MD
Maryland Senate Bill SB387

Maryland 2022 Regular Session

Maryland Senate Bill SB387 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 19
21
3-– 1 –
4-Chapter 19
5-(Senate Bill 387)
62
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+ *sb0387*
89
9-Public Safety – Untraceable Firearms
10+SENATE BILL 387
11+E4 2lr1538
12+ CF HB 425
13+By: The President (By Request – Office of the Attorney General) and Senator Lee
14+Introduced and read first time: January 24, 2022
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 1, 2022
1019
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 a certain
21-person to register a certain firearm; requiring the Governor to include a certain
22-appropriation in the annual State budget; and generally relating to firearms.
20+CHAPTER ______
2321
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)
22+AN ACT concerning 1
2923
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)
24+Public Safety – Untraceable Firearms 2
3525
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)
26+FOR the purpose of altering a certain definition of “firearm” to include a certain unfinished 3
27+frame or receiver; prohibiting a person from purchasing, receiving, selling, offering 4
28+to sell, or transferring an unfinished frame or receiver, or receiver; prohibiting a 5
29+person from selling, offering to sell, or transferring a certain firearm; prohibiting a 6
30+person from possessing a firearm on or after a certain date, unless it is required by 7
31+federal law to be, and has been, imprinted with a certain number in a certain 8
32+manner; requiring the Secretary of State Police to suspend a certain dealer’s license 9
33+if the dealer is charged with a certain crime; requiring the Secretary to revoke a 10
34+certain dealer’s license if the dealer is convicted of a certain crime; providing for a 11
35+system of registration of a certain firearm with the Secretary; requiring a certain 12
36+person to register a certain firearm; requiring the Governor to include a certain 13
37+appropriation in the annual State budget; and generally relating to firearms. 14
4238
43- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
44-That the Laws of Maryland read as follows:
39+BY repealing and reenacting, without amendments, 15
40+ Article – Public Safety 16
41+ Section 5–101(a) 17
42+ Annotated Code of Maryland 18
43+ (2018 Replacement Volume and 2021 Supplement) 19
4544
46-Article – Public Safety
45+BY repealing and reenacting, with amendments, 20
46+ Article – Public Safety 21
47+Section 5–101(h) and 5–114 22
48+Annotated Code of Maryland 23 2 SENATE BILL 387
4749
48-5–101.
49- Ch. 19 2022 LAWS OF MARYLAND
5050
51-– 2 –
52- (a) In this subtitle the following words have the meanings indicated.
51+ (2018 Replacement Volume and 2021 Supplement) 1
5352
54- (h) (1) “Firearm” means:
53+BY adding to 2
54+ Article – Public Safety 3
55+Section 5–701 through 5–705 to be under the new subtitle “Subtitle 7. Untraceable 4
56+Firearms” 5
57+ Annotated Code of Maryland 6
58+ (2018 Replacement Volume and 2021 Supplement) 7
5559
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]
60+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61+That the Laws of Maryland read as follows: 9
5862
59- (ii) the frame or receiver of such a weapon; OR
63+Article – Public Safety 10
6064
61- (III) AN UNFINISHED FRAME OR RECEIVER , AS DEFINED IN §
62-5–701 OF THIS TITLE.
65+5–101. 11
6366
64- (2) “Firearm” includes a starter gun.
67+ (a) In this subtitle the following words have the meanings indicated. 12
6568
66-5–114.
69+ (h) (1) “Firearm” means: 13
6770
68- (a) (1) The Secretary shall suspend a dealer’s license if the licensee:
71+ (i) a weapon that expels, is designed to expel, or may readily be 14
72+converted to expel a projectile by the action of an explosive; [or] 15
6973
70- (i) is under indictment for a crime of violence; [or]
74+ (ii) the frame or receiver of such a weapon; OR 16
7175
72- (ii) is arrested for a violation of this subtitle that prohibits the
73-purchase or possession of a regulated firearm; OR
76+ (III) AN UNFINISHED FRAME OR RECEIVER , AS DEFINED IN § 17
77+5–701 OF THIS TITLE. 18
7478
75- (III) IS CHARGED WITH A CR IME UNDER SUBTITLE 7 OF THIS
76-TITLE.
79+ (2) “Firearm” includes a starter gun. 19
7780
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+5–114. 20
8182
82- (ii) The Secretary may lift a suspension under this paragraph after
83-the licensee provides evidence that the record keeping violation has been corrected.
