| Old | New | Differences | |
|---|---|---|---|
| 1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 18 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 18 | |
| 5 | - | (House Bill 425) | |
| 6 | 2 | ||
| 7 | - | AN ACT concerning | |
| 3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | + | [Brackets] indicate matter deleted from existing law. | |
| 5 | + | Underlining indicates amendments to bill. | |
| 6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | + | amendment. | |
| 8 | + | Italics indicate opposite chamber/conference committee amendments. | |
| 9 | + | *hb0425* | |
| 8 | 10 | ||
| 9 | - | Public Safety – Untraceable Firearms | |
| 11 | + | HOUSE BILL 425 | |
| 12 | + | E4 (2lr1537) | |
| 13 | + | ENROLLED BILL | |
| 14 | + | — Judiciary/Judicial Proceedings — | |
| 15 | + | Introduced by The Speaker (By Request – Office of the Attorney General) and | |
| 16 | + | Delegate Lopez | |
| 10 | 17 | ||
| 11 | - | FOR the purpose of altering a certain definition of “firearm” to include a certain unfinished | |
| 12 | - | frame or receiver; prohibiting a person from purchasing, receiving, selling, offering | |
| 13 | - | to sell, or transferring an unfinished frame or receiver, or receiver; prohibiting a | |
| 14 | - | person from selling, offering to sell, or transferring a certain firearm; prohibiting a | |
| 15 | - | person from possessing a firearm on or after a certain date, unless it is required by | |
| 16 | - | federal law to be, and has been, imprinted with a certain number in a certain | |
| 17 | - | manner; requiring the Secretary of State Police to suspend a certain dealer’s license | |
| 18 | - | if the dealer is charged with a certain crime; requiring the Secretary to revoke a | |
| 19 | - | certain dealer’s license if the dealer is convicted of a certain crime; providing for a | |
| 20 | - | system of registration of a certain firearm with the Secretary; requiring the Governor | |
| 21 | - | to include a certain appropriation in the annual State budget; and generally relating | |
| 22 | - | to firearms. | |
| 18 | + | Read and Examined by Proofreaders: | |
| 23 | 19 | ||
| 24 | - | BY repealing and reenacting, without amendments, | |
| 25 | - | Article – Public Safety | |
| 26 | - | Section 5–101(a) | |
| 27 | - | Annotated Code of Maryland | |
| 28 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 20 | + | _______________________________________________ | |
| 21 | + | Proofreader. | |
| 22 | + | _______________________________________________ | |
| 23 | + | Proofreader. | |
| 29 | 24 | ||
| 30 | - | BY repealing and reenacting, with amendments, | |
| 31 | - | Article – Public Safety | |
| 32 | - | Section 5–101(h) and 5–114 | |
| 33 | - | Annotated Code of Maryland | |
| 34 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 25 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
| 35 | 26 | ||
| 36 | - | BY adding to | |
| 37 | - | Article – Public Safety | |
| 38 | - | Section 5–701 through 5–705 5–706 to be under the new subtitle “Subtitle 7. | |
| 39 | - | Untraceable Firearms” | |
| 40 | - | Annotated Code of Maryland | |
| 41 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 27 | + | _______ day of _______________ at ________________________ o’clock, ________M. | |
| 42 | 28 | ||
| 43 | - | ||
| 44 | - | ||
| 29 | + | ______________________________________________ | |
| 30 | + | Speaker. | |
| 45 | 31 | ||
| 46 | - | ||
| 32 | + | CHAPTER ______ | |
| 47 | 33 | ||
| 48 | - | 5–101. | |
| 49 | - | Ch. 18 2022 LAWS OF MARYLAND | |
| 34 | + | AN ACT concerning 1 | |
| 50 | 35 | ||
| 51 | - | – 2 – | |
| 52 | - | (a) In this subtitle the following words have the meanings indicated. | |
| 36 | + | Public Safety – Untraceable Firearms 2 | |
| 53 | 37 | ||
| 54 | - | (h) (1) “Firearm” means: | |
| 38 | + | FOR the purpose of altering a certain definition of “firearm” to include a certain unfinished 3 | |
| 39 | + | frame or receiver; prohibiting a person from purchasing, receiving, selling, offering 4 | |
| 40 | + | to sell, or transferring an unfinished frame or receiver, or receiver; prohibiting a 5 | |
| 41 | + | person from selling, offering to sell, or transferring a certain firearm; prohibiting a 6 | |
| 42 | + | person from possessing a firearm on or after a certain date, unless it is required by 7 | |
| 43 | + | federal law to be, and has been, imprinted with a certain number in a certain 8 | |
| 44 | + | manner; requiring the Secretary of State Police to suspend a certain dealer’s license 9 | |
| 45 | + | if the dealer is charged with a certain crime; requiring the Secretary to revoke a 10 | |
| 46 | + | certain dealer’s license if the dealer is convicted of a certain crime; providing for a 11 | |
| 47 | + | system of registration of a certain firearm with the Secretary; requiring the Governor 12 | |
| 48 | + | to include a certain appropriation in the annual State budget; and generally relating 13 | |
| 49 | + | to firearms. 14 2 HOUSE BILL 425 | |
| 55 | 50 | ||
| 56 | - | (i) a weapon that expels, is designed to expel, or may readily be | |
| 57 | - | converted to expel a projectile by the action of an explosive; [or] | |
| 58 | 51 | ||
| 59 | - | (ii) the frame or receiver of such a weapon; OR | |
| 60 | 52 | ||
| 61 | - | (III) AN UNFINISHED FRAME OR RECEIVER , AS DEFINED IN § | |
| 62 | - | 5–701 OF THIS TITLE. | |
| 53 | + | BY repealing and reenacting, without amendments, 1 | |
| 54 | + | Article – Public Safety 2 | |
| 55 | + | Section 5–101(a) 3 | |
| 56 | + | Annotated Code of Maryland 4 | |
| 57 | + | (2018 Replacement Volume and 2021 Supplement) 5 | |
| 63 | 58 | ||
| 64 | - | (2) “Firearm” includes a starter gun. | |
| 59 | + | BY repealing and reenacting, with amendments, 6 | |
| 60 | + | Article – Public Safety 7 | |
| 61 | + | Section 5–101(h) and 5–114 8 | |
| 62 | + | Annotated Code of Maryland 9 | |
| 63 | + | (2018 Replacement Volume and 2021 Supplement) 10 | |
| 65 | 64 | ||
| 66 | - | 5–114. | |
| 65 | + | BY adding to 11 | |
| 66 | + | Article – Public Safety 12 | |
| 67 | + | Section 5–701 through 5–705 5–706 to be under the new subtitle “Subtitle 7. 13 | |
| 68 | + | Untraceable Firearms” 14 | |
| 69 | + | Annotated Code of Maryland 15 | |
| 70 | + | (2018 Replacement Volume and 2021 Supplement) 16 | |
| 67 | 71 | ||
| 68 | - | (a) (1) The Secretary shall suspend a dealer’s license if the licensee: | |
| 72 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 73 | + | That the Laws of Maryland read as follows: 18 | |
| 69 | 74 | ||
| 70 | - | ||
| 75 | + | Article – Public Safety 19 | |
| 71 | 76 | ||
| 72 | - | (ii) is arrested for a violation of this subtitle that prohibits the | |
| 73 | - | purchase or possession of a regulated firearm; OR | |
| 77 | + | 5–101. 20 | |
| 74 | 78 | ||
| 75 | - | (III) IS CHARGED WITH A CR IME UNDER SUBTITLE 7 OF THIS | |
| 76 | - | TITLE. | |
| 79 | + | (a) In this subtitle the following words have the meanings indicated. 21 | |
| 77 | 80 | ||
| 78 | - | (2) (i) The Secretary may suspend a dealer’s license if the licensee is | |
| 79 | - | not in compliance with the record keeping and reporting requirements of § 5–145 of this | |
| 80 | - | subtitle. | |
| 81 | + | (h) (1) “Firearm” means: 22 | |
| 81 | 82 | ||
| 82 | - | ( | |
| 83 | - | ||
| 83 | + | (i) a weapon that expels, is designed to expel, or may readily be 23 | |
| 84 | + | converted to expel a projectile by the action of an explosive; [or] 24 | |
| 84 | 85 | ||
| 85 | - | ( | |
| 86 | + | (ii) the frame or receiver of such a weapon; OR 25 | |
| 86 | 87 | ||
| 87 | - | ( | |
| 88 | - | ||
| 88 | + | (III) AN UNFINISHED FRAME OR RECEIVER , AS DEFINED IN § 26 | |
| 89 | + | 5–701 OF THIS TITLE. 27 | |
| 89 | 90 | ||
| 90 | - | (2) | |
| 91 | + | (2) “Firearm” includes a starter gun. 28 | |
| 91 | 92 | ||
| 92 | - | ||
| 93 | + | 5–114. 29 | |
| 93 | 94 | ||
| 94 | - | (ii) is convicted of a violation classified as a common law crime and | |
| 95 | - | receives a term of imprisonment of more than 2 years; | |
| 96 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 18 | |
| 95 | + | (a) (1) The Secretary shall suspend a dealer’s license if the licensee: 30 | |
| 97 | 96 | ||
| 98 | - | – 3 – | |
| 99 | - | (iii) is a fugitive from justice; | |
| 97 | + | (i) is under indictment for a crime of violence; [or] 31 HOUSE BILL 425 3 | |
| 100 | 98 | ||
| 101 | - | (iv) is a habitual drunkard; | |
| 102 | 99 | ||
| 103 | - | (v) is addicted to a controlled dangerous substance or is a habitual | |
| 104 | - | user; | |
| 105 | 100 | ||
| 106 | - | (vi) has spent more than 30 consecutive days in a medical institution | |
| 107 | - | for treatment of a mental disorder, unless the licensee produces a physician’s certificate, | |
| 108 | - | issued after the last institutionalization and certifying that the licensee is capable of | |
| 109 | - | possessing a regulated firearm without undue danger to the licensee or to another; | |
| 101 | + | (ii) is arrested for a violation of this subtitle that prohibits the 1 | |
| 102 | + | purchase or possession of a regulated firearm; OR 2 | |
| 110 | 103 | ||
| 111 | - | ( | |
| 112 | - | ||
| 104 | + | (III) IS CHARGED WITH A CR IME UNDER SUBTITLE 7 OF THIS 3 | |
| 105 | + | TITLE. 4 | |
| 113 | 106 | ||
| 114 | - | (viii) has knowingly or willfully participated in a straw purchase of a | |
| 115 | - | regulated firearm; OR | |
| 107 | + | (2) (i) The Secretary may suspend a dealer’s license if the licensee is 5 | |
| 108 | + | not in compliance with the record keeping and reporting requirements of § 5–145 of this 6 | |
| 109 | + | subtitle. 7 | |
| 116 | 110 | ||
| 117 | - | ( | |
| 118 | - | ||
| 111 | + | (ii) The Secretary may lift a suspension under this paragraph after 8 | |
| 112 | + | the licensee provides evidence that the record keeping violation has been corrected. 9 | |
| 119 | 113 | ||
| 120 | - | (c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall | |
| 121 | - | notify the licensee in writing of the suspension or revocation. | |
| 114 | + | (b) The Secretary shall revoke a dealer’s license if: 10 | |
| 122 | 115 | ||
| 123 | - | (d) A person whose dealer’s license is suspended or revoked may not engage in | |
| 124 | - | the business of selling, renting, or transferring regulated firearms, unless the suspension | |
| 125 | - | or revocation has been subsequently withdrawn by the Secretary or overruled by a court in | |
| 126 | - | accordance with § 5–116 of this subtitle. | |
| 116 | + | (1) it is discovered that false information has been supplied or false 11 | |
| 117 | + | statements have been made in an application required by this subtitle; or 12 | |
| 127 | 118 | ||
| 128 | - | ||
| 119 | + | (2) the licensee: 13 | |
| 129 | 120 | ||
| 130 | - | ||
| 121 | + | (i) is convicted of a disqualifying crime; 14 | |
| 131 | 122 | ||
| 132 | - | ( | |
| 133 | - | ||
| 123 | + | (ii) is convicted of a violation classified as a common law crime and 15 | |
| 124 | + | receives a term of imprisonment of more than 2 years; 16 | |
| 134 | 125 | ||
| 135 | - | (B) “ANTIQUE FIREARM ” HAS THE MEANING STAT ED IN § 4–201 OF THE | |
| 136 | - | CRIMINAL LAW ARTICLE. | |
| 126 | + | (iii) is a fugitive from justice; 17 | |
| 137 | 127 | ||
| 138 | - | (C) “FEDERALLY LICENSED FI REARMS DEALER ” MEANS A PERSON | |
| 139 | - | LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND | |
| 140 | - | EXPLOSIVES TO DEAL IN FIREARMS. | |
| 141 | - | Ch. 18 2022 LAWS OF MARYLAND | |
| 128 | + | (iv) is a habitual drunkard; 18 | |
| 142 | 129 | ||
| 143 | - | – 4 – | |
| 144 | - | (D) “FEDERALLY LICENSED FI REARMS IMPORTER ” MEANS A PERSON | |
| 145 | - | LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND | |
| 146 | - | EXPLOSIVES TO IMPORT FIREARMS. | |
| 130 | + | (v) is addicted to a controlled dangerous substance or is a habitual 19 | |
| 131 | + | user; 20 | |
| 147 | 132 | ||
| 148 | - | (E) “FEDERALLY LICENSED FI REARMS MANUFACTURE R” MEANS A PERSON | |
| 149 | - | LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND | |
| 150 | - | EXPLOSIVES TO MANUFAC TURE FIREARMS . | |
| 133 | + | (vi) has spent more than 30 consecutive days in a medical institution 21 | |
| 134 | + | for treatment of a mental disorder, unless the licensee produces a physician’s certificate, 22 | |
| 135 | + | issued after the last institutionalization and certifying that the licensee is capable of 23 | |
| 136 | + | possessing a regulated firearm without undue danger to the licensee or to another; 24 | |
| 151 | 137 | ||
| 152 | - | (F) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. | |
| 138 | + | (vii) has knowingly or willfully manufactured, offered to sell, or sold 25 | |
| 139 | + | a handgun not on the handgun roster in violation of § 5–406 of this title; [or] 26 | |
| 153 | 140 | ||
| 154 | - | ( | |
| 155 | - | ||
| 141 | + | (viii) has knowingly or willfully participated in a straw purchase of a 27 | |
| 142 | + | regulated firearm; OR 28 | |
| 156 | 143 | ||
| 157 | - | ( | |
| 158 | - | ||
| 144 | + | (IX) IS CONVICTED OF A CR IME UNDER SUBTITLE 7 OF THIS 29 | |
| 145 | + | TITLE. 30 4 HOUSE BILL 425 | |
| 159 | 146 | ||
| 160 | - | (1) HAS REACHED A STAGE IN MANUFACTURE WHERE IT MAY READILY | |
| 161 | - | BE COMPLETED , ASSEMBLED, OR CONVERTED TO BE U SED AS THE FRAME OR | |
| 162 | - | RECEIVER OF A FUNCTI ONAL FIREARM ; OR | |
| 163 | 147 | ||
| 164 | - | (2) IS MARKETED OR SOLD TO THE PUBLIC TO BEC OME OR BE USED | |
| 165 | - | AS THE FRAME OR RECE IVER OF A FUNCTIONAL FIREARM ONCE COMPLET ED, | |
| 166 | - | ASSEMBLED, OR CONVERTED . | |
| 167 | 148 | ||
| 168 | - | 5–702. | |
| 149 | + | (c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall 1 | |
| 150 | + | notify the licensee in writing of the suspension or revocation. 2 | |
| 169 | 151 | ||
| 170 | - | THIS SUBTITLE DOES NO T APPLY TO: | |
| 152 | + | (d) A person whose dealer’s license is suspended or revoked may not engage in 3 | |
| 153 | + | the business of selling, renting, or transferring regulated firearms, unless the suspension 4 | |
| 154 | + | or revocation has been subsequently withdrawn by the Secretary or overruled by a court in 5 | |
| 155 | + | accordance with § 5–116 of this subtitle. 6 | |
| 171 | 156 | ||
| 172 | - | ||
| 157 | + | SUBTITLE 7. UNTRACEABLE FIREARMS. 7 | |
| 173 | 158 | ||
| 174 | - | ||
| 159 | + | 5–701. 8 | |
| 175 | 160 | ||
| 176 | - | (II) IS AN ANTIQUE FIREAR M; | |
| 161 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9 | |
| 162 | + | INDICATED. 10 | |
| 177 | 163 | ||
| 178 | - | (2) A SALE, AN OFFER TO SELL , A TRANSFER, OR A DELIVERY OF A | |
| 179 | - | FIREARM OR AN UNFINI SHED FRAME OR RECEIV ER TO, OR POSSESSION OF A | |
| 180 | - | FIREARM OR UNFINISHE D FRAME OR RECEIVER BY: | |
| 164 | + | (B) “ANTIQUE FIREARM ” HAS THE MEANING STAT ED IN § 4–201 OF THE 11 | |
| 165 | + | CRIMINAL LAW ARTICLE. 12 | |
| 181 | 166 | ||
| 182 | - | (I) A FEDERALLY LICENSED FIREARMS DEALER ; | |
| 167 | + | (C) “FEDERALLY LICENSED FI REARMS DEALER ” MEANS A PERSON 13 | |
| 168 | + | LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 14 | |
| 169 | + | EXPLOSIVES TO DEAL IN FIREARMS. 15 | |
| 183 | 170 | ||
| 184 | - | (II) A FEDERALLY LICENSED FIREARMS MANUFACTURE R; OR | |
| 171 | + | (D) “FEDERALLY LI CENSED FIREARMS IMPO RTER” MEANS A PERSON 16 | |
| 172 | + | LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 17 | |
| 173 | + | EXPLOSIVES TO IMPORT FIREARMS. 18 | |
| 185 | 174 | ||
| 186 | - | (III) A FEDERALLY LICENSED FIREARMS IMPORTER ; OR | |
| 187 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 18 | |
| 175 | + | (E) “FEDERALLY LICENSED FI REARMS MANUFACTURER ” MEANS A PERSON 19 | |
| 176 | + | LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 20 | |
| 177 | + | EXPLOSIVES TO MANUFAC TURE FIREARMS . 21 | |
| 188 | 178 | ||
| 189 | - | – 5 – | |
| 190 | - | (3) A TRANSFER OR SURREN DER OF A FIREARM OR AN UNFINISHED | |
| 191 | - | FRAME OR RECEIVER TO A LAW ENFORCEMENT AGENC Y. | |
| 179 | + | (F) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 22 | |
| 192 | 180 | ||
| 193 | - | 5–703. | |
| 181 | + | (G) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE OR THE 23 | |
| 182 | + | SECRETARY’S DESIGNEE. 24 | |
| 194 | 183 | ||
| 195 | - | (A) (1) A PERSON MAY NOT PURCH ASE, RECEIVE, SELL, OFFER TO SELL, | |
| 196 | - | OR TRANSFER AN UNFIN ISHED FRAME OR RECEI VER UNLESS IT IS REQ UIRED BY | |
| 197 | - | FEDERAL LAW TO BE , AND HAS BEEN , IMPRINTED WITH A SER IAL NUMBER BY A | |
| 198 | - | FEDERALLY LICENSED F IREARMS MANUFACTURER OR FEDERALLY LICENSE D | |
| 199 | - | FIREARMS IMPORTER IN COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS | |
| 200 | - | APPLICABLE TO THE MA NUFACTURE AND IMPORT OF FIREARMS. | |
| 184 | + | (H) “UNFINISHED FRAME OR R ECEIVER” MEANS A FORGED , CAST, PRINTED, 25 | |
| 185 | + | EXTRUDED, OR MACHINED BODY OR SIMILAR ARTICLE THAT : 26 | |
| 201 | 186 | ||
| 202 | - | ||
| 203 | - | ||
| 204 | - | ||
| 205 | - | ||
| 187 | + | (1) HAS REACHED A STAGE IN MANUFACTURE WHERE IT MAY READILY 27 | |
| 188 | + | BE COMPLETED , ASSEMBLED, OR CONVERTED TO BE U SED AS THE FRAME OR 28 | |
| 189 | + | RECEIVER OF A FUNCTI ONAL FIREARM ; OR 29 | |
| 190 | + | HOUSE BILL 425 5 | |
| 206 | 191 | ||
| 207 | - | (B) (1) THIS SUBSECTION DOES NOT APPLY TO: | |
| 208 | 192 | ||
| 209 | - | ( | |
| 210 | - | ||
| 211 | - | ||
| 193 | + | (2) IS MARKETED OR SOLD TO THE PUBLIC TO BEC OME OR BE USED 1 | |
| 194 | + | AS THE FRAME OR RECE IVER OF A FUNCTIONAL FIREARM ONCE COMPLET ED, 2 | |
| 195 | + | ASSEMBLED, OR CONVERTED . 3 | |
| 212 | 196 | ||
| 213 | - | (II) POSSESSION OF A FIRE ARM THAT DOES NOT CO MPLY WITH | |
| 214 | - | THE MARKING REQUIREM ENTS DESCRIBED UNDER THIS SUBSECTION BY A PERSON | |
| 215 | - | WHO RECEIVED THE FIR EARM THROUGH INHERIT ANCE, AND IS NOT OTHERWISE | |
| 216 | - | PROHIBITED FROM POSS ESSING THE FIREARM , FOR A PERIOD NOT EXC EEDING 30 | |
| 217 | - | DAYS AFTER INHERITIN G THE FIREARM; OR | |
| 197 | + | 5–702. 4 | |
| 218 | 198 | ||
| 219 | - | (III) POSSESSION OF AN UNF INISHED FRAME OR REC EIVER BY A | |
| 220 | - | PERSON THAT MADE OR MANUFACTURED THE UNF INISHED FRAME OR REC EIVER, | |
| 221 | - | WITHOUT THE USE OF ANY PREFABRICATED PA RTS, AND WHO IS NOT OTHER WISE | |
| 222 | - | PROHIBITED FROM POSS ESSING THE UNFINISHE D FRAME OR RECEIVER , FOR A | |
| 223 | - | PERIOD NOT EXCEEDING 30 DAYS AFTER THE PERSO N MADE OR MANUFACTUR ED THE | |
| 224 | - | UNFINISHED FRAME OR RECEIVER. | |
| 199 | + | THIS SUBTITLE DOES NO T APPLY TO: 5 | |
| 225 | 200 | ||
| 226 | - | (2) ON OR AFTER JANUARY MARCH 1, 2023, A PERSON MAY NOT | |
| 227 | - | POSSESS A FIREARM UN LESS: | |
| 201 | + | (1) A FIREARM THAT : 6 | |
| 228 | 202 | ||
| 229 | - | (1) (I) THE FIREARM IS REQUI RED BY FEDERAL LAW T O BE, AND | |
| 230 | - | HAS BEEN, IMPRINTED BY A FEDER ALLY LICENSED FIREAR MS MANUFACTURER OR | |
| 231 | - | FEDERALLY LICENSED F IREARMS IMPORTER WIT H A SERIAL NUMBER IN | |
| 232 | - | COMPLIANCE WITH ALL FEDERAL LAWS AND REGULATIONS APPLICAB LE TO THE | |
| 233 | - | MANUFACTURE AND IMPO RT OF FIREARMS ; OR Ch. 18 2022 LAWS OF MARYLAND | |
| 203 | + | (I) WAS MANUFACTURED BEF ORE OCTOBER 22, 1968; OR 7 | |
| 234 | 204 | ||
| 235 | - | ||
| 205 | + | (II) IS AN ANTIQUE FIREARM ; 8 | |
| 236 | 206 | ||
| 237 | - | (2) (II) THE FIREARM: | |
| 207 | + | (2) A SALE, AN OFFER TO SELL , A TRANSFER, OR A DELIVERY OF A 9 | |
| 208 | + | FIREARM OR AN UNFINI SHED FRAME OR RECEIV ER TO, OR POSSESSION OF A 10 | |
| 209 | + | FIREARM OR UNFINISHE D FRAME OR RECEIVER BY: 11 | |
| 238 | 210 | ||
| 239 | - | 1. HAS BEEN IMPRINTED B Y A FEDERALLY LICENS ED | |
| 240 | - | FIREARMS DEALER , FEDERAL FIREARMS MAN UFACTURER, OR OTHER FEDERAL | |
| 241 | - | LICENSEE AUTHORIZED TO PROVIDE MARKING SERV ICES, WITH THE FIRST THREE | |
| 242 | - | AND LAST FIVE DIGITS OF THE LICENSEE’S FEDERAL FIREARMS L ICENSE NUMBER , | |
| 243 | - | FOLLOWED BY A HYPHEN , AND THEN FOLLOWED BY ANO THER NUMBER : | |
| 211 | + | (I) A FEDERALLY LICENSED FIREARMS DEALER ; 12 | |
| 244 | 212 | ||
| 245 | - | A. THE ZIP CODE OF THE CURRENT OWNER OR PER SON | |
| 246 | - | THAT MADE, COMPLETED , OR INITIALLY ASSEMBLED THE FIREARM; | |
| 213 | + | (II) A FEDERALLY LICENSED FIREARMS MANUFACTURE R; OR 13 | |
| 247 | 214 | ||
| 248 | - | B. THE INITIALS OF THE CURRENT OWNER OR PER SON | |
| 249 | - | THAT MADE, COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; AND | |
| 215 | + | (III) A FEDERALLY LICENSED FIREARMS IMPORTER ; OR 14 | |
| 250 | 216 | ||
| 251 | - | C. A NUMBER THAT DOES N OT MATCH A NUMBER US ED BY | |
| 252 | - | THE CURRENT OWNER ON ANOTHER FIREARM OR B Y THE PERSON W HO MADE, | |
| 253 | - | COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ON AN Y OTHER FIREARM THAT | |
| 254 | - | THE PERSON HAS MADE , COMPLETED , OR INITIALLY ASSEMBL ED; AND | |
| 217 | + | (3) A TRANSFER OR SURREN DER OF A FIREARM OR AN UNFINISHED 15 | |
| 218 | + | FRAME OR RECEIVER TO A LAW ENFORCEMENT AG ENCY. 16 | |
| 255 | 219 | ||
| 256 | - | ||
| 220 | + | 5–703. 17 | |
| 257 | 221 | ||
| 258 | - | (C) (1) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS | |
| 259 | - | GUILTY OF A MISDEMEAN OR AND SUBJECT TO IM PRISONMENT NOT EXCEE DING 5 | |
| 260 | - | YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. | |
| 222 | + | (A) (1) A PERSON MAY NOT PURCH ASE, RECEIVE, SELL, OFFER TO SELL, 18 | |
| 223 | + | OR TRANSFER AN UNFIN ISHED FRAME OR RECEI VER UNLESS IT IS REQ UIRED BY 19 | |
| 224 | + | FEDERAL LAW TO BE , AND HAS BEEN , IMPRINTED WITH A SER IAL NUMBER BY A 20 | |
| 225 | + | FEDERALLY LICENSED F IREARMS MANUFACTURER OR FEDERALLY LICENSE D 21 | |
| 226 | + | FIREARMS IMPORTER IN COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS 22 | |
| 227 | + | APPLICABLE TO THE MA NUFACTURE AND IMPORT OF FIREARMS. 23 | |
| 261 | 228 | ||
| 262 | - | (2) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS | |
| 263 | - | GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 2 | |
| 264 | - | YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. | |
| 229 | + | (2) EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION , A 24 | |
| 230 | + | PERSON MAY NOT SELL , OFFER TO SELL , OR TRANSFER A FIREAR M UNLESS IT IS 25 | |
| 231 | + | IMPRINTED WITH A SER IAL NUMBER AS DESCRI BED UNDER SUBSECTION (B) OF THIS 26 | |
| 232 | + | SECTION. 27 | |
| 265 | 233 | ||
| 266 | - | (3) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. | |
| 234 | + | (B) (1) THIS SUBSECTION DOES NOT APPLY TO: 28 | |
| 235 | + | 6 HOUSE BILL 425 | |
| 267 | 236 | ||
| 268 | - | (D) A FEDERALLY LICENSED F IREARMS DEALER OR OT HER FEDERAL | |
| 269 | - | LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES WHO IMPRINTS A FIREARM | |
| 270 | - | UNDER SUBSECTION (B)(2) (B)(2)(II) OF THIS SECTION SHAL L: | |
| 271 | 237 | ||
| 272 | - | ( | |
| 273 | - | ||
| 274 | - | ||
| 238 | + | (I) POSSESSION OF A FIRE ARM UNLESS A PERSON KNEW OR 1 | |
| 239 | + | REASONABLY SHOULD HA VE KNOWN THAT THE FI REARM WAS NOT IMPRIN TED WITH 2 | |
| 240 | + | A SERIAL NUMBER AS D ESCRIBED UNDER THIS SUBSECTION; 3 | |
| 275 | 241 | ||
| 276 | - | (I) (1) MINIMUM SIZE AND DEP TH REQUIREMENTS ; AND | |
| 277 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 18 | |
| 242 | + | (II) POSSESSION OF A FIRE ARM THAT DOES NOT CO MPLY WITH 4 | |
| 243 | + | THE MARKING REQUIREM ENTS DESCRIBED UNDER THIS SUBSECTION BY A PERSON 5 | |
| 244 | + | WHO RECEIVED THE FIR EARM THROUGH INHERIT ANCE, AND IS NOT OTHERWISE 6 | |
| 245 | + | PROHIBITED FROM POSS ESSING THE FIREARM , FOR A PERIOD NOT EXC EEDING 30 7 | |
| 246 | + | DAYS AFTER INHERITIN G THE FIREARM; OR 8 | |
| 278 | 247 | ||
| 279 | - | – 7 – | |
| 280 | - | (II) (2) REQUIREMENTS THAT THE NUMBERS NOT BE | |
| 281 | - | READILY SUSCEPTIBLE TO BEING OBLITERATED , ALTERED, OR REMOVED ; AND. | |
| 248 | + | (III) POSSESSION OF AN UNF INISHED FRAME OR REC EIVER BY A 9 | |
| 249 | + | PERSON THAT MADE OR MANUFACTURED THE UNF INISHED FRAME OR REC EIVER, 10 | |
| 250 | + | WITHOUT THE USE OF A NY PREFABRICATED PAR TS, AND WHO IS NOT OTHER WISE 11 | |
| 251 | + | PROHIBITED FROM POSS ESSING THE UNFINISHE D FRAME OR RECEIVER , FOR A 12 | |
| 252 | + | PERIOD NOT EXCEEDING 30 DAYS AFTER THE PERSO N MADE OR MANUFACTUR ED THE 13 | |
| 253 | + | UNFINISHED FRAME OR RECEIVER. 14 | |
| 282 | 254 | ||
| 283 | - | (2) RETAIN RECORDS FOR A LL FIREARMS IMPRINTE D IN | |
| 284 | - | ACCORDANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE | |
| 285 | - | SALE OF A FIREARM . | |
| 255 | + | (2) ON OR AFTER JANUARY MARCH 1, 2023, A PERSON MAY NOT 15 | |
| 256 | + | POSSESS A FIREARM UN LESS: 16 | |
| 286 | 257 | ||
| 287 | - | 5–704. | |
| 258 | + | (1) (I) THE FIREARM IS REQUI RED BY FEDERAL LAW T O BE, AND 17 | |
| 259 | + | HAS BEEN, IMPRINTED BY A FEDER ALLY LICENSED FIREAR MS MANUFACTURER OR 18 | |
| 260 | + | FEDERALLY LICENSED F IREARMS IMPORTER WIT H A SERIAL NUMBER IN 19 | |
| 261 | + | COMPLIANCE WITH ALL FEDERAL LAWS AND REGULATIONS APPLICAB LE TO THE 20 | |
| 262 | + | MANUFACTURE AND IMPO RT OF FIREARMS ; OR 21 | |
| 288 | 263 | ||
| 289 | - | (A) A PERSON WHO VIOLATES THIS SU BTITLE IS GUILTY OF A | |
| 290 | - | MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT | |
| 291 | - | EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. | |
| 264 | + | (2) (II) THE FIREARM: 22 | |
| 292 | 265 | ||
| 293 | - | (B) EACH VIOLATION OF THI S SUBTITLE IS A SEPA RATE CRIME. | |
| 266 | + | 1. HAS BEEN IMPRINTED B Y A FEDERALLY LICENS ED 23 | |
| 267 | + | FIREARMS DEALER , FEDERAL FIREARMS MAN UFACTURER, OR OTHER FEDERAL 24 | |
| 268 | + | LICENSEE AUTHORIZED TO PROVIDE MARKING SERV ICES, WITH THE FIRST THREE 25 | |
| 269 | + | AND LAST FIVE DIGITS OF THE LICENSEE’S FEDERAL FIREARMS L ICENSE NUMBER , 26 | |
| 270 | + | FOLLOWED BY A HYPHEN , AND THEN FOLLOWED BY ANO THER NUMBER : 27 | |
| 294 | 271 | ||
| 295 | - | | |
| 296 | - | ||
| 272 | + | A. THE ZIP CODE OF THE CURRENT OWNER OR PER SON 28 | |
| 273 | + | THAT MADE, COMPLETED , OR INITIALLY ASSEMBLED THE FIREARM; 29 | |
| 297 | 274 | ||
| 298 | - | | |
| 299 | - | ||
| 275 | + | B. THE INITIALS OF THE CURRENT OWNER OR PER SON 30 | |
| 276 | + | THAT MADE, COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; AND 31 | |
| 300 | 277 | ||
| 301 | - | (C) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE | |
| 302 | - | ANNUAL STATE BUDGET AN APPRO PRIATION OF AT LEAST $150,000 TO FUND | |
| 303 | - | REGISTRATION ACTIVIT IES CONDUCTED BY THE SECRETARY UNDER THIS SECTION. | |
| 278 | + | C. A NUMBER THAT DOES N OT MATCH A NUMBER US ED BY 32 | |
| 279 | + | THE CURRENT OWNER ON ANOTHER FIREARM OR B Y THE PERSON W HO MADE, 33 | |
| 280 | + | COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ON AN Y OTHER FIREARM THAT 34 | |
| 281 | + | THE PERSON HAS MADE , COMPLETED , OR INITIALLY ASSEMBL ED; AND 35 HOUSE BILL 425 7 | |
| 304 | 282 | ||
| 305 | - | 5–705. | |
| 306 | 283 | ||
| 307 | - | THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THE PROVISIONS | |
| 308 | - | OF THIS SUBTITLE. | |
| 309 | 284 | ||
| 310 | - | ||
| 285 | + | 2. HAS BEEN REGISTERED WITH THE SECRETARY. 1 | |
| 311 | 286 | ||
| 312 | - | NOTHING IN THIS SUBTITLE MAY BE CONS TRUED IN A MANNER TH AT | |
| 313 | - | ABRIDGES OR OTHERWIS E LIMITS A PERSON’S RIGHT AGAINST SELF –INCRIMINATION | |
| 314 | - | UNDER THE UNITED STATES CONSTITUTION OR THE MARYLAND DECLARATION OF | |
| 315 | - | RIGHTS. | |
| 287 | + | (C) (1) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS 2 | |
| 288 | + | GUILTY OF A MISDEMEAN OR AND SUBJECT TO IM PRISONMENT NOT EXCEE DING 5 3 | |
| 289 | + | YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 4 | |
| 316 | 290 | ||
| 317 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or | |
| 318 | - | the application thereof to any person or circumstance is held invalid for any reason in a | |
| 319 | - | court of competent jurisdiction, the invalidity does not affect other provisions or any other | |
| 320 | - | application of this Act that can be given effect without the invalid provision or application, | |
| 321 | - | and for this purpose the provisions of this Act are declared severable. | |
| 322 | - | Ch. 18 2022 LAWS OF MARYLAND | |
| 291 | + | (2) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS 5 | |
| 292 | + | GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 2 6 | |
| 293 | + | YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 7 | |
| 323 | 294 | ||
| 324 | - | – 8 – | |
| 325 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed in | |
| 326 | - | a manner that is consistent with proposed federal rule 2021R–05, updating parts 447, 478, | |
| 327 | - | and 479 of the Code of Federal Regulations, published in the Federal Register (Volume 86, | |
| 328 | - | No. 97) on May 21, 2021. If the proposed federal rule is modified at the time of adoption, | |
| 329 | - | this Act shall be construed in a manner that is consistent with those modifications. | |
| 295 | + | (3) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 8 | |
| 330 | 296 | ||
| 331 | - | SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
| 332 | - | June 1, 2022. | |
| 297 | + | (D) A FEDERALLY LICENSED F IREARMS DEALER OR OT HER FEDERAL 9 | |
| 298 | + | LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES WHO IMPRINTS A FIREARM 10 | |
| 299 | + | UNDER SUBSECTION (B)(2) (B)(2)(II) OF THIS SECTION SHAL L: 11 | |
| 333 | 300 | ||
| 334 | - | Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022. | |
| 301 | + | (1) IMPRINT THE FIREARM IN COMPLIANCE WITH A LL FEDERAL LAWS 12 | |
| 302 | + | AND REGULATIONS APPL ICABLE TO AFFIXING S ERIAL NUMBERS TO FIR EARMS, 13 | |
| 303 | + | INCLUDING: 14 | |
| 304 | + | ||
| 305 | + | (I) (1) MINIMUM SIZE AND DEP TH REQUIREMENTS ; AND 15 | |
| 306 | + | ||
| 307 | + | (II) (2) REQUIREMENTS THAT THE NUMBERS NOT BE 16 | |
| 308 | + | READILY SUSCEPTIBLE TO BEING OBLITERATED , ALTERED, OR REMOVED ; AND. 17 | |
| 309 | + | ||
| 310 | + | (2) RETAIN RECORDS FOR A LL FIREARMS IMPRINTE D IN 18 | |
| 311 | + | ACCORDANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE 19 | |
| 312 | + | SALE OF A FIREARM . 20 | |
| 313 | + | ||
| 314 | + | 5–704. 21 | |
| 315 | + | ||
| 316 | + | (A) A PERSON WHO VIOLATES THIS SU BTITLE IS GUILTY OF A 22 | |
| 317 | + | MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 23 | |
| 318 | + | EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 24 | |
| 319 | + | ||
| 320 | + | (B) EACH VIOLATION OF THI S SUBTITLE IS A SEPA RATE CRIME. 25 | |
| 321 | + | ||
| 322 | + | (A) THE SECRETARY SHALL MAINT AIN A SYSTEM TO REGISTER FIREARMS 26 | |
| 323 | + | IMPRINTED WITH SERIA L NUMBERS UNDER § 5–703(B)(2)(II) OF THIS SUBTITLE. 27 | |
| 324 | + | ||
| 325 | + | (B) REGISTRATION DATA PRO VIDED FOR REGISTRATI ON IS NOT OPEN TO 28 | |
| 326 | + | PUBLIC INSPECTION . 29 | |
| 327 | + | 8 HOUSE BILL 425 | |
| 328 | + | ||
| 329 | + | ||
| 330 | + | (C) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE 1 | |
| 331 | + | ANNUAL STATE BUDGET AN APPRO PRIATION OF AT LEAST $150,000 TO FUND 2 | |
| 332 | + | REGISTRATION ACTIVIT IES CONDUCTED BY THE SECRETARY UNDER THIS SECTION. 3 | |
| 333 | + | ||
| 334 | + | 5–705. 4 | |
| 335 | + | ||
| 336 | + | THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THE PROVISIONS 5 | |
| 337 | + | OF THIS SUBTITLE. 6 | |
| 338 | + | ||
| 339 | + | 5–706. 7 | |
| 340 | + | ||
| 341 | + | NOTHING IN THIS SUBTITLE MAY BE CONS TRUED IN A MANNER TH AT 8 | |
| 342 | + | ABRIDGES OR OTHERWIS E LIMITS A PERSON’S RIGHT AGAINST SELF –INCRIMINATION 9 | |
| 343 | + | UNDER THE UNITED STATES CONSTITUTION OR THE MARYLAND DECLARATION OF 10 | |
| 344 | + | RIGHTS. 11 | |
| 345 | + | ||
| 346 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 12 | |
| 347 | + | the application thereof to any person or circumstance is held invalid for any reason in a 13 | |
| 348 | + | court of competent jurisdiction, the invalidity does not affect other provisions or any other 14 | |
| 349 | + | application of this Act that can be given effect without the invalid provision or application, 15 | |
| 350 | + | and for this purpose the provisions of this Act are declared severable. 16 | |
| 351 | + | ||
| 352 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed in 17 | |
| 353 | + | a manner that is consistent with proposed federal rule 2021R–05, updating parts 447, 478, 18 | |
| 354 | + | and 479 of the Code of Federal Regulations, published in the Federal Register (Volume 86, 19 | |
| 355 | + | No. 97) on May 21, 2021. If the proposed federal rule is modified at the time of adoption, 20 | |
| 356 | + | this Act shall be construed in a manner that is consistent with those modifications. 21 | |
| 357 | + | ||
| 358 | + | SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 | |
| 359 | + | June 1, 2022. 23 | |
| 360 | + | ||
| 361 | + | ||
| 362 | + | ||
| 363 | + | ||
| 364 | + | Approved: | |
| 365 | + | ________________________________________________________________________________ | |
| 366 | + | Governor. | |
| 367 | + | ________________________________________________________________________________ | |
| 368 | + | Speaker of the House of Delegates. | |
| 369 | + | ________________________________________________________________________________ | |
| 370 | + | President of the Senate. |