Maryland 2023 Regular Session

Maryland House Bill HB162 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		hb0162
9	6
10	7		HOUSE BILL 162
11	8		E4 3lr0596
12		-	CF ~~SB 159~~
	9	+	CF 3lr1110
13	10		By: Delegates Moon, Barve, Chang, Feldmark, Ivey, Lehman, Palakovich Carr,
14		-	Ruth, Shetty, Stewart, Wilkins, and Young Young, Bartlett, Cardin,
15		-	Conaway, Kaufman, Pasteur, Simpson, Taylor, Toles, and Williams
	11	+	Ruth, Shetty, Stewart, Wilkins, and Young
16	12		Introduced and read first time: January 16, 2023
17	13		Assigned to: Judiciary
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: March 4, 2023
21	14
22		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
23	16
24	17		AN ACT concerning 1
25	18
26	19		Firearms – Maryland Voluntary Do Not Sell Firearm Registry – Establishment 2
27	20
28		-	FOR the purpose of requiring the Maryland Department of State Police Health to create 3
29		-	and maintain a Maryland Voluntary Do Not Sell Firearm Registry in which a person 4
30		-	may voluntarily enroll for the purpose of being prohibited from obtaining a firearm; 5
31		-	prohibiting a dealer or other person from selling, renting, loaning, or transferring a 6
32		-	firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person 7
33		-	knows or has reason to believe is registered on the registry; prohibiting certain acts 8
34		-	involving the giving of false information and discrimination relating to the registry; 9
35		-	requiring a custodian of records to deny inspection of certain records relating to the 10
36		-	registry; and generally relating to the Maryland Voluntary Do Not Sell Firearm 11
37		-	Registry. 12
	21	+	FOR the purpose of requiring the Department of State Police to create and maintain a 3
	22	+	Maryland Voluntary Do Not Sell Firearm Registry in which a person may voluntarily 4
	23	+	enroll for the purpose of being prohibited from obtaining a firearm; prohibiting a 5
	24	+	dealer or other person from selling, renting, loaning, or transferring a firearm to a 6
	25	+	purchaser, lessee, borrower, or transferee who the dealer or other person knows or 7
	26	+	has reason to believe is registered on the registry; prohibiting certain acts involving 8
	27	+	the giving of false information and discrimination relating to the registry; requiring 9
	28	+	a custodian of records to deny inspection of certain records relating to the registry; 10
	29	+	and generally relating to the Maryland Voluntary Do Not Sell Firearm Registry. 11
38	30
39		-	BY repealing and reenacting, with amendments, 13
40		-	Article – Public Safety 14
41		-	Section 5–134(b) and 5–207(c) 15
42		-	Annotated Code of Maryland 16
43		-	(2022 Replacement Volume) 17
	31	+	BY repealing and reenacting, with amendments, 12
	32	+	Article – Public Safety 13
	33	+	Section 5–134(b) and 5–207(c) 14
	34	+	Annotated Code of Maryland 15
	35	+	(2022 Replacement Volume) 16
44	36
45		-	BY adding to 18
46		-	Article – Public Safety 19
47		-	Section 5–901 through 5–906 to be under the new subtitle “Subtitle 9. The Maryland 20
48		-	Voluntary Do Not Sell Firearm Registry” 21 2 HOUSE BILL 162
	37	+	BY adding to 17
	38	+	Article – Public Safety 18
	39	+	Section 5–901 through 5–906 to be under the new subtitle “Subtitle 9. The Maryland 19
	40	+	Voluntary Do Not Sell Firearm Registry” 20
	41	+	Annotated Code of Maryland 21
	42	+	(2022 Replacement Volume) 22
49	43
50		-
51		-	Annotated Code of Maryland 1
52		-	(2022 Replacement Volume) 2
53		-
54		-	BY adding to 3
55		-	Article – General Provisions 4
56		-	Section 4–325.1 5
57		-	Annotated Code of Maryland 6
58		-	(2019 Replacement Volume and 2022 Supplement) 7
59		-
60		-	BY repealing and reenacting, with amendments, 8
61		-	Article – Tax – General 9
62		-	Section 13–203(c) 10
