LAWRENCE J. HOGAN, JR., Governor Ch. 19
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Chapter 19
(Senate Bill 387)
AN ACT concerning
Public Safety – Untraceable Firearms
FOR the purpose of altering a certain definition of “firearm” to include a certain unfinished
frame or receiver; prohibiting a person from purchasing, receiving, selling, offering
to sell, or transferring an unfinished frame or receiver, or receiver; prohibiting a
person from selling, offering to sell, or transferring a certain firearm; prohibiting a
person from possessing a firearm on or after a certain date, unless it is required by
federal law to be, and has been, imprinted with a certain number in a certain
manner; requiring the Secretary of State Police to suspend a certain dealer’s license
if the dealer is charged with a certain crime; requiring the Secretary to revoke a
certain dealer’s license if the dealer is convicted of a certain crime; providing for a
system of registration of a certain firearm with the Secretary; requiring a certain
person to register a certain firearm; requiring the Governor to include a certain
appropriation in the annual State budget; and generally relating to firearms.
BY repealing and reenacting, without amendments,
Article – Public Safety
Section 5–101(a)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 5–101(h) and 5–114
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY adding to
Article – Public Safety
Section 5–701 through 5–705 5–706 to be under the new subtitle “Subtitle 7.
Untraceable Firearms”
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
5–101.
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(a) In this subtitle the following words have the meanings indicated.
(h) (1) “Firearm” means:
(i) a weapon that expels, is designed to expel, or may readily be
converted to expel a projectile by the action of an explosive; [or]
(ii) the frame or receiver of such a weapon; OR
(III) AN UNFINISHED FRAME OR RECEIVER , AS DEFINED IN §
5–701 OF THIS TITLE.
(2) “Firearm” includes a starter gun.
5–114.
(a) (1) The Secretary shall suspend a dealer’s license if the licensee:
(i) is under indictment for a crime of violence; [or]
(ii) is arrested for a violation of this subtitle that prohibits the
purchase or possession of a regulated firearm; OR
(III) IS CHARGED WITH A CR IME UNDER SUBTITLE 7 OF THIS
TITLE.
(2) (i) The Secretary may suspend a dealer’s license if the licensee is
not in compliance with the record keeping and reporting requirements of § 5–145 of this
subtitle.
(ii) The Secretary may lift a suspension under this paragraph after
the licensee provides evidence that the record keeping violation has been corrected.
(b) The Secretary shall revoke a dealer’s license if:
(1) it is discovered that false information has been supplied or false
statements have been made in an application required by this subtitle; or
(2) the licensee:
(i) is convicted of a disqualifying crime;
(ii) is convicted of a violation classified as a common law crime and
receives a term of imprisonment of more than 2 years;
LAWRENCE J. HOGAN, JR., Governor Ch. 19
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(iii) is a fugitive from justice;
(iv) is a habitual drunkard;
(v) is addicted to a controlled dangerous substance or is a habitual
user;
(vi) has spent more than 30 consecutive days in a medical institution
for treatment of a mental disorder, unless the licensee produces a physician’s certificate,
issued after the last institutionalization and certifying that the licensee is capable of
possessing a regulated firearm without undue danger to the licensee or to another;
(vii) has knowingly or willfully manufactured, offered to sell, or sold
a handgun not on the handgun roster in violation of § 5–406 of this title; [or]
(viii) has knowingly or willfully participated in a straw purchase of a
regulated firearm; OR
(IX) IS CONVICTED OF A CR IME UNDER SUBTITLE 7 OF THIS
TITLE.
(c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall
notify the licensee in writing of the suspension or revocation.
(d) A person whose dealer’s license is suspended or revoked may not engage in
the business of selling, renting, or transferring regulated firearms, unless the suspension
or revocation has been subsequently withdrawn by the Secretary or overruled by a court in
accordance with § 5–116 of this subtitle.
SUBTITLE 7. UNTRACEABLE FIREARMS.
5–701.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “ANTIQUE FIREARM ” HAS THE MEANING STAT ED IN § 4–201 OF THE
CRIMINAL LAW ARTICLE.
(C) “FEDERALLY LICENSED FI REARMS DEALER ” MEANS A PERSON
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES TO DEAL IN FIREARMS.
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(D) “FEDERALLY LI CENSED FIREARMS IMPO RTER” MEANS A PERSON
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES TO IMPORT FIREARMS.
(E) “FEDERALLY LICENSED FI REARMS MANUFACTURER ” MEANS A PERSON
LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES TO MANUFAC TURE FIREARMS .
(F) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE.
(G) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE OR THE
SECRETARY’S DESIGNEE.
