RECEIVER UNLESS IT IS REQUIRE D BY 6
FEDERAL LAW TO BE , AND HAS BEEN , IMPRINTED WITH A SER IAL NUMBER BY A 7
FEDERALLY LICENSED F IREARMS MANUFACTURER OR FEDERALLY LICENSE D 8
FIREARMS IMPORTER IN COMPLIANCE WITH ALL FEDERAL LAW S AND REGULATIONS 9
APPLICABLE TO THE MANUFACTURE AND IMPORT OF FIREARMS . 10
(B) ON OR AFTER JANUARY 1, 2023, A PERSON MAY NOT POS SESS A 11
FIREARM UNLESS : 12
(1) THE FIREARM IS REQUI RED BY FEDERAL LAW T O BE, AND HAS 13
BEEN, IMPRINTED BY A FEDER ALLY LICENSED FIREAR MS MANUFACTURER OR 14
FEDERALLY LICENSED FIREARMS IM PORTER WITH A SERIAL NUMBER IN 15
COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE 16
MANUFACTU RE AND IMPORT OF FIR EARMS; OR 17
(2) THE FIREARM HAS BEEN IMPRINTED BY A FEDER ALLY LICENSED 18
FIREARMS DEALER OR O THER FEDERAL LICENSE E AUTHORIZED TO PROV IDE 19
MARKING SERVICES WIT H THE FIRST THREE AND LAST FIVE DIGITS OF THE 20
LICENSEE’S FEDERAL FIREARMS L ICENSE NUMBER , FOLLOWED BY A HYPHEN , AND 21
THEN FOLLOWED BY A NOTHER NUMBER. 22
(C) A FEDERALLY LICENSED F IREARMS DEALER OR OT HER FEDERAL 23
LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES WHO IMPRINTS A FIREARM 24
UNDER SUBSECTION (B)(2) OF THIS SECTION SHAL L: 25
(1) IMPRINT THE FIREARM IN COMPLIANCE WITH A LL FEDERAL LAWS 26
AND REGULATIONS APPLICABLE TO AFFIXING SERIAL NUMB ERS TO FIREARMS , 27
INCLUDING: 28
(I) MINIMUM SIZE AND DEP TH REQUIREMENTS ; AND 29
(II) REQUIREMENTS THAT THE NUMBERS NOT BE READILY 30
SUSCEPTIBLE TO BEING OBLITERATED , ALTERED, OR REMOVED ; AND 31
6 HOUSE BILL 425
(2) RETAIN RECORD S FOR ALL FIREARMS IMPRINTED IN 1
ACCORDANCE WITH ALL FEDERAL LAW S AND REGULATIONS APPLICABLE TO THE 2
SALE OF A FIREARM . 3
5–704. 4
(A) A PERSON WHO VIOLATES THIS SUBTITLE IS GUI LTY OF A 5
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 6
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 7
(B) EACH VIOLATION OF THI S SUBTITLE IS A SEPA RATE CRIME. 8
5–705. 9
THE SECRETARY M AY ADOPT REGULATIONS TO CARRY OUT THE PRO VISIONS 10
OF THIS SUBTITLE. 11
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 12
the application thereof to any person or circumstance is held invalid for any reason in a 13
court of competent jurisdiction, the invalidity does not affect other provisions or any other 14
application of this Act that can be given effect without the invalid provision or application, 15
and for this purpose the provisions of this Act are declared severable. 16
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 17
1, 2022. 18