Maryland 2022 Regular Session

Maryland Senate Bill SB773 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0773
9	6
10	7		SENATE BILL 773
11	8		E4 2lr1916
12	9
13	10		By: Senator Carter
14	11		Introduced and read first time: February 7, 2022
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 15, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Public Safety – Firearms Dealers – Storage Vaults for Regulated Firearms 2
25		-	Income Tax – Credit for Firearm Safety Devices 3
26	19
27		-	FOR the purpose of requiring an applicant for a regulated firearms dealer’s license to 4
28		-	provide evidence satisfactory to the Secretary of State Police that the applicant’s 5
29		-	proposed place of business has a certain vault to store all regulated firearms to be 6
30		-	offered for sale; requiring a licensee to store all regulated firearms for sale in a 7
31		-	certain vault when the licensee’s place of business is closed; requiring a certain 8
32		-	licensee to comply with the storage requirement on or before a certain date; and 9
33		-	generally relating to regulated firearms dealers and regulated firearms authorizing 10
34		-	a credit against the State income tax for the purchase of certain firearm safety 11
35		-	devices during the taxable year; making the credit refundable; and generally relating 12
36		-	to a credit against the State income tax for firearm safety devices. 13
	20	+	FOR the purpose of requiring an applicant for a regulated firearms dealer’s license to 3
	21	+	provide evidence satisfactory to the Secretary of State Police that the applicant’s 4
	22	+	proposed place of business has a certain vault to store all regulated firearms to be 5
	23	+	offered for sale; requiring a licensee to store all regulated firearms for sale in a 6
	24	+	certain vault when the licensee’s place of business is closed; requiring a certain 7
	25	+	licensee to comply with the storage requirement on or before a certain date; and 8
	26	+	generally relating to regulated firearms dealers and regulated firearms. 9
37	27
38		-	BY adding to 14
39		-	Article – Public Safety 15
40		-	Section 5–110.1 16
41		-	Annotated Code of Maryland 17
42		-	(2018 Replacement Volume and 2021 Supplement) 18
	28	+	BY adding to 10
	29	+	Article – Public Safety 11
	30	+	Section 5–110.1 12
	31	+	Annotated Code of Maryland 13
	32	+	(2018 Replacement Volume and 2021 Supplement) 14
43	33
44		-	BY repealing and reenacting, with amendments, 19
45		-	Article – Public Safety 20
46		-	Section 5–114 21
47		-	Annotated Code of Maryland 22
48		-	(2018 Replacement Volume and 2021 Supplement) 23 2 SENATE BILL 773
	34	+	BY repealing and reenacting, with amendments, 15
	35	+	Article – Public Safety 16
	36	+	Section 5–114 17
	37	+	Annotated Code of Maryland 18
	38	+	(2018 Replacement Volume and 2021 Supplement) 19
	39	+
	40	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
	41	+	That the Laws of Maryland read as follows: 21
	42	+
	43	+	Article – Public Safety 22
	44	+
	45	+	5–110.1. 23
	46	+	2 SENATE BILL 773
	47	+
	48	+
	49	+	(A) BEFORE THE SECRETARY ISSUES A DEAL ER’S LICENSE TO AN 1
	50	+	APPLICANT, THE APPLICANT SHALL PROVIDE EVIDENCE SAT ISFACTORY TO THE 2
	51	+	SECRETARY THAT THE AP PLICANT’S PROPOSED PLACE OF BUSINESS HAS A VAULT 3
	52	+	THAT IS SECURED TO T HE FLOOR AND THAT CA N HOLD ALL OF THE RE GULATED 4
	53	+	FIREARMS TO BE OFFERED FOR SALE . 5
	54	+
	55	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 6
	56	+	WHEN A LICENSEE ’S PLACE OF BUSINESS IS CLOSED, THE LICENSEE SHALL S TORE 7
	57	+	ALL REGULATED FIREAR MS FOR SALE IN A VAU LT DESCRIBED IN SUBS ECTION (A) OF 8
	58	+	THIS SECTION. 9
	59	+
	60	+	(2) A PERSON WHO HOLDS A D EALER’S LICENSE ON OR BEFO RE 10
	61	+	OCTOBER 1, 2022, SHALL COMPLY WITH TH IS SUBSECTION ON OR BEFORE JULY 1, 11
	62	+	2023. 12
	63	+
	64	+	5–114. 13
	65	+
	66	+	(a) (1) The Secretary shall suspend a dealer’s license if the licensee: 14
	67	+
	68	+	(i) is under indictment for a crime of violence; or 15
	69	+
	70	+	(ii) is arrested for a violation of this subtitle that prohibits the 16
	71	+	purchase or possession of a regulated firearm. 17
	72	+
	73	+	(2) (i) The Secretary may suspend a dealer’s license if the licensee is 18