(H) “UNFINISHED FRAME OR R ECEIVER” MEANS A FORGED , CAST, PRINTED,
EXTRUDED, OR MACHINED BODY OR SIMILAR ARTICLE THAT :
(1) HAS REACHED A STAGE IN MANUFACTURE WHERE IT MAY READILY
BE COMPLETED , ASSEMBLED, OR CONVERTED TO BE U SED AS THE FRAME OR
RECEIVER OF A FUNCTI ONAL FIREARM ; OR
(2) IS MARKETED OR SOLD TO THE PUBLIC TO BECOME OR BE USED
AS THE FRAME OR RECE IVER OF A FUNCTIONAL FIREARM ONCE COMPLET ED,
ASSEMBLED, OR CONVERTED .
5–702.
THIS SUBTITLE DOES NO T APPLY TO:
(1) A FIREARM THAT :
(I) WAS MANUFACTURED BEF ORE OCTOBER 22, 1968; OR
(II) IS AN ANTIQUE FIREARM ;
(2) A SALE, AN OFFER TO SELL , A TRANSFER, OR A DELIVERY OF A
FIREARM OR AN UNFINI SHED FRAME OR RECEIV ER TO, OR POSSESSION OF A
FIREARM OR UNFINISHE D FRAME OR RECEIVER BY:
(I) A FEDERALLY LICENSED FIREARMS DEALER ;
(II) A FEDERALLY LICENSED FIREARMS MANUFACTURER ; OR
(III) A FEDERALLY LICENSED FIREARMS IMPORTER ; OR
LAWRENCE J. HOGAN, JR., Governor Ch. 19
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(3) A TRANSFER OR SURREN DER OF A FIREARM OR AN UNFINISHED
FRAME OR RECEIVER TO A LAW ENFORCEMENT AG ENCY.
5–703.
(A) (1) A PERSON MAY NOT PURCH ASE, RECEIVE, SELL, OFFER TO SELL,
OR TRANSFER AN UNFIN ISHED FRAME OR RECEI VER UNLESS IT IS REQ UIRED BY
FEDERAL LAW TO BE , AND HAS BEEN , IMPRINTED WITH A SER IAL NUMBER BY A
FEDERALLY LICENSED F IREARMS MANUFACTURER OR FEDERALLY LICENSE D
FIREARMS IMPORTER IN COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS
APPLICABLE TO THE MA NUFACTURE AND IMPORT OF FIREARMS.
(2) EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION , A
PERSON MAY NOT SELL , OFFER TO SELL , OR TRANSFER A FIREAR M UNLESS IT IS
IMPRINTED WITH A SER IAL NUMBER AS DESCRI BED UNDER SUBSECTION (B) OF THIS
SECTION.
(B) (1) THIS SUBSECTION DOES NOT APPLY TO:
(I) POSSESSION OF A FIRE ARM UNLESS A PERSON KNEW OR
REASONABLY SHOULD HA VE KNOWN THAT THE FI REARM WAS NOT IMPRIN TED WITH
A SERIAL NUMBER AS D ESCRIBED UNDER THIS SUBSECTION;
(II) POSSESSION OF A FIRE ARM THAT DOES NOT CO MPLY WITH
THE MARKING REQUIREM ENTS DESCRIBED UNDER THIS SUBSECTION BY A PERSON
WHO RECEIVED THE FIR EARM THROUGH INHERIT ANCE, AND IS NOT OTHERWISE
PROHIBITED FROM POSSESSI NG THE FIREARM , FOR A PERIOD NOT EXC EEDING 30
DAYS AFTER INHERITIN G THE FIREARM ; OR
(III) POSSESSION OF AN UNF INISHED FRAME OR REC EIVER BY A
PERSON THAT MADE OR MANUFACTURED THE UNF INISHED FRAME OR REC EIVER,
WITHOUT THE USE OF A NY PREFABRICATED PARTS , AND WHO IS NOT OTHER WISE
PROHIBITED FROM POSS ESSING THE UNFINISHE D FRAME OR RECEIVER , FOR A
PERIOD NOT EXCEEDING 30 DAYS AFTER THE PERSO N MADE OR MANUFACTUR ED
THE UNFINISHED FRAME OR RECEIVER.
(2) ON OR AFTER JANUARY MARCH 1, 2023, A PERSON MAY NOT
POSSESS A FIREARM UN LESS:
(1) (I) THE FIREARM IS REQUI RED BY FEDERAL LAW T O BE, AND
HAS BEEN, IMPRINTED BY A FEDER ALLY LICENSED FIREAR MS MANUFACTURER , OR
FEDERALLY LICENSED F IREARMS IMPORTER , OR OTHER FEDERAL LIC ENSEE
AUTHORIZED TO PROV IDE MARKING SERVICES , WITH A SERIAL NUMBER IN Ch. 19 2022 LAWS OF MARYLAND
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COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE
MANUFACTURE AND IMPO RT OF FIREARMS ; OR
(2) (II) THE FIREARM:
1. HAS BEEN IMPRINTED B Y A FEDERALLY LICENS ED
FIREARMS DEALER , FEDERAL FIREARMS MANUFACTURE R, OR OTHER FEDERAL
LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES, WITH THE FIRST THREE
AND LAST FIVE DIGITS OF THE LICENSEE’S FEDERAL FIREARMS L ICENSE NUMBER ,
FOLLOWED BY A HYPHEN , AND THEN FOLLOWED BY ANO THER NUMBER :
A. THE ZIP CODE OF THE CURRENT LEGAL OWNER OR
PERSON THAT MADE , COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ;
B. THE INITIALS OF THE CURRENT LEGAL OWNER OR
PERSON THAT MADE , COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; AND
C. A NUMBER THAT DOES N OT MATCH A NUMBER US ED
BY THE CURRENT LEGAL OWNER ON ANOTHER FIR EARM OR BY THE PERSO N WHO
MADE, COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ON AN Y OTHER
FIREARM THAT THE PER SON HAS MADE , COMPLETED , OR INITIALLY ASSEMBL ED;