83+ (a) (1) The Secretary shall suspend a dealer’s license if the licensee: 21
8484
85- (b) The Secretary shall revoke a dealer’s license if:
85+ (i) is under indictment for a crime of violence; [or] 22
8686
87- (1) it is discovered that false information has been supplied or false
88-statements have been made in an application required by this subtitle; or
87+ (ii) is arrested for a violation of this subtitle that prohibits the 23
88+purchase or possession of a regulated firearm; OR 24
8989
90- (2) the licensee:
90+ (III) IS CHARGED WITH A CR IME UNDER SUBTITLE 7 OF THIS 25
91+TITLE. 26
9192
92- (i) is convicted of a disqualifying crime;
93+ (2) (i) The Secretary may suspend a dealer’s license if the licensee is 27
94+not in compliance with the record keeping and reporting requirements of § 5–145 of this 28
95+subtitle. 29
96+ SENATE BILL 387 3
9397
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. 19
9798
98-– 3 –
99- (iii) is a fugitive from justice;
99+ (ii) The Secretary may lift a suspension under this paragraph after 1
100+the licensee provides evidence that the record keeping violation has been corrected. 2
100101
101- (iv) is a habitual drunkard;
102+ (b) The Secretary shall revoke a dealer’s license if: 3
102103
103- (v) is addicted to a controlled dangerous substance or is a habitual
104-user;
104+ (1) it is discovered that false information has been supplied or false 4
105+statements have been made in an application required by this subtitle; or 5
105106
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;
107+ (2) the licensee: 6
110108
111- (vii) has knowingly or willfully manufactured, offered to sell, or sold
112-a handgun not on the handgun roster in violation of § 5–406 of this title; [or]
109+ (i) is convicted of a disqualifying crime; 7
113110
114- (viii) has knowingly or willfully participated in a straw purchase of a
115-regulated firearm; OR
111+ (ii) is convicted of a violation classified as a common law crime and 8
112+receives a term of imprisonment of more than 2 years; 9
116113
117- (IX) IS CONVICTED OF A CR IME UNDER SUBTITLE 7 OF THIS
118-TITLE.
114+ (iii) is a fugitive from justice; 10
119115
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.
116+ (iv) is a habitual drunkard; 11
122117
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.
118+ (v) is addicted to a controlled dangerous substance or is a habitual 12
119+user; 13
127120
128-SUBTITLE 7. UNTRACEABLE FIREARMS.
121+ (vi) has spent more than 30 consecutive days in a medical institution 14
122+for treatment of a mental disorder, unless the licensee produces a physician’s certificate, 15
123+issued after the last institutionalization and certifying that the licensee is capable of 16
124+possessing a regulated firearm without undue danger to the licensee or to another; 17
129125
130-5–701.
126+ (vii) has knowingly or willfully manufactured, offered to sell, or sold 18
127+a handgun not on the handgun roster in violation of § 5–406 of this title; [or] 19
131128
132- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
133-INDICATED.
129+ (viii) has knowingly or willfully participated in a straw purchase of a 20
130+regulated firearm; OR 21
134131
135- (B) “ANTIQUE FIREARM ” HAS THE MEANING STAT ED IN § 4–201 OF THE
136-CRIMINAL LAW ARTICLE.
132+ (IX) IS CONVICTED OF A CR IME UNDER SUBTITLE 7 OF THIS 22
133+TITLE. 23
137134
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. 19 2022 LAWS OF MARYLAND
135+ (c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall 24
136+notify the licensee in writing of the suspension or revocation. 25
142137
143-– 4 –
144- (D) “FEDERALLY LI CENSED FIREARMS IMPO RTER” MEANS A PERSON
145-LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
146-EXPLOSIVES TO IMPORT FIREARMS.
138+ (d) A person whose dealer’s license is suspended or revoked may not engage in 26
139+the business of selling, renting, or transferring regulated firearms, unless the suspension 27
140+or revocation has been subsequently withdrawn by the Secretary or overruled by a court in 28
141+accordance with § 5–116 of this subtitle. 29
147142
148- (E) “FEDERALLY LICENSED FI REARMS MANUFACTURER ” MEANS A PERSON
149-LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
150-EXPLOSIVES TO MANUFAC TURE FIREARMS .
143+SUBTITLE 7. UNTRACEABLE FIREARMS. 30
144+ 4 SENATE BILL 387
151145
152- (F) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE.
153146
154- (G) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE OR THE
155-SECRETARY’S DESIGNEE.
147+5–701. 1
156148
157- (H) “UNFINISHED FRAME OR R ECEIVER” MEANS A FORGED , CAST, PRINTED,
158-EXTRUDED, OR MACHINED BODY OR SIMILAR ARTICLE THAT :
149+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
150+INDICATED. 3
159151
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
152+ (B) “ANTIQUE FIREARM ” HAS THE MEANING STATED IN § 4–201 OF THE 4
153+CRIMINAL LAW ARTICLE. 5
163154
164- (2) IS MARKETED OR SOLD TO THE PUBLIC TO BECOME OR BE USED
165-AS THE FRAME OR RECE IVER OF A FUNCTIONAL FIREARM ONCE COMPLET ED,
166-ASSEMBLED, OR CONVERTED .
155+ (C) “FEDERALLY LICENSED FI REARMS DEALER ” MEANS A PERSON 6
156+LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 7
157+EXPLOSIVES TO DEAL IN FIREARMS. 8
167158
168-5–702.
159+ (D) “FEDERALLY LICENSED FI REARMS IMPORTER ” MEANS A PERSON 9
160+LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 10
161+EXPLOSIVES TO IMPORT FIREARMS. 11
169162
170- THIS SUBTITLE DOES NO T APPLY TO:
163+ (E) “FEDERALLY LICENSED FI REARMS MANUFACTURER ” MEANS A PERSON 12
164+LICENSED BY THE FEDE RAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 13
165+EXPLOSIVES TO MANUFACTURE FIREARMS . 14
171166
172- (1) A FIREARM THAT :
167+ (F) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 15
173168
174- (I) WAS MANUFACTURED BEF ORE OCTOBER 22, 1968; OR
169+ (G) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE OR THE 16
170+SECRETARY’S DESIGNEE. 17
175171
176- (II) IS AN ANTIQUE FIREARM ;
172+ (H) “UNFINISHED FRAME OR R ECEIVER” MEANS A FORGED , CAST, PRINTED, 18
173+EXTRUDED, OR MACHINED BODY OR SIM ILAR ARTICLE THAT : 19
177174
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:
175+ (1) HAS REACHED A STAGE IN MANUFACTURE WHERE IT MAY READILY 20
176+BE COMPLETED , ASSEMBLED, OR CONVERTED TO BE U SED AS THE FRAME OR 21
177+RECEIVER OF A FUNCTI ONAL FIREARM ; OR 22
181178
182- (I) A FEDERALLY LICENSED FIREARMS DEALER ;
179+ (2) IS MARKETED OR SOLD TO THE PUBLIC TO BEC OME OR BE USED 23
180+AS THE FRAME OR RECE IVER OF A FUNCTIONAL FIREARM ONCE COMPLET ED, 24
181+ASSEMBLED, OR CONVERTED . 25
183182
184- (II) A FEDERALLY LICENSED FIREARMS MANUFACTURER ; OR
183+5–702. 26
185184
186- (III) A FEDERALLY LICENSED FIREARMS IMPORTER ; OR
187- LAWRENCE J. HOGAN, JR., Governor Ch. 19
185+ THIS SUBTITLE DOES NO T APPLY TO: 27
188186
189-– 5 –
190- (3) A TRANSFER OR SURREN DER OF A FIREARM OR AN UNFINISHED
191-FRAME OR RECEIVER TO A LAW ENFORCEMENT AG ENCY.
187+ (1) A FIREARM THAT : 28
192188
193-5–703.
189+ (I) WAS MANUFACTURED BEF ORE OCTOBER 22, 1968; OR 29
190+ SENATE BILL 387 5
194191
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.
201192
202- (2) EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION , A
203-PERSON MAY NOT SELL , OFFER TO SELL , OR TRANSFER A FIREAR M UNLESS IT IS
204-IMPRINTED WITH A SER IAL NUMBER AS DESCRI BED UNDER SUBSECTION (B) OF THIS
205-SECTION.
193+ (II) IS AN ANTIQUE FIREAR M; 1
206194
207- (B) (1) THIS SUBSECTION DOES NOT APPLY TO:
195+ (2) A SALE, AN OFFER TO SELL , A TRANSFER, OR A DELIVERY OF A 2
196+FIREARM OR AN UNFINI SHED FRAME OR RECEIV ER TO, OR POSSESSION OF A 3
197+FIREARM OR UNFINISHE D FRAME OR RECEIVER BY: 4
208198
209- (I) POSSESSION OF A FIRE ARM UNLESS A PERSON KNEW OR
210-REASONABLY SHOULD HA VE KNOWN THAT THE FI REARM WAS NOT IMPRIN TED WITH
211-A SERIAL NUMBER AS D ESCRIBED UNDER THIS SUBSECTION;
199+ (I) A FEDERALLY LICENSED FIREARMS DEALER ; 5
212200
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 POSSESSI NG THE FIREARM , FOR A PERIOD NOT EXC EEDING 30
217-DAYS AFTER INHERITIN G THE FIREARM ; OR
201+ (II) A FEDERALLY LICENSED FIREARMS MANUFACTURE R; OR 6
218202
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 A NY PREFABRICATED PARTS , 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
224-THE UNFINISHED FRAME OR RECEIVER.
203+ (III) A FEDERALLY LICENSED FIREARMS IMPORTER ; OR 7
225204
226- (2) ON OR AFTER JANUARY MARCH 1, 2023, A PERSON MAY NOT
227-POSSESS A FIREARM UN LESS:
205+ (3) A TRANSFER OR SURREN DER OF A FIREARM OR AN UNFINISHED 8
206+FRAME OR RECEIVER TO A LAW ENFORCEMENT AG ENCY. 9
228207
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 , OR OTHER FEDERAL LIC ENSEE
232-AUTHORIZED TO PROV IDE MARKING SERVICES , WITH A SERIAL NUMBER IN Ch. 19 2022 LAWS OF MARYLAND
208+5–703. 10
233209
234-– 6 –
235-COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE
236-MANUFACTURE AND IMPO RT OF FIREARMS ; OR
210+ (A) (1) A PERSON MAY NOT PURCH ASE, RECEIVE, SELL, OFFER TO SELL, 11
211+OR TRANSFER AN UNFIN ISHED FRAME OR RECEI VER UNLESS IT IS REQ UIRED BY 12
212+FEDERAL LAW TO BE , AND HAS BEEN , IMPRINTED WITH A SER IAL NUMBER BY A 13
213+FEDERALLY LICENSED F IREARMS MANUFACTURER OR FEDERALLY LICENSE D 14
214+FIREARMS IMPORTER IN COMPLIANCE WITH ALL FED ERAL LAWS AND REGULA TIONS 15
215+APPLICABLE TO THE MA NUFACTURE AND IMPORT OF FIREARMS. 16
237216
238- (2) (II) THE FIREARM:
217+ (2) EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION , A 17
218+PERSON MAY NOT SELL , OFFER TO SELL , OR TRANSFER A FIREAR M UNLESS IT IS 18
219+IMPRINTED WITH A SE RIAL NUMBER AS DESCR IBED UNDER SUBSECTIO N (B) OF THIS 19
220+SECTION. 20
239221
240- 1. HAS BEEN IMPRINTED B Y A FEDERALLY LICENS ED
241-FIREARMS DEALER , FEDERAL FIREARMS MANUFACTURE R, OR OTHER FEDERAL
242-LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES, WITH THE FIRST THREE
243-AND LAST FIVE DIGITS OF THE LICENSEE’S FEDERAL FIREARMS L ICENSE NUMBER ,
244-FOLLOWED BY A HYPHEN , AND THEN FOLLOWED BY ANO THER NUMBER :
222+ (B) (1) THIS SUBSECTION DOES NOT APPLY TO POSSESS ION OF A 21
223+FIREARM UNLESS A PER SON KNEW OR REASONAB LY SHOULD HAVE KNOWN THAT 22
224+THE FIREARM WAS NOT IMPRINTED WITH A SER IAL NUMBER AS DESCRI BED UNDER 23
225+THIS SUBSECTION . 24
245226
246- A. THE ZIP CODE OF THE CURRENT LEGAL OWNER OR
247-PERSON THAT MADE , COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ;
227+ (2) ON OR AFTER JANUARY MARCH 1, 2023, A PERSON MAY NOT 25
228+POSSESS A FIREARM UN LESS: 26
248229
249- B. THE INITIALS OF THE CURRENT LEGAL OWNER OR
250-PERSON THAT MADE , COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; AND
230+ (1) (I) THE FIREARM IS REQUI RED BY FEDERAL LAW T O BE, AND 27
231+HAS BEEN, IMPRINTED BY A FEDER ALLY LICENSED FIREAR MS MANUFACTURER OR 28
232+FEDERALLY LICENSED FIREARMS IMPORTER WI TH A SERIAL NUMBER I N 29
233+COMPLIANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE 30
234+MANUFACTURE AND IMPO RT OF FIREARMS ; OR 31
251235
252- C. A NUMBER THAT DOES N OT MATCH A NUMBER US ED
253-BY THE CURRENT LEGAL OWNER ON ANOTHER FIR EARM OR BY THE PERSO N WHO
254-MADE, COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ON AN Y OTHER
255-FIREARM THAT THE PER SON HAS MADE , COMPLETED , OR INITIALLY ASSEMBL ED;
256-AND
236+ (2) (II) THE FIREARM: 32 6 SENATE BILL 387
257237
258- 2. HAS BEEN REGISTERED WITH THE SECRETARY.
259238
260- (C) (1) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS
261-GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 5
262-YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.
263239
264- (2) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS
265-GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 2
266-YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.
240+ 1. HAS BEEN IMPRINTED B Y A FEDERALLY LICENS ED 1
241+FIREARMS DEALER , OR OTHER FEDER AL LICENSEE AUTHORIZ ED TO PROVIDE 2
242+MARKING SERVICES , WITH THE FIRST THREE AND LAST FIVE DIGITS OF THE 3
243+LICENSEE’S FEDERAL FIREARMS L ICENSE NUMBER , FOLLOWED BY A HYPHEN , AND 4
244+THEN FOLLOWED BY ANO THER NUMBER : 5
267245
268- (3) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME.
246+ A. THE ZIP CODE OF THE CURRENT LEGAL OWNER OR 6
247+PERSON THAT MADE , COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; 7
269248
270- (D) A FEDERALLY LICENSED F IREARMS DEALER OR OT HER FEDERAL
271-LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES WHO IMPRINTS A FIREARM
272-UNDER SUBSECTION (B)(2) (B)(2)(II) OF THIS SECTION SHAL L:
249+ B. THE INITIALS OF THE CURRENT LEGAL OWNER OR 8
250+PERSON THAT MADE , COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ; AND 9
273251
274- (1) IMPRINT THE FIREARM IN COMPLIANCE WITH A LL FEDERAL LAWS
275-AND REGUL ATIONS APPLICABLE TO AFFIXING SERIAL NUMB ERS TO FIREARMS ,
276-INCLUDING:
277- LAWRENCE J. HOGAN, JR., Governor Ch. 19
252+ C. A NUMBER THAT DOES N OT MATCH A NUMBER US ED 10
253+BY THE CURRENT LEGAL OWNER ON ANOTHER FIR EARM OR BY THE PERSO N WHO 11
254+MADE, COMPLETED , OR INITIALLY ASSEMBL ED THE FIREARM ON AN Y OTHER 12
255+FIREARM THAT THE PER SON HAS MADE , COMPLETED , OR INITIALLY ASSEMBL ED; 13
256+AND 14
278257
279-– 7 –
280- (I) (1) MINIMUM SIZE AND DEP TH REQUIREMENTS ; AND
258+ 2. HAS BEEN REGISTERED WITH THE SECRETARY. 15
281259
282- (II) (2) REQUIREMENTS THAT TH E NUMBERS NOT BE
283-READILY SUSCEPTIBLE TO BEING OBLITERATED , ALTERED, OR REMOVED ; AND.
260+ (C) (1) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS 16
261+GUILTY OF A MISDEMEA NOR AND SUBJECT TO I MPRISONMENT NOT EXCE EDING 5 17
262+YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 18
284263
285- (2) RETAIN RECORDS FOR ALL FIRE ARMS IMPRINTED IN
286-ACCORDANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE
287-SALE OF A FIREARM .
264+ (2) A PERSON WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS 19
265+GUILTY OF A MISDEMEA NOR AND SUBJECT TO IMPRISONMENT NOT EXCEEDING 2 20
266+YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 21
288267
289-5–704.
268+ (3) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 22
290269
291- (A) A PERSON WHO MAKES , COMPLETES , OR INITIALLY ASSEMBL ES A
292-FIREARM, OR THE CURRENT LEGAL OWNER OF THE FIREARM , SHALL REGISTER THE
293-FIREARM WITH THE SECRETARY.
270+ (D) A FEDERALLY LICENSED F IREARMS DEALER OR OT HER FEDERAL 23
271+LICENSEE AUTHORIZED TO PROVIDE MARKING S ERVICES WHO IMPRI NTS A FIREARM 24
272+UNDER SUBSECTION (B)(2) (B)(2)(II) OF THIS SECTION SHAL L: 25
294273
295- (B) THE SECRETARY SHALL MAINT AIN A SYSTEM TO REGI STER FIREARMS
296-IMPRINTED WITH SERIA L NUMBERS UNDER § 5–703(B)(2)(II) OF THIS SUBTITLE.
274+ (1) IMPRINT THE FIREARM IN COMPLIANCE WITH A LL FEDERAL LAWS 26
275+AND REGULATIONS APPL ICABLE TO AFFIXING S ERIAL NUMBERS TO FIR EARMS, 27
276+INCLUDING: 28
297277
298- (C) (B) REGISTRATION DATA PRO VIDED FOR REGISTRATI ON IS NOT OPEN
299-TO PUBLIC INSPECTION.
278+ (I) (1) MINIMUM SIZE AND DEP TH REQUIREMENTS ; AND 29
300279
301- (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
302-INFORMATION OR EVIDE NCE OBTAINED FROM A REGISTRATION APPLICA TION OR
303-RECORDS REQUIRED TO BE SUBMITTED TO REGI STER A FIREARM UNDER THIS
304-SECTION MAY NOT BE U SED, DIRECTLY OR INDIREC TLY, AS EVIDENCE AGAINST THE
305-PERSON APPLYING TO R EGISTER THE FIREARM IN A CRIMINAL PROCEE DING FOR A
306-VIOLATION OF LAW THA T OCCURRED BEFORE OR AT THE TIME THE PERS ON APPLIED
307-TO REGISTER THE FIRE ARM OR PROVIDE RECOR DS REQUIRED TO REGIS TER THE
308-FIREARM.
280+ (II) (2) REQUIREMENTS THAT TH E NUMBERS NOT BE 30
281+READILY SUSCEPTIBLE TO BEING OBLITERATED , ALTERED, OR REMOVED ; AND. 31
282+ SENATE BILL 387 7
309283
310- (2) INFORMATION DESCRIBED IN PARAGRAPH (1) OF THIS
311-SUBSECTION MAY BE US ED AS EVIDENCE IN A PROSECUTION RELATING TO
312-PROVIDING FALSE INFO RMATION.
313284
314- (E) (C) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE
315-ANNUAL STATE BUDGET AN APPRO PRIATION OF AT LEAST $150,000 TO FUND
316-REGISTRATION ACTIVIT IES CONDUCTED BY THE SECRETARY UNDER THIS SECTION.
285+ (2) RETAIN RECORDS FOR A LL FIREARMS IMPRINTE D IN 1
286+ACCORDANCE WITH ALL FEDERAL LAWS AND REG ULATIONS APPLICABLE TO THE 2
287+SALE OF A FIREARM . 3
317288
318- (A) A PERSON WHO VIOLATES THIS SUBTITLE IS GUI LTY OF A
319-MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT
320-EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.
289+5–704. 4
321290
322- (B) EACH VIOLATION OF THI S SUBTITLE IS A SEPA RATE CRIME.
323- Ch. 19 2022 LAWS OF MARYLAND
291+ (A) A PERSON WHO MAKES , COMPLETES , OR INITIALLY ASSEMBL ES A 5
292+FIREARM, OR THE CURRENT LEGAL OWNER OF THE FIREARM , SHALL REGISTER THE 6
293+FIREARM WITH THE SECRETARY. 7
324294
325-– 8 –
326-5–705.
295+ (B) THE SECRETARY SHALL MAINT AIN A SYSTEM TO REGI STER FIREARMS 8
296+IMPRINTED WITH SERIA L NUMBERS UNDER § 5–703(B)(2)(II) OF THIS SUBTITLE. 9
327297
328- THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THE PROVISIONS
329-OF THIS SUBTITLE.
298+ (C) REGISTRATION DATA PRO VIDED FOR REGISTRATI ON IS NOT OPEN TO 10
299+PUBLIC INSPECTION . 11
330300
331-5–706.
301+ (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 12
302+INFORMATION OR EVIDE NCE OBTAINED FROM A REGISTRATION APPLICATION OR 13
303+RECORDS REQUIRED TO BE SUBMITTED TO REGI STER A FIREARM UNDER THIS 14
304+SECTION MAY NOT BE U SED, DIRECTLY OR INDIRECT LY, AS EVIDENCE AGAINST THE 15
305+PERSON APPLYING TO R EGISTER THE FIREARM IN A CRIMINAL PROCEE DING FOR A 16
306+VIOLATION OF LAW THAT OCCURRED BEFORE OR AT THE TIM E THE PERSON APPLIED 17
307+TO REGISTER THE FIRE ARM OR PROVIDE RECOR DS REQUIRED TO REGIS TER THE 18
308+FIREARM. 19
332309
333- NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED IN A MANNER THAT
334-ABRIDGES OR OTHERWIS E LIMITS A PERSON ’S RIGHT AGAINST
335-SELF–INCRIMINATION UNDER THE UNITED STATES CONSTITUTION OR THE
336-MARYLAND DECLARATION OF RIGHTS.
310+ (2) INFORMATION DESCRIBED IN PARAGRAPH (1) OF THIS 20
311+SUBSECTION MAY BE US ED AS EVIDENCE IN A PROSECUTION RELATING TO 21
312+PROVIDING FALSE INFO RMATION. 22
337313
338- SECTION 2. AND BE IT FURTHER ENACTED, That, i f any provision of this Act or
339-the application thereof to any person or circumstance is held invalid for any reason in a
340-court of competent jurisdiction, the invalidity does not affect other provisions or any other
341-application of this Act that can be given effect without the invalid provision or application,
342-and for this purpose the provisions of this Act are declared severable.
314+ (E) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE 23
315+ANNUAL STATE BUDGET AN APPRO PRIATION OF AT LEAST $150,000 TO FUND 24
316+REGISTRATION ACTIVIT IES CONDUCTED BY THE SECRETARY UNDER THIS SECTION. 25
343317
344- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed in
345-a manner that is consistent with proposed federal rule 2021R–05, updating parts 447, 478,
346-and 479 of the Code of Federal Regulations, published in the Federal Register (Volume 86,
347-No. 97) on May 21, 2021. If the proposed federal rule is modified at the time of adoption,
348-this Act shall be construed in a manner that is consistent with those modifications.
318+ (A) A PERSON WHO VIOLATES THIS SUBTITLE IS GUI LTY OF A 26
319+MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO IMPRISONMENT NOT 27
320+EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 28
349321
350- SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
351-June 1, 2022.
322+ (B) EACH VIOLATION OF THI S SUBTITLE IS A SEPA RATE CRIME. 29
352323
353-Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.
324+5–705. 30
325+
326+ THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THE PRO VISIONS 31
327+OF THIS SUBTITLE. 32
328+ 8 SENATE BILL 387
329+
330+
331+ SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 1
332+the application thereof to any person or circumstance is held invalid for any reason in a 2
333+court of competent jurisdiction, the invalidity does not affect other provisions or any other 3
334+application of this Act that can be given effect without the invalid provision or application, 4
335+and for this purpose the provisions of this Act are declared severable. 5
336+
337+ SECTION 3. AND BE IT FURTHER ENACTE D, That this Act shall be construed in 6
338+a manner that is consistent with proposed federal rule 2021R–05, updating parts 447, 478, 7
339+and 479 of the Code of Federal Regulations, published in the Federal Register (Volume 86, 8
340+No. 97) on May 21, 2021. If the proposed federal rule is modified at the time of adoption, 9
341+this Act shall be construed in a manner that is consistent with those modifications. 10
342+
343+ SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
344+June 1, 2022. 12
345+
346+
347+
348+
349+Approved:
350+________________________________________________________________________________
351+ Governor.
352+________________________________________________________________________________
353+ President of the Senate.
354+________________________________________________________________________________
355+ Speaker of the House of Delegates.