	74	+	not in compliance with the record keeping and reporting requirements of § 5–145 of this 19
	75	+	subtitle. 20
	76	+
	77	+	(ii) The Secretary may lift a suspension under this paragraph after 21
	78	+	the licensee provides evidence that the record keeping violation has been corrected. 22
	79	+
	80	+	(b) The Secretary shall revoke a dealer’s license if: 23
	81	+
	82	+	(1) it is discovered that false information has been supplied or false 24
	83	+	statements have been made in an application required by this subtitle; or 25
	84	+
	85	+	(2) the licensee: 26
	86	+
	87	+	(i) is convicted of a disqualifying crime; 27
	88	+
	89	+	(ii) is convicted of a violation classified as a common law crime and 28
	90	+	receives a term of imprisonment of more than 2 years; 29
	91	+
	92	+	(iii) is a fugitive from justice; 30
	93	+
	94	+	(iv) is a habitual drunkard; 31 SENATE BILL 773 3
49	95
50	96
51	97
52		-	BY adding to 1
53		-	Article – Tax – General 2
54		-	Section 10–754 3
55		-	Annotated Code of Maryland 4
56		-	(2016 Replacement Volume and 2021 Supplement) 5
	98	+	(v) is addicted to a controlled dangerous substance or is a habitual 1
	99	+	user; 2
57	100
58		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
59		-	That the Laws of Maryland read as follows: 7
	101	+	(vi) has spent more than 30 consecutive days in a medical institution 3
	102	+	for treatment of a mental disorder, unless the licensee produces a physician’s certificate, 4
	103	+	issued after the last institutionalization and certifying that the licensee is capable of 5
	104	+	possessing a regulated firearm without undue danger to the licensee or to another; 6
60	105
61		-	Article – Public Safety 8
	106	+	(vii) has knowingly or willfully manufactured, offered to sell, or sold 7
	107	+	a handgun not on the handgun roster in violation of § 5–406 of this title; or 8
62	108
63		-	5–110.1. 9
	109	+	(viii) has knowingly or willfully participated in a straw purchase of a 9
	110	+	regulated firearm. 10
64	111
65		-	(A) BEFORE THE SECRETARY ISSUES A DE ALER’S LICENSE TO AN 10
66		-	APPLICANT, THE APPLICANT SHALL PROVIDE EVIDENCE SAT ISFACTORY TO THE 11
67		-	SECRETARY THAT THE APPLICANT ’S PROPOSED PLACE OF BUSINESS HAS A VAULT 12
68		-	THAT IS SECURED TO T HE FLOOR AND THAT CA N HOLD ALL OF THE RE GULATED 13
69		-	FIREARMS TO BE OFFER ED FOR SALE. 14
	112	+	(C) THE SECRETARY MAY DENY A DEALER’S LICENSE TO AN APPL ICANT OR 11
	113	+	SUSPEND OR REVOKE A DEALER’S LICENSE IF THE APP LICANT OR LICENSEE FAILS 12
	114	+	TO COMPLY WITH § 5–110.1 OF THIS SUBTITLE . 13
70	115
71		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 15
72		-	WHEN A LICENSEE ’S PLACE OF BUSINES S IS CLOSED, THE LICENSEE SHALL S TORE 16
73		-	ALL REGULATED FIREAR MS FOR SALE IN A VAU LT DESCRIBED IN SUBS ECTION (A) OF 17
74		-	THIS SECTION. 18
	116	+	[(c)] (D) If the Secretary suspends or revokes a dealer’s license, the Secretary 14
	117	+	shall notify the licensee in writing of the suspension or revocation. 15
75	118
76		-	(2) A PERSON WHO HOLDS A D EALER’S LICENSE ON OR BEFO RE 19
77		-	OCTOBER 1, 2022, SHALL COMPLY WITH TH IS SUBSECTION ON OR BEFORE JULY 1, 20
78		-	2023. 21
	119	+	[(d)] (E) A person whose dealer’s license is suspended or revoked may not engage 16
	120	+	in the business of selling, renting, or transferring regulated firearms, unless the suspension 17
	121	+	or revocation has been subsequently withdrawn by the Secretary or overruled by a court in 18
	122	+	accordance with § 5–116 of this subtitle. 19
79	123
80		-	5–114. 22
81		-
82		-	(a) (1) The Secretary shall suspend a dealer’s license if the licensee: 23
83		-
84		-	(i) is under indictment for a crime of violence; or 24
85		-
86		-	(ii) is arrested for a violation of this subtitle that prohibits the 25
87		-	purchase or possession of a regulated firearm. 26
88		-
89		-	(2) (i) The Secretary may suspend a dealer’s license if the licensee is 27
90		-	not in compliance with the record keeping and reporting requirements of § 5–145 of this 28
91		-	subtitle. 29
92		-
93		-	(ii) The Secretary may lift a suspension under this paragraph after 30
94		-	the licensee provides evidence that the record keeping violation has been corrected. 31
95		-
96		-	(b) The Secretary shall revoke a dealer’s license if: 32 SENATE BILL 773 3
97		-
98		-
99		-
100		-	(1) it is discovered that false information has been supplied or false 1
101		-	statements have been made in an application required by this subtitle; or 2
102		-
103		-	(2) the licensee: 3
104		-
105		-	(i) is convicted of a disqualifying crime; 4
106		-
107		-	(ii) is convicted of a violation classified as a common law crime and 5
108		-	receives a term of imprisonment of more than 2 years; 6
109		-
110		-	(iii) is a fugitive from justice; 7
111		-
112		-	(iv) is a habitual drunkard; 8
113		-
114		-	(v) is addicted to a controlled dangerous substance or is a habitual 9
115		-	user; 10
116		-
117		-	(vi) has spent more than 30 consecutive days in a medical institution 11
118		-	for treatment of a mental disorder, unless the licensee produces a physician’s certificate, 12
119		-	issued after the last institutionalization and certifying that the licensee is capable of 13
120		-	possessing a regulated firearm without undue danger to the licensee or to another; 14
121		-
122		-	(vii) has knowingly or willfully manufactured, offered to sell, or sold 15
123		-	a handgun not on the handgun roster in violation of § 5–406 of this title; or 16
124		-
125		-	(viii) has knowingly or willfully participated in a straw purchase of a 17
126		-	regulated firearm. 18
127		-
128		-	(C) THE SECRETARY MAY DENY A DEALER’S LICENSE TO AN APP LICANT OR 19
129		-	SUSPEND OR REVOKE A DEALER’S LICENSE IF THE APP LICANT OR LICENSEE F AILS 20
130		-	TO COMPLY WITH § 5–110.1 OF THIS SUBTITLE . 21
131		-
132		-	[(c)] (D) If the Secretary suspends or revokes a dealer’s license, the Secretary 22
133		-	shall notify the licensee in writing of the suspension or revocation. 23
134		-
135		-	[(d)] (E) A person whose dealer’s license is suspended or revoked may not engage 24
136		-	in the business of selling, renting, or transferring regulated firearms, unless the suspension 25
137		-	or revocation has been subsequently withdrawn by the Secretary or overruled by a court in 26
138		-	accordance with § 5–116 of this subtitle. 27
139		-
140		-	Article – Tax – General 28
141		-
142		-	10–754. 29
143		-
144		-	(A) IN THIS SECTION, “FIREARM SAFETY DEVIC E” MEANS ANY DEVICE THA T: 30 4 SENATE BILL 773
145		-
146		-
147		-
148		-	(1) (I) WHEN INSTALLED ON A FIREARM, IS DESIGNED TO PREVE NT 1
149		-	THE FIREARM FROM BEING O PERATED WITHOUT FIRS T DEACTIVATING THE D EVICE; 2
150		-	AND 3
151		-
152		-	(II) IS DESIGNED TO PREVE NT THE OPERATION OF THE 4
153		-	FIREARM BY ANYONE NO T HAVING ACCESS TO T HE DEVICE; OR 5
154		-
155		-	(2) IS A SAFE, GUN SAFE, GUN CASE, LOCK BOX, OR OTHER DEVICE 6
156		-	THAT IS DESIGN ED TO BE OR CAN BE U SED TO STORE A FIREA RM AND THAT IS 7
157		-	DESIGNED TO BE UNLOC KED ONLY BY MEANS OF A KEY, A COMBINATION , OR OTHER 8
158		-	SIMILAR MEANS . 9
159		-
160		-	(B) (1) AN INDIVIDUAL MAY CLAIM A CREDIT AGAINST THE STATE 10
161		-	INCOME TAX FOR THE A MOUNT PAID BY THE IN DIVIDUAL TO PURCHASE A FIREARM 11
162		-	SAFETY DEVICE DURING THE TAXABLE YEAR IN AN AMOUNT EQUAL TO T HE LESSER 12
163		-	OF: 13
164		-
165		-	(I) 100% OF THE PURCHASE PRIC E FOR THE FIREARM SA FETY 14
166		-	DEVICE; OR 15
167		-
168		-	(II) $250. 16
169		-
170		-	(2) FOR ANY TAXABLE YEAR , THE TAX CREDIT UNDER THIS SECTION 17
171		-	MAY BE CLAIMED ONLY ONCE BY AN INDI VIDUAL. 18
172		-
173		-	(C) IF THE CREDIT ALLOWED UNDER THIS SECTION I N ANY TAXABLE YEAR 19
174		-	EXCEEDS THE STATE INCOME TAX FOR THAT TAXABLE YEAR , THE INDIVIDUAL MAY 20
175		-	CLAIM A REFUND IN TH E AMOUNT OF THE EXCE SS. 21
176		-
177		-	(D) TO CLAIM THE CREDIT A LLOWED UNDER THIS SECTION, THE 22
178		-	INDIVIDUAL SHALL ATT ACH TO THE INDIVIDUA L’S INCOME TAX RETURN OR 23
179		-	OTHERWISE FILE WITH THE COMPTROLLER PROOF OF PAYMENT BY THE 24
180		-	INDIVIDUAL OF THE PU RCHASE PRICE FOR WHI CH THE INDIVIDUAL MA Y CLAIM THE 25
181		-	CREDIT UNDER THIS SE CTION. 26
182		-
183		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
184		-	October July 1, 2022, and shall be applicable to all taxable years beginning after December 28
185		-	31, 2021. 29
186		-
	124	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 20
	125	+	October 1, 2022. 21