AND
2. HAS BEEN REGISTERED WITH THE SECRETARY.
(C) (1) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS
GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 5
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.
(2) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS
GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 2
YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.
(3) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME.
(D) A FEDERALLY LICENSED F IREARMS DEALER OR OT HER FEDERAL
LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES WHO IMPRINTS A FIREARM
UNDER SUBSECTION (B)(2) (B)(2)(II) OF THIS SECTION SHAL L:
(1) IMPRINT THE FIREARM IN COMPLIANCE WITH A LL FEDERAL LAWS
AND REGUL ATIONS APPLICABLE TO AFFIXING SERIAL NUMB ERS TO FIREARMS ,
INCLUDING:
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(I) (1) MINIMUM SIZE AND DEP TH REQUIREMENTS ; AND
(II) (2) REQUIREMENTS THAT TH E NUMBERS NOT BE
READILY SUSCEPTIBLE TO BEING OBLITERATED , ALTERED, OR REMOVED ; AND.
(2) RETAIN RECORDS FOR ALL FIRE ARMS IMPRINTED IN
ACCORDANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE
SALE OF A FIREARM .
5–704.
(A) A PERSON WHO MAKES , COMPLETES , OR INITIALLY ASSEMBL ES A
FIREARM, OR THE CURRENT LEGAL OWNER OF THE FIREARM , SHALL REGISTER THE
FIREARM WITH THE SECRETARY.
(B) THE SECRETARY SHALL MAINT AIN A SYSTEM TO REGI STER FIREARMS
IMPRINTED WITH SERIA L NUMBERS UNDER § 5–703(B)(2)(II) OF THIS SUBTITLE.
(C) (B) REGISTRATION DATA PRO VIDED FOR REGISTRATI ON IS NOT OPEN
TO PUBLIC INSPECTION.
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
INFORMATION OR EVIDE NCE OBTAINED FROM A REGISTRATION APPLICA TION OR
RECORDS REQUIRED TO BE SUBMITTED TO REGI STER A FIREARM UNDER THIS
SECTION MAY NOT BE U SED, DIRECTLY OR INDIREC TLY, AS EVIDENCE AGAINST THE
PERSON APPLYING TO R EGISTER THE FIREARM IN A CRIMINAL PROCEE DING FOR A
VIOLATION OF LAW THA T OCCURRED BEFORE OR AT THE TIME THE PERS ON APPLIED
TO REGISTER THE FIRE ARM OR PROVIDE RECOR DS REQUIRED TO REGIS TER THE
FIREARM.
(2) INFORMATION DESCRIBED IN PARAGRAPH (1) OF THIS
SUBSECTION MAY BE US ED AS EVIDENCE IN A PROSECUTION RELATING TO
PROVIDING FALSE INFO RMATION.
(E) (C) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE
ANNUAL STATE BUDGET AN APPRO PRIATION OF AT LEAST $150,000 TO FUND
REGISTRATION ACTIVIT IES CONDUCTED BY THE SECRETARY UNDER THIS SECTION.
(A) A PERSON WHO VIOLATES THIS SUBTITLE IS GUI LTY OF A
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.
(B) EACH VIOLATION OF THI S SUBTITLE IS A SEPA RATE CRIME.
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5–705.
THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THE PROVISIONS
OF THIS SUBTITLE.
5–706.
NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED IN A MANNER THAT
ABRIDGES OR OTHERWIS E LIMITS A PERSON ’S RIGHT AGAINST
SELF–INCRIMINATION UNDER THE UNITED STATES CONSTITUTION OR THE
MARYLAND DECLARATION OF RIGHTS.
SECTION 2. AND BE IT FURTHER ENACTED, That, i f any provision of this Act or
the application thereof to any person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not affect other provisions or any other
application of this Act that can be given effect without the invalid provision or application,
and for this purpose the provisions of this Act are declared severable.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed in
a manner that is consistent with proposed federal rule 2021R–05, updating parts 447, 478,
and 479 of the Code of Federal Regulations, published in the Federal Register (Volume 86,
No. 97) on May 21, 2021. If the proposed federal rule is modified at the time of adoption,
this Act shall be construed in a manner that is consistent with those modifications.
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2022.
Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.