EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0425*
HOUSE BILL 425
E4 (2lr1537)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by The Speaker (By Request – Office of the Attorney General) and
Delegate Lopez
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
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 receiver; prohibiting a 5
person from selling, offering to sell, or transferring a certain firearm; prohibiting a 6
person from possessing a firearm on or after a certain date, unless it is required by 7
federal law to be, and has been, imprinted with a certain number in a certain 8
manner; requiring the Secretary of State Police to suspend a certain dealer’s license 9
if the dealer is charged with a certain crime; requiring the Secretary to revoke a 10
certain dealer’s license if the dealer is convicted of a certain crime; providing for a 11
system of registration of a certain firearm with the Secretary; requiring the Governor 12
to include a certain appropriation in the annual State budget; and generally relating 13
to firearms. 14 2 HOUSE BILL 425
BY repealing and reenacting, without amendments, 1
Article – Public Safety 2
Section 5–101(a) 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Public Safety 7
Section 5–101(h) and 5–114 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2021 Supplement) 10
BY adding to 11
Article – Public Safety 12
Section 5–701 through 5–705 5–706 to be under the new subtitle “Subtitle 7. 13
Untraceable Firearms” 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Public Safety 19
5–101. 20
(a) In this subtitle the following words have the meanings indicated. 21
(h) (1) “Firearm” means: 22
(i) a weapon that expels, is designed to expel, or may readily be 23
converted to expel a projectile by the action of an explosive; [or] 24
(ii) the frame or receiver of such a weapon; OR 25
(III) AN UNFINISHED FRAME OR RECEIVER , AS DEFINED IN § 26
5–701 OF THIS TITLE. 27
(2) “Firearm” includes a starter gun. 28
5–114. 29
(a) (1) The Secretary shall suspend a dealer’s license if the licensee: 30
(i) is under indictment for a crime of violence; [or] 31 HOUSE BILL 425 3
(ii) is arrested for a violation of this subtitle that prohibits the 1
purchase or possession of a regulated firearm; OR 2
(III) IS CHARGED WITH A CR IME UNDER SUBTITLE 7 OF THIS 3
TITLE. 4
(2) (i) The Secretary may suspend a dealer’s license if the licensee is 5
not in compliance with the record keeping and reporting requirements of § 5–145 of this 6
subtitle. 7
(ii) The Secretary may lift a suspension under this paragraph after 8
the licensee provides evidence that the record keeping violation has been corrected. 9
(b) The Secretary shall revoke a dealer’s license if: 10
(1) it is discovered that false information has been supplied or false 11
statements have been made in an application required by this subtitle; or 12
(2) the licensee: 13
(i) is convicted of a disqualifying crime; 14
(ii) is convicted of a violation classified as a common law crime and 15
receives a term of imprisonment of more than 2 years; 16
(iii) is a fugitive from justice; 17
(iv) is a habitual drunkard; 18
(v) is addicted to a controlled dangerous substance or is a habitual 19
user; 20
(vi) has spent more than 30 consecutive days in a medical institution 21
for treatment of a mental disorder, unless the licensee produces a physician’s certificate, 22
issued after the last institutionalization and certifying that the licensee is capable of 23
possessing a regulated firearm without undue danger to the licensee or to another; 24
(vii) has knowingly or willfully manufactured, offered to sell, or sold 25
a handgun not on the handgun roster in violation of § 5–406 of this title; [or] 26
(viii) has knowingly or willfully participated in a straw purchase of a 27
regulated firearm; OR 28
(IX) IS CONVICTED OF A CR IME UNDER SUBTITLE 7 OF THIS 29
TITLE. 30 4 HOUSE BILL 425
(c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall 1
notify the licensee in writing of the suspension or revocation. 2
(d) A person whose dealer’s license is suspended or revoked may not engage in 3
the business of selling, renting, or transferring regulated firearms, unless the suspension 4
or revocation has been subsequently withdrawn by the Secretary or overruled by a court in 5
accordance with § 5–116 of this subtitle. 6
SUBTITLE 7. UNTRACEABLE FIREARMS. 7
5–701. 8
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) “ANTIQUE FIREARM ” HAS THE MEANING STAT ED IN § 4–201 OF THE 11
CRIMINAL LAW ARTICLE. 12
(C) “FEDERALLY LICENSED FI REARMS DEALER ” MEANS A PERSON 13
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 14
EXPLOSIVES TO DEAL IN FIREARMS. 15
(D) “FEDERALLY LI CENSED FIREARMS IMPO RTER” MEANS A PERSON 16
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 17
EXPLOSIVES TO IMPORT FIREARMS. 18
(E) “FEDERALLY LICENSED FI REARMS MANUFACTURER ” MEANS A PERSON 19
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 20
EXPLOSIVES TO MANUFAC TURE FIREARMS . 21
(F) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 22
(G) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE OR THE 23
SECRETARY’S DESIGNEE. 24
(H) “UNFINISHED FRAME OR R ECEIVER” MEANS A FORGED , CAST, PRINTED, 25
EXTRUDED, OR MACHINED BODY OR SIMILAR ARTICLE THAT : 26
(1) HAS REACHED A STAGE IN MANUFACTURE WHERE IT MAY READILY 27
BE COMPLETED , ASSEMBLED, OR CONVERTED TO BE U SED AS THE FRAME OR 28
RECEIVER OF A FUNCTI ONAL FIREARM ; OR 29
HOUSE BILL 425 5
(2) IS MARKETED OR SOLD TO THE PUBLIC TO BEC OME OR BE USED 1
AS THE FRAME OR RECE IVER OF A FUNCTIONAL FIREARM ONCE COMPLET ED, 2
ASSEMBLED, OR CONVERTED . 3
5–702. 4
THIS SUBTITLE DOES NO T APPLY TO: 5
(1) A FIREARM THAT : 6
(I) WAS MANUFACTURED BEF ORE OCTOBER 22, 1968; OR 7
(II) IS AN ANTIQUE FIREARM ; 8
(2) A SALE, AN OFFER TO SELL , A TRANSFER, OR A DELIVERY OF A 9
FIREARM OR AN UNFINI SHED FRAME OR RECEIV ER TO, OR POSSESSION OF A 10
FIREARM OR UNFINISHE D FRAME OR RECEIVER BY: 11
(I) A FEDERALLY LICENSED FIREARMS DEALER ; 12
(II) A FEDERALLY LICENSED FIREARMS MANUFACTURE R; OR 13
(III) A FEDERALLY LICENSED FIREARMS IMPORTER ; OR 14
(3) A TRANSFER OR SURREN DER OF A FIREARM OR AN UNFINISHED 15
FRAME OR RECEIVER TO A LAW ENFORCEMENT AG ENCY. 16
5–703. 17
(A) (1) A PERSON MAY NOT PURCH ASE, RECEIVE, SELL, OFFER TO SELL, 18
OR TRANSFER AN UNFIN ISHED FRAME OR RECEI VER UNLESS IT IS REQ UIRED BY 19
FEDERAL LAW TO BE , AND HAS BEEN , IMPRINTED WITH A SER IAL NUMBER BY A 20
FEDERALLY LICENSED F IREARMS MANUFACTURER OR FEDERALLY LICENSE D 21
FIREARMS IMPORTER IN COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS 22
APPLICABLE TO THE MA NUFACTURE AND IMPORT OF FIREARMS. 23
(2) EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION , A 24
PERSON MAY NOT SELL , OFFER TO SELL , OR TRANSFER A FIREAR M UNLESS IT IS 25
IMPRINTED WITH A SER IAL NUMBER AS DESCRI BED UNDER SUBSECTION (B) OF THIS 26
SECTION. 27
(B) (1) THIS SUBSECTION DOES NOT APPLY TO: 28
6 HOUSE BILL 425
(I) POSSESSION OF A FIRE ARM UNLESS A PERSON KNEW OR 1
REASONABLY SHOULD HA VE KNOWN THAT THE FI REARM WAS NOT IMPRIN TED WITH 2
A SERIAL NUMBER AS D ESCRIBED UNDER THIS SUBSECTION; 3
(II) POSSESSION OF A FIRE ARM THAT DOES NOT CO MPLY WITH 4
THE MARKING REQUIREM ENTS DESCRIBED UNDER THIS SUBSECTION BY A PERSON 5
WHO RECEIVED THE FIR EARM THROUGH INHERIT ANCE, AND IS NOT OTHERWISE 6
PROHIBITED FROM POSS ESSING THE FIREARM , FOR A PERIOD NOT EXC EEDING 30 7
DAYS AFTER INHERITIN G THE FIREARM; OR 8
(III) POSSESSION OF AN UNF INISHED FRAME OR REC EIVER BY A 9
PERSON THAT MADE OR MANUFACTURED THE UNF INISHED FRAME OR REC EIVER, 10
WITHOUT THE USE OF A NY PREFABRICATED PAR TS, AND WHO IS NOT OTHER WISE 11
PROHIBITED FROM POSS ESSING THE UNFINISHE D FRAME OR RECEIVER , FOR A 12
PERIOD NOT EXCEEDING 30 DAYS AFTER THE PERSO N MADE OR MANUFACTUR ED THE 13
UNFINISHED FRAME OR RECEIVER. 14
(2) ON OR AFTER JANUARY MARCH 1, 2023, A PERSON MAY NOT 15
POSSESS A FIREARM UN LESS: 16
(1) (I) THE FIREARM IS REQUI RED BY FEDERAL LAW T O BE, AND 17
HAS BEEN, IMPRINTED BY A FEDER ALLY LICENSED FIREAR MS MANUFACTURER OR 18
FEDERALLY LICENSED F IREARMS IMPORTER WIT H A SERIAL NUMBER IN 19
COMPLIANCE WITH ALL FEDERAL LAWS AND REGULATIONS APPLICAB LE TO THE 20
MANUFACTURE AND IMPO RT OF FIREARMS ; OR 21
(2) (II) THE FIREARM: 22
1. HAS BEEN IMPRINTED B Y A FEDERALLY LICENS ED 23
FIREARMS DEALER , FEDERAL FIREARMS MAN UFACTURER, OR OTHER FEDERAL 24
LICENSEE AUTHORIZED TO PROVIDE MARKING SERV ICES, WITH THE FIRST THREE 25
AND LAST FIVE DIGITS OF THE LICENSEE’S FEDERAL FIREARMS L ICENSE NUMBER , 26
FOLLOWED BY A HYPHEN , AND THEN FOLLOWED BY ANO THER NUMBER : 27
A. THE ZIP CODE OF THE CURRENT OWNER OR PER SON 28
THAT MADE, COMPLETED , OR INITIALLY ASSEMBLED THE FIREARM; 29
B. THE INITIALS OF THE CURRENT OWNER OR PER SON 30
THAT MADE, COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; AND 31
C. A NUMBER THAT DOES N OT MATCH A NUMBER US ED BY 32
THE CURRENT OWNER ON ANOTHER FIREARM OR B Y THE PERSON W HO MADE, 33
COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ON AN Y OTHER FIREARM THAT 34
THE PERSON HAS MADE , COMPLETED , OR INITIALLY ASSEMBL ED; AND 35 HOUSE BILL 425 7
2. HAS BEEN REGISTERED WITH THE SECRETARY. 1
(C) (1) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS 2
GUILTY OF A MISDEMEAN OR AND SUBJECT TO IM PRISONMENT NOT EXCEE DING 5 3
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 4
(2) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS 5
GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 2 6
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 7
(3) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 8
(D) A FEDERALLY LICENSED F IREARMS DEALER OR OT HER FEDERAL 9
LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES WHO IMPRINTS A FIREARM 10
UNDER SUBSECTION (B)(2) (B)(2)(II) OF THIS SECTION SHAL L: 11
(1) IMPRINT THE FIREARM IN COMPLIANCE WITH A LL FEDERAL LAWS 12
AND REGULATIONS APPL ICABLE TO AFFIXING S ERIAL NUMBERS TO FIR EARMS, 13
INCLUDING: 14
(I) (1) MINIMUM SIZE AND DEP TH REQUIREMENTS ; AND 15
(II) (2) REQUIREMENTS THAT THE NUMBERS NOT BE 16
READILY SUSCEPTIBLE TO BEING OBLITERATED , ALTERED, OR REMOVED ; AND. 17
(2) RETAIN RECORDS FOR A LL FIREARMS IMPRINTE D IN 18
ACCORDANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE 19
SALE OF A FIREARM . 20
5–704. 21
(A) A PERSON WHO VIOLATES THIS SU BTITLE IS GUILTY OF A 22
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 23
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 24
(B) EACH VIOLATION OF THI S SUBTITLE IS A SEPA RATE CRIME. 25
(A) THE SECRETARY SHALL MAINT AIN A SYSTEM TO REGISTER FIREARMS 26
IMPRINTED WITH SERIA L NUMBERS UNDER § 5–703(B)(2)(II) OF THIS SUBTITLE. 27
(B) REGISTRATION DATA PRO VIDED FOR REGISTRATI ON IS NOT OPEN TO 28
PUBLIC INSPECTION . 29
8 HOUSE BILL 425
(C) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE 1
ANNUAL STATE BUDGET AN APPRO PRIATION OF AT LEAST $150,000 TO FUND 2
REGISTRATION ACTIVIT IES CONDUCTED BY THE SECRETARY UNDER THIS SECTION. 3
5–705. 4
THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THE PROVISIONS 5
OF THIS SUBTITLE. 6
5–706. 7
NOTHING IN THIS SUBTITLE MAY BE CONS TRUED IN A MANNER TH AT 8
ABRIDGES OR OTHERWIS E LIMITS A PERSON’S RIGHT AGAINST SELF –INCRIMINATION 9
UNDER THE UNITED STATES CONSTITUTION OR THE MARYLAND DECLARATION OF 10
RIGHTS. 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 be construed in 17
a manner that is consistent with proposed federal rule 2021R–05, updating parts 447, 478, 18
and 479 of the Code of Federal Regulations, published in the Federal Register (Volume 86, 19
No. 97) on May 21, 2021. If the proposed federal rule is modified at the time of adoption, 20
this Act shall be construed in a manner that is consistent with those modifications. 21
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
June 1, 2022. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.