63		-	Annotated Code of Maryland 11
64		-	(2022 Replacement Volume) 12
65		-
66		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
67		-	That the Laws of Maryland read as follows: 14
68		-
69		-	Article – Public Safety 15
70		-
71		-	5–134. 16
72		-
73		-	(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 17
74		-	firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 18
75		-	or has reasonable cause to believe: 19
76		-
77		-	(1) is under the age of 21 years, unless the regulated firearm is loaned to a 20
78		-	borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 21
79		-
80		-	(2) has been convicted of a disqualifying crime; 22
81		-
82		-	(3) has been convicted of a conspiracy to commit a felony; 23
83		-
84		-	(4) has been convicted of a violation classified as a common law crime and 24
85		-	received a term of imprisonment of more than 2 years; 25
86		-
87		-	(5) is a fugitive from justice; 26
88		-
89		-	(6) is a habitual drunkard; 27
90		-
91		-	(7) is addicted to a controlled dangerous substance or is a habitual user; 28
92		-
93		-	(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 29
94		-	– General Article, and has a history of violent behavior against the purchaser, lessee, 30
95		-	borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 31
96		-	possesses a physician’s certificate that the recipient is capable of possessing a regulated 32 HOUSE BILL 162 3
97		-
98		-
99		-	firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 1
100		-	another; 2
101		-
102		-	(9) has been confined for more than 30 consecutive days to a facility as 3
103		-	defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 4
104		-	or transferee possesses a physician’s certificate that the recipient is capable of possessing 5
105		-	a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 6
106		-	or to another; 7
107		-
108		-	(10) is a respondent against whom a current non ex parte civil protective 8
109		-	order has been entered under § 4–506 of the Family Law Article; 9
110		-
111		-	(11) if under the age of 30 years at the time of the transaction, has been 10
112		-	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 11
113		-	committed by an adult; 12
114		-
115		-	(12) is visibly under the influence of alcohol or drugs; 13
116		-
117		-	(13) is a participant in a straw purchase; 14
118		-
119		-	(14) subject to subsection (c) of this section for a transaction under this 15
120		-	subsection that is made on or after January 1, 2002, has not completed a certified firearms 16
121		-	safety training course conducted free of charge by the Maryland Police Training and 17
122		-	Standards Commission or that meets standards established by the Maryland Police 18
123		-	Training and Standards Commission under § 3–207 of this article; [or] 19
124		-
125		-	(15) IS REGISTERED ON THE MARYLAND VOLUNTARY DO NOT SELL 20
126		-	FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS TITLE; OR 21
127		-
128		-	[(15)] (16) intends to use the regulated firearm to: 22
129		-
130		-	(i) commit a crime; or 23
131		-
132		-	(ii) cause harm to the purchaser, lessee, transferee, or recipient or 24
133		-	another person. 25
134		-
135		-	5–207. 26
136		-
137		-	(c) A licensee or any other person may not sell, rent, transfer, or loan a rifle or 27
138		-	shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person 28
139		-	knows or has reasonable cause to believe: 29
140		-
141		-	(1) has been convicted of a disqualifying crime, as defined in § 5–101 of this 30
142		-	title; 31
143		-
144		-	(2) has been convicted of a violation classified as a common law crime and 32
145		-	received a term of imprisonment of more than 2 years; 33 4 HOUSE BILL 162
	44	+	BY adding to 23
	45	+	Article – General Provisions 24
	46	+	Section 4–325.1 25
	47	+	Annotated Code of Maryland 26
	48	+	(2019 Replacement Volume and 2022 Supplement) 27 2 HOUSE BILL 162
146	49
147	50
148	51
149		-	(3) is a fugitive from justice; 1
	52	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	53	+	That the Laws of Maryland read as follows: 2
150	54
151		-	~~(4) is a habitual drunkard as defined in § 5–101 of this title; 2~~
	55	+	Article – Public Safety 3
152	56
153		-	(5) is addicted to a controlled dangerous substance or is a habitual user as 3
154		-	defined in § 5–101 of this title; 4
	57	+	5–134. 4
155	58
156		-	(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 5
157		-	– General Article, and has a history of violent behavior against the purchaser, lessee, 6
158		-	transferee, recipient, or another, unless the purchaser, lessee, transferee, or recipient has 7
159		-	received a certificate from the Maryland Department of Health relieving the purchaser, 8
160		-	lessee, transferee, or recipient of the disqualification; 9
	59	+	(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 5
	60	+	firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 6
	61	+	or has reasonable cause to believe: 7
161	62
162		-	(7) has been found incompetent to stand trial under § 3–106 of the Criminal 10
163		-	Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a 11
164		-	certificate from the Maryland Department of Health relieving the purchaser, lessee, 12
165		-	transferee, or recipient of the disqualification; 13
	63	+	(1) is under the age of 21 years, unless the regulated firearm is loaned to a 8
	64	+	borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 9
166	65
167		-	(8) has been found not criminally responsible under § 3–110 of the 14
168		-	Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has 15
169		-	received a certificate from the Maryland Department of Health relieving the purchaser, 16
170		-	lessee, transferee, or recipient of the disqualification; 17
	66	+	(2) has been convicted of a disqualifying crime; 10
171	67
172		-	(9) has been voluntarily admitted for more than 30 consecutive days to a 18
173		-	facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, 19
174		-	transferee, or recipient has received a certificate from the Maryland Department of Health 20
175		-	relieving the purchaser, lessee, transferee, or recipient of the disqualification; 21
	68	+	(3) has been convicted of a conspiracy to commit a felony; 11
176	69
177		-	(10) has been involuntarily committed for more than 30 consecutive days to 22
178		-	a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, 23
179		-	lessee, transferee, or recipient has received a certificate from the Maryland Department of 24
180		-	Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; 25
	70	+	(4) has been convicted of a violation classified as a common law crime and 12
	71	+	received a term of imprisonment of more than 2 years; 13
181	72
182		-	(11) is under the protection of a guardian appointed by a court under § 26
183		-	13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 27
184		-	appointment of a guardian is solely a result of a physical disability, unless the purchaser, 28
185		-	lessee, transferee, or recipient has received a certificate from the Maryland Department of 29
186		-	Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; 30
	73	+	(5) is a fugitive from justice; 14
187	74
188		-	(12) is a ~~respondent against whom:~~ 31
	75	+	(6) is a habitual drunkard; 15
189	76
190		-	(i) a current non ex parte civil protective order has been entered 32
191		-	under § 4–506 of the Family Law Article; or 33
	77	+	(7) is addicted to a controlled dangerous substance or is a habitual user; 16
192	78
193		-	(ii) an order for protection, as defined in § 4–508.1 of the Family Law 34
194		-	Article, has been issued by a court of another state or Native American tribe and is in effect; 35 HOUSE BILL 162 5
	79	+	(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 17
	80	+	– General Article, and has a history of violent behavior against the purchaser, lessee, 18
	81	+	borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 19
	82	+	possesses a physician’s certificate that the recipient is capable of possessing a regulated 20
	83	+	firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 21
	84	+	another; 22
	85	+
	86	+	(9) has been confined for more than 30 consecutive days to a facility as 23
	87	+	defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 24
	88	+	or transferee possesses a physician’s certificate that the recipient is capable of possessing 25
	89	+	a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 26
	90	+	or to another; 27
	91	+
	92	+	(10) is a respondent against whom a current non ex parte civil protective 28
	93	+	order has been entered under § 4–506 of the Family Law Article; 29
	94	+
	95	+	(11) if under the age of 30 years at the time of the transaction, has been 30
	96	+	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 31
	97	+	committed by an adult; 32 HOUSE BILL 162 3
195	98
196	99
197	100
198		-	(13) if under the age of 30 years at the time of the transaction, has been 1
199		-	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 2
200		-	committed by an adult; 3
	101	+	(12) is visibly under the influence of alcohol or drugs; 1
201	102
202		-	(14) is ~~visibly under the influence of alcohol or drugs~~; 4
	103	+	(13) is a participant in a straw purchase; 2
203	104
204		-	(15) is a participant in a straw purchase; [or] 5
	105	+	(14) subject to subsection (c) of this section for a transaction under this 3
	106	+	subsection that is made on or after January 1, 2002, has not completed a certified firearms 4
	107	+	safety training course conducted free of charge by the Maryland Police Training and 5
	108	+	Standards Commission or that meets standards established by the Maryland Police 6
	109	+	Training and Standards Commission under § 3–207 of this article; [or] 7
205	110
206		-	(16) IS REGISTERED ON THE MARYLAND VOLUNTARY DO NOT SELL 6
207		-	FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS TITLE; OR 7
	111	+	(15) IS REGISTERED ON THE MARYLAND VOLUNTARY DO NOT SELL 8
	112	+	FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS TITLE; OR 9
208	113
209		-	[(16)] (17) intends to use the ~~rifle or shotgun~~ to: 8
	114	+	[(15)] (16) intends to use the regulated firearm to: 10
210	115
211		-	(i) commit a crime; or 9
	116	+	(i) commit a crime; or 11
212	117
213		-	(ii) cause harm to the purchaser, lessee, transferee, or recipient or 10
214		-	another person. 11
	118	+	(ii) cause harm to the purchaser, lessee, transferee, or recipient or 12
	119	+	another person. 13
215	120
216		-	~~SUBTITLE 9~~. ~~THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY. 12~~
	121	+	5–207. 14
217	122
218		-	5–901. 13
	123	+	(c) A licensee or any other person may not sell, rent, transfer, or loan a rifle or 15
	124	+	shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person 16
	125	+	knows or has reasonable cause to believe: 17
219	126
220		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 14
	127	+	(1) has been convicted of a disqualifying crime, as defined in § 5–101 of this 18
	128	+	title; 19
	129	+
	130	+	(2) has been convicted of a violation classified as a common law crime and 20
	131	+	received a term of imprisonment of more than 2 years; 21
	132	+
	133	+	(3) is a fugitive from justice; 22
	134	+
	135	+	(4) is a habitual drunkard as defined in § 5–101 of this title; 23
	136	+
	137	+	(5) is addicted to a controlled dangerous substance or is a habitual user as 24
	138	+	defined in § 5–101 of this title; 25
	139	+
	140	+	(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 26
	141	+	– General Article, and has a history of violent behavior against the purchaser, lessee, 27
	142	+	transferee, recipient, or another, unless the purchaser, lessee, transferee, or recipient has 28
	143	+	received a certificate from the Maryland Department of Health relieving the purchaser, 29
	144	+	lessee, transferee, or recipient of the disqualification; 30
	145	+	4 HOUSE BILL 162
	146	+
	147	+
	148	+	(7) has been found incompetent to stand trial under § 3–106 of the Criminal 1
	149	+	Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a 2
	150	+	certificate from the Maryland Department of Health relieving the purchaser, lessee, 3
	151	+	transferee, or recipient of the disqualification; 4
	152	+
	153	+	(8) has been found not criminally responsible under § 3–110 of the 5
	154	+	Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has 6
	155	+	received a certificate from the Maryland Department of Health relieving the purchaser, 7
	156	+	lessee, transferee, or recipient of the disqualification; 8
	157	+
	158	+	(9) has been voluntarily admitted for more than 30 consecutive days to a 9
	159	+	facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, 10
	160	+	transferee, or recipient has received a certificate from the Maryland Department of Health 11
	161	+	relieving the purchaser, lessee, transferee, or recipient of the disqualification; 12
	162	+
	163	+	(10) has been involuntarily committed for more than 30 consecutive days to 13
	164	+	a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, 14
	165	+	lessee, transferee, or recipient has received a certificate from the Maryland Department of 15
	166	+	Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; 16
	167	+
	168	+	(11) is under the protection of a guardian appointed by a court under § 17
	169	+	13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 18
	170	+	appointment of a guardian is solely a result of a physical disability, unless the purchaser, 19
	171	+	lessee, transferee, or recipient has received a certificate from the Maryland Department of 20
	172	+	Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; 21
	173	+
	174	+	(12) is a respondent against whom: 22
	175	+
	176	+	(i) a current non ex parte civil protective order has been entered 23
	177	+	under § 4–506 of the Family Law Article; or 24
	178	+
	179	+	(ii) an order for protection, as defined in § 4–508.1 of the Family Law 25
	180	+	Article, has been issued by a court of another state or Native American tribe and is in effect; 26
	181	+
	182	+	(13) if under the age of 30 years at the time of the transaction, has been 27
	183	+	adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 28
	184	+	committed by an adult; 29
	185	+
	186	+	(14) is visibly under the influence of alcohol or drugs; 30
	187	+
	188	+	(15) is a participant in a straw purchase; [or] 31
	189	+
	190	+	(16) IS REGISTERED ON THE MARYLAND VOLUNTARY DO NOT SELL 32
	191	+	FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS TITLE; OR 33
	192	+
	193	+	[(16)] (17) intends to use the rifle or shotgun to: 34
	194	+	HOUSE BILL 162 5
	195	+
	196	+
	197	+	(i) commit a crime; or 1
	198	+
	199	+	(ii) cause harm to the purchaser, lessee, transferee, or recipient or 2
	200	+	another person. 3
	201	+
	202	+	SUBTITLE 9. THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY. 4
	203	+
	204	+	5–901. 5
	205	+
	206	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
	207	+	INDICATED. 7
	208	+
	209	+	(B) “CENTRAL REPOSITORY” HAS THE MEANING STAT ED IN § 5–108 OF THIS 8
	210	+	TITLE. 9
	211	+
	212	+	(C) “DEPARTMENT ” MEANS THE DEPARTMENT OF STATE POLICE. 10
	213	+
	214	+	(D) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 11
	215	+
	216	+	(E) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 12
	217	+	FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS SUBTITLE. 13
	218	+
	219	+	(F) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE OR THE 14
	220	+	SECRETARY’S DESIGNEE. 15
	221	+
	222	+	5–902. 16
	223	+
	224	+	THE DEPARTMENT SHALL CREA TE AND MAINTAIN THE MARYLAND 17
	225	+	VOLUNTARY DO NOT SELL FIREARM REGISTRY IN WHICH A PERSON MAY 18
	226	+	VOLUNTARILY ENROLL FOR THE PURPOSE OF B EING PROHIBITED FROM OBTA INING 19
	227	+	A FIREARM. 20
	228	+
	229	+	5–903. 21
	230	+
	231	+	(A) A REGISTRY APPLICANT SHALL: 22
	232	+
	233	+	(1) BE AT LEAST 18 YEARS OLD; AND 23
	234	+
	235	+	(2) SUBMIT TO THE DEPARTMENT A REGISTRY APPLICATION ON THE 24
	236	+	FORM THAT THE SECRETARY PROVIDES . 25
	237	+
	238	+	(B) A REGISTRY APPLICATION SHALL CONTAIN THE APPLICANT ’S NAME, 26
	239	+	ADDRESS, SOCIAL SECURITY NUMBER , PLACE AND DATE OF BIRTH , HEIGHT, 27 6 HOUSE BILL 162
	240	+
	241	+
	242	+	WEIGHT, RACE, EYE AND HAIR COLOR , SIGNATURE, DRIVER’S LICENSE OR 1
	243	+	PHOTOGRAPHIC IDENTIF ICATION SOUNDEX NUMB ER, AND OCCUPATION . 2
	244	+
	245	+	(C) THE REGISTRY APPLICATION FORM SHALL INFORM THE APPLICANT OF 3
	246	+	THE PROCESS FOR REMOVAL FROM THE REGISTRY. 4
	247	+
	248	+	(D) WITHIN 5 DAYS AFTER RECEIVING A PROPERLY COMPLETED REGISTRY 5
	249	+	APPLICATION, THE SECRETARY SHALL: 6
	250	+
	251	+	(1) APPROVE THE APPLICAT ION; 7
	252	+
	253	+	(2) ISSUE TO THE APPLICANT WRI TTEN CONFIRMATION OF 8
	254	+	APPROVAL; AND 9
	255	+
	256	+	(3) NOTIFY THE CENTRAL REPOSITORY OF THE APP LICANT’S 10
	257	+	PLACEMENT ON THE REG ISTRY. 11
	258	+
	259	+	5–904. 12
	260	+
	261	+	(A) TO BE REMOVED FROM TH E REGISTRY, A PERSON SHALL SUBMIT TO THE 13
	262	+	DEPARTMENT A REQUEST FOR REMOVAL FROM THE REGISTRY ON THE FORM THAT 14
	263	+	THE SECRETARY PROVIDES . 15
	264	+
	265	+	(B) PROMPTLY, BUT NOT SOONER THAN 21 DAYS AFTER RECEIVING A 16
	266	+	PROPERLY COMPLETED R EQUEST FOR REMOVAL F ROM THE REGISTRY, THE 17
	267	+	SECRETARY SHALL : 18
	268	+
	269	+	(1) APPROVE THE REQUEST ; 19
	270	+
	271	+	(2) ISSUE TO THE REQUESTOR WRITTEN CONFIRMATION OF 20
	272	+	REMOVAL; AND 21
	273	+
	274	+	(3) NOTIFY THE CENTRAL REPOSITORY OF THE REQUESTOR ’S 22
	275	+	REMOVAL FROM THE REG ISTRY. 23
	276	+
	277	+	5–905. 24
	278	+
	279	+	(A) A PERSON MAY NOT : 25
	280	+
	281	+	(1) KNOWINGLY GIVE FALSE INFORMATION WITH THE INTENT OF 26
	282	+	ENROLLING OR REMOVIN G ANOTHER PERSON FRO M THE REGISTRY; OR 27
	283	+	HOUSE BILL 162 7
	284	+
	285	+
	286	+	(2) DISCRIMINATE AGAINST ANY PERSON WITH RESPECT TO HEA LTH 1
	287	+	CARE SERVICES , EMPLOYMENT , EDUCATION, HOUSING, INSURANCE, 2
	288	+	GOVERNMENTAL BENEFIT S, OR CONTRACTING BECAUSE THAT PERSON IS 3
	289	+	ENROLLED ON THE REGISTRY, IS NOT ENROLLED ON T HE REGISTRY, OR HAS 4
	290	+	PREVIOUSLY BEEN ENROLLED ON THE REGISTRY. 5
	291	+
	292	+	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 6
	293	+	AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 7
	294	+	FINE NOT EXCEEDING $1,000 OR BOTH. 8
	295	+
	296	+	5–906. 9
	297	+
	298	+	THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THE 10
	299	+	PROVISIONS OF THIS S UBTITLE. 11
	300	+
	301	+	Article – General Provisions 12
	302	+
	303	+	4–325.1. 13
	304	+
	305	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
221	306		INDICATED. 15
222	307
223		-	(B) “~~CENTRAL REPOSITORY~~” HAS THE MEANING STAT ED IN § ~~5–108 OF THIS~~ 16
224		-	~~TITLE~~. 17
	308	+	(2) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 16
	309	+	3–201 OF THE PUBLIC SAFETY ARTICLE. 17
225	310
226		-	(C) “~~DEPARTMENT~~ ” ~~MEANS~~ THE ~~MARYLAND DEPARTMENT~~ OF ~~STATE~~ 18
227		-	~~POLICE HEALTH~~. 19
	311	+	(3) “POLICE OFFICER” HAS THE MEANING STAT ED IN § 3–201 OF THE 18
	312	+	PUBLIC SAFETY ARTICLE. 19
228	313
229		-	(D) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 20
	314	+	(4) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 20
	315	+	FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THE PUBLIC SAFETY 21
	316	+	ARTICLE. 22
230	317
231		-	(E) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 21
232		-	FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS SUBTITLE. 22
	318	+	(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS SECTION, A 23
	319	+	CUSTODIAN SHALL DENY INSPECTION OF AN APPLICATION TO BE ENROLLED INTO 24
	320	+	OR REMOVED FROM THE REGISTRY AND ANY OTH ER PERSONAL IDENTIFY ING 25
	321	+	INFORMATION CONTAINE D IN OR RELATED TO T HE REGISTRY. 26
233	322
234		-	(F) ~~“SECRETARY” MEANS THE SECRETARY~~ OF ~~STATE POLICE HEALTH OR 23~~
235		-	~~THE SECRETARY’S DESIGNEE.~~ 24
	323	+	(C) A CUSTODIAN SHALL ALLO W INSPECTION OF A RECORD DESCRIBED I N 27
	324	+	SUBSECTION (B) OF THIS SECTION BY : 28
236	325
237		-	5–902. 25
238		-
239		-	THE ON OR BEFORE DECEMBER 31, 2023, THE DEPARTMENT SHALL CREA TE 26
240		-	AND MAINTAIN THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY IN 27 6 HOUSE BILL 162
241		-
242		-
243		-	WHICH A PERSON MAY V OLUNTARILY ENROLL FOR THE PURPOSE OF BEING 1
244		-	PROHIBITED FROM OBTA INING A FIREARM . 2
245		-
246		-	5–903. 3
247		-
248		-	(A) A REGISTRY APPLICANT S HALL: 4
249		-
250		-	(1) BE AT LEAST 18 YEARS OLD; AND 5
251		-
252		-	(2) SUBMIT TO THE DEPARTMENT A REGISTRY APPLICATION ON THE 6
253		-	FORM THAT THE SECRETARY PROVIDES . 7
254		-
255		-	(B) A REGISTRY APPLICATION SHALL CONTAIN THE AP PLICANT’S NAME, 8
256		-	ADDRESS, SOCIAL SECURITY NUMBER , PLACE AND DATE OF BI RTH, HEIGHT, 9
257		-	WEIGHT, RACE, EYE AND HAIR COLOR , SIGNATURE, DRIVER’S LICENSE OR 10
258		-	PHOTOGRAPHIC IDENTIF ICATION SOUNDEX NUMB ER, AND OCCUPATION . 11
259		-
260		-	(C) THE REGISTRY APPLICAT ION FORM SHALL INFOR M THE APPLICANT OF 12
261		-	THE PROCESS FOR REMO VAL FROM THE REGISTR Y. 13
262		-
263		-	(D) WITHIN 5 DAYS AFTER RECEIVING A PROPERLY COMPLETED REGISTRY 14
264		-	APPLICATION, THE SECRETARY SHALL : 15
265		-
266		-	(1) IN COORDINATION WITH THE MOTOR VEHICLE ADMINISTRATION 16
267		-	AND THE COMPTROLLER , BEGINNING WITH THE MOTOR VEHICLE 17
268		-	ADMINISTRATION ’S RECORDS, VERIFY THE IDENTITY OF THE APPLICANT ; 18
269		-
270		-	(2) APPROVE THE APPLICAT ION; 19
271		-
272		-	(2) (3) ISSUE TO THE APPLICA NT WRITTEN CONFIRMAT ION OF 20
273		-	APPROVAL; AND 21
274		-
275		-	(3) (4) NOTIFY THE CENTRAL REPOSITORY AND THE MARYLAND 22
276		-	STATE POLICE OF THE APPLICANT ’S PLACEMENT ON THE R EGISTRY. 23
277		-
278		-	5–904. 24
279		-
280		-	(A) TO BE REMOVED FROM TH E REGISTRY, A PERSON SHALL SUBMI T TO THE 25
281		-	DEPARTMENT A REQUEST FOR REMOVAL FROM THE REGISTRY ON THE FORM THAT 26
282		-	THE SECRETARY PROVIDES . 27
283		-
284		-	(B) PROMPTLY, BUT NOT SOONER THAN 21 DAYS AFTER RECEIVING A 28
285		-	PROPERLY COMPLETED R EQUEST FOR REMOVAL F ROM THE REGISTRY , THE 29
286		-	SECRETARY SHALL : 30 HOUSE BILL 162 7
287		-
288		-
289		-
290		-	(1) IN COORDINATION WITH THE MOTOR VEHICLE ADMINISTRATION 1
291		-	AND THE COMPTROLLER , BEGINNING WITH THE MOTOR VEHICLE 2
292		-	ADMINISTRATION ’S RECORDS, VERIFY THE IDENTITY OF THE APPLICANT ; 3
293		-
294		-	(2) APPROVE THE REQUEST ; 4
295		-
296		-	(2) (3) ISSUE TO THE REQUEST OR WRITTEN CONFIRMAT ION OF 5
297		-	REMOVAL; AND 6
298		-
299		-	(3) (4) NOTIFY THE CENTRAL REPOSITORY AND THE MARYLAND 7
300		-	STATE POLICE OF THE REQUESTOR ’S REMOVAL FROM THE R EGISTRY. 8
301		-
302		-	5–905. 9
303		-
304		-	(A) A PERSON MAY NOT : 10
305		-
306		-	(1) KNOWINGLY GIVE FALSE INFORMATION WITH THE INTENT OF 11
307		-	ENROLLING OR REMOVIN G ANOTHER PERