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.
*sb0387*
SENATE BILL 387
E4 2lr1538
CF HB 425
By: The President (By Request – Office of the Attorney General) and Senator Lee
Introduced and read first time: January 24, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 1, 2022
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 a certain 12
person to register a certain firearm; requiring the Governor to include a certain 13
appropriation in the annual State budget; and generally relating to firearms. 14
BY repealing and reenacting, without amendments, 15
Article – Public Safety 16
Section 5–101(a) 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Public Safety 21
Section 5–101(h) and 5–114 22
Annotated Code of Maryland 23 2 SENATE BILL 387
(2018 Replacement Volume and 2021 Supplement) 1
BY adding to 2
Article – Public Safety 3
Section 5–701 through 5–705 to be under the new subtitle “Subtitle 7. Untraceable 4
Firearms” 5
Annotated Code of Maryland 6
(2018 Replacement Volume and 2021 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Public Safety 10
5–101. 11
(a) In this subtitle the following words have the meanings indicated. 12
(h) (1) “Firearm” means: 13
(i) a weapon that expels, is designed to expel, or may readily be 14
converted to expel a projectile by the action of an explosive; [or] 15
(ii) the frame or receiver of such a weapon; OR 16
(III) AN UNFINISHED FRAME OR RECEIVER , AS DEFINED IN § 17
5–701 OF THIS TITLE. 18
(2) “Firearm” includes a starter gun. 19
5–114. 20
(a) (1) The Secretary shall suspend a dealer’s license if the licensee: 21
(i) is under indictment for a crime of violence; [or] 22
(ii) is arrested for a violation of this subtitle that prohibits the 23
purchase or possession of a regulated firearm; OR 24
(III) IS CHARGED WITH A CR IME UNDER SUBTITLE 7 OF THIS 25
TITLE. 26
(2) (i) The Secretary may suspend a dealer’s license if the licensee is 27
not in compliance with the record keeping and reporting requirements of § 5–145 of this 28
subtitle. 29
SENATE BILL 387 3
(ii) The Secretary may lift a suspension under this paragraph after 1
the licensee provides evidence that the record keeping violation has been corrected. 2
(b) The Secretary shall revoke a dealer’s license if: 3
(1) it is discovered that false information has been supplied or false 4
statements have been made in an application required by this subtitle; or 5
(2) the licensee: 6
(i) is convicted of a disqualifying crime; 7
(ii) is convicted of a violation classified as a common law crime and 8
receives a term of imprisonment of more than 2 years; 9
(iii) is a fugitive from justice; 10
(iv) is a habitual drunkard; 11
(v) is addicted to a controlled dangerous substance or is a habitual 12
user; 13
(vi) has spent more than 30 consecutive days in a medical institution 14
for treatment of a mental disorder, unless the licensee produces a physician’s certificate, 15
issued after the last institutionalization and certifying that the licensee is capable of 16
possessing a regulated firearm without undue danger to the licensee or to another; 17
(vii) has knowingly or willfully manufactured, offered to sell, or sold 18
a handgun not on the handgun roster in violation of § 5–406 of this title; [or] 19
(viii) has knowingly or willfully participated in a straw purchase of a 20
regulated firearm; OR 21
(IX) IS CONVICTED OF A CR IME UNDER SUBTITLE 7 OF THIS 22
TITLE. 23
(c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall 24
notify the licensee in writing of the suspension or revocation. 25
(d) A person whose dealer’s license is suspended or revoked may not engage in 26
the business of selling, renting, or transferring regulated firearms, unless the suspension 27
or revocation has been subsequently withdrawn by the Secretary or overruled by a court in 28
accordance with § 5–116 of this subtitle. 29
SUBTITLE 7. UNTRACEABLE FIREARMS. 30
4 SENATE BILL 387
5–701. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “ANTIQUE FIREARM ” HAS THE MEANING STATED IN § 4–201 OF THE 4
CRIMINAL LAW ARTICLE. 5
(C) “FEDERALLY LICENSED FI REARMS DEALER ” MEANS A PERSON 6
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 7
EXPLOSIVES TO DEAL IN FIREARMS. 8
(D) “FEDERALLY LICENSED FI REARMS IMPORTER ” MEANS A PERSON 9
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 10
EXPLOSIVES TO IMPORT FIREARMS. 11
(E) “FEDERALLY LICENSED FI REARMS MANUFACTURER ” MEANS A PERSON 12
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 13
EXPLOSIVES TO MANUFACTURE FIREARMS . 14
(F) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 15
(G) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE OR THE 16
SECRETARY’S DESIGNEE. 17
(H) “UNFINISHED FRAME OR R ECEIVER” MEANS A FORGED , CAST, PRINTED, 18
EXTRUDED, OR MACHINED BODY OR SIM ILAR ARTICLE THAT : 19
(1) HAS REACHED A STAGE IN MANUFACTURE WHERE IT MAY READILY 20
BE COMPLETED , ASSEMBLED, OR CONVERTED TO BE U SED AS THE FRAME OR 21
RECEIVER OF A FUNCTI ONAL FIREARM ; OR 22
(2) IS MARKETED OR SOLD TO THE PUBLIC TO BEC OME OR BE USED 23
AS THE FRAME OR RECE IVER OF A FUNCTIONAL FIREARM ONCE COMPLET ED, 24
ASSEMBLED, OR CONVERTED . 25
5–702. 26
THIS SUBTITLE DOES NO T APPLY TO: 27
(1) A FIREARM THAT : 28
(I) WAS MANUFACTURED BEF ORE OCTOBER 22, 1968; OR 29
SENATE BILL 387 5
(II) IS AN ANTIQUE FIREAR M; 1
(2) A SALE, AN OFFER TO SELL , A TRANSFER, OR A DELIVERY OF A 2
FIREARM OR AN UNFINI SHED FRAME OR RECEIV ER TO, OR POSSESSION OF A 3
FIREARM OR UNFINISHE D FRAME OR RECEIVER BY: 4
(I) A FEDERALLY LICENSED FIREARMS DEALER ; 5
(II) A FEDERALLY LICENSED FIREARMS MANUFACTURE R; OR 6
(III) A FEDERALLY LICENSED FIREARMS IMPORTER ; OR 7
(3) A TRANSFER OR SURREN DER OF A FIREARM OR AN UNFINISHED 8
FRAME OR RECEIVER TO A LAW ENFORCEMENT AG ENCY. 9
5–703. 10
(A) (1) A PERSON MAY NOT PURCH ASE, RECEIVE, SELL, OFFER TO SELL, 11
OR TRANSFER AN UNFIN ISHED FRAME OR RECEI VER UNLESS IT IS REQ UIRED BY 12
FEDERAL LAW TO BE , AND HAS BEEN , IMPRINTED WITH A SER IAL NUMBER BY A 13
FEDERALLY LICENSED F IREARMS MANUFACTURER OR FEDERALLY LICENSE D 14
FIREARMS IMPORTER IN COMPLIANCE WITH ALL FED ERAL LAWS AND REGULA TIONS 15
APPLICABLE TO THE MA NUFACTURE AND IMPORT OF FIREARMS. 16
(2) EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION , A 17
PERSON MAY NOT SELL , OFFER TO SELL , OR TRANSFER A FIREAR M UNLESS IT IS 18
IMPRINTED WITH A SE RIAL NUMBER AS DESCR IBED UNDER SUBSECTIO N (B) OF THIS 19
SECTION. 20
(B) (1) THIS SUBSECTION DOES NOT APPLY TO POSSESS ION OF A 21
FIREARM UNLESS A PER SON KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT 22
THE FIREARM WAS NOT IMPRINTED WITH A SER IAL NUMBER AS DESCRI BED UNDER 23
THIS SUBSECTION . 24
(2) ON OR AFTER JANUARY MARCH 1, 2023, A PERSON MAY NOT 25
POSSESS A FIREARM UN LESS: 26
(1) (I) THE FIREARM IS REQUI RED BY FEDERAL LAW T O BE, AND 27
HAS BEEN, IMPRINTED BY A FEDER ALLY LICENSED FIREAR MS MANUFACTURER OR 28
FEDERALLY LICENSED FIREARMS IMPORTER WI TH A SERIAL NUMBER I N 29
COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE 30
MANUFACTURE AND IMPO RT OF FIREARMS ; OR 31
(2) (II) THE FIREARM: 32 6 SENATE BILL 387
1. HAS BEEN IMPRINTED B Y A FEDERALLY LICENS ED 1
FIREARMS DEALER , OR OTHER FEDER AL LICENSEE AUTHORIZ ED TO PROVIDE 2
MARKING SERVICES , WITH THE FIRST THREE AND LAST FIVE DIGITS OF THE 3
LICENSEE’S FEDERAL FIREARMS L ICENSE NUMBER , FOLLOWED BY A HYPHEN , AND 4
THEN FOLLOWED BY ANO THER NUMBER : 5
A. THE ZIP CODE OF THE CURRENT LEGAL OWNER OR 6
PERSON THAT MADE , COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; 7
B. THE INITIALS OF THE CURRENT LEGAL OWNER OR 8
PERSON THAT MADE , COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; AND 9
C. A NUMBER THAT DOES N OT MATCH A NUMBER US ED 10
BY THE CURRENT LEGAL OWNER ON ANOTHER FIR EARM OR BY THE PERSO N WHO 11
MADE, COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ON AN Y OTHER 12
FIREARM THAT THE PER SON HAS MADE , COMPLETED , OR INITIALLY ASSEMBL ED; 13
AND 14
2. HAS BEEN REGISTERED WITH THE SECRETARY. 15
(C) (1) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS 16
GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 5 17
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 18
(2) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS 19
GUILTY OF A MISDEMEA NOR AND SUBJECT TO IMPRISONMENT NOT EXCEEDING 2 20
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 21
(3) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 22
(D) A FEDERALLY LICENSED F IREARMS DEALER OR OT HER FEDERAL 23
LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES WHO IMPRI NTS A FIREARM 24
UNDER SUBSECTION (B)(2) (B)(2)(II) OF THIS SECTION SHAL L: 25
(1) IMPRINT THE FIREARM IN COMPLIANCE WITH A LL FEDERAL LAWS 26
AND REGULATIONS APPL ICABLE TO AFFIXING S ERIAL NUMBERS TO FIR EARMS, 27
INCLUDING: 28
(I) (1) MINIMUM SIZE AND DEP TH REQUIREMENTS ; AND 29
(II) (2) REQUIREMENTS THAT TH E NUMBERS NOT BE 30
READILY SUSCEPTIBLE TO BEING OBLITERATED , ALTERED, OR REMOVED ; AND. 31
SENATE BILL 387 7
(2) RETAIN RECORDS FOR A LL FIREARMS IMPRINTE D IN 1
ACCORDANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE 2
SALE OF A FIREARM . 3
5–704. 4
(A) A PERSON WHO MAKES , COMPLETES , OR INITIALLY ASSEMBL ES A 5
FIREARM, OR THE CURRENT LEGAL OWNER OF THE FIREARM , SHALL REGISTER THE 6
FIREARM WITH THE SECRETARY. 7
(B) THE SECRETARY SHALL MAINT AIN A SYSTEM TO REGI STER FIREARMS 8
IMPRINTED WITH SERIA L NUMBERS UNDER § 5–703(B)(2)(II) OF THIS SUBTITLE. 9
(C) REGISTRATION DATA PRO VIDED FOR REGISTRATI ON IS NOT OPEN TO 10
PUBLIC INSPECTION . 11
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 12
INFORMATION OR EVIDE NCE OBTAINED FROM A REGISTRATION APPLICATION OR 13
RECORDS REQUIRED TO BE SUBMITTED TO REGI STER A FIREARM UNDER THIS 14
SECTION MAY NOT BE U SED, DIRECTLY OR INDIRECT LY, AS EVIDENCE AGAINST THE 15
PERSON APPLYING TO R EGISTER THE FIREARM IN A CRIMINAL PROCEE DING FOR A 16
VIOLATION OF LAW THAT OCCURRED BEFORE OR AT THE TIM E THE PERSON APPLIED 17
TO REGISTER THE FIRE ARM OR PROVIDE RECOR DS REQUIRED TO REGIS TER THE 18
FIREARM. 19
(2) INFORMATION DESCRIBED IN PARAGRAPH (1) OF THIS 20
SUBSECTION MAY BE US ED AS EVIDENCE IN A PROSECUTION RELATING TO 21
PROVIDING FALSE INFO RMATION. 22
(E) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE 23
ANNUAL STATE BUDGET AN APPRO PRIATION OF AT LEAST $150,000 TO FUND 24
REGISTRATION ACTIVIT IES CONDUCTED BY THE SECRETARY UNDER THIS SECTION. 25
(A) A PERSON WHO VIOLATES THIS SUBTITLE IS GUI LTY OF A 26
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 27
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 28
(B) EACH VIOLATION OF THI S SUBTITLE IS A SEPA RATE CRIME. 29
5–705. 30
THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THE PRO VISIONS 31
OF THIS SUBTITLE. 32
8 SENATE BILL 387
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 1
the application thereof to any person or circumstance is held invalid for any reason in a 2
court of competent jurisdiction, the invalidity does not affect other provisions or any other 3
application of this Act that can be given effect without the invalid provision or application, 4
and for this purpose the provisions of this Act are declared severable. 5
SECTION 3. AND BE IT FURTHER ENACTE D, That this Act shall be construed in 6
a manner that is consistent with proposed federal rule 2021R–05, updating parts 447, 478, 7
and 479 of the Code of Federal Regulations, published in the Federal Register (Volume 86, 8
No. 97) on May 21, 2021. If the proposed federal rule is modified at the time of adoption, 9
this Act shall be construed in a manner that is consistent with those modifications. 10
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
June 1, 2022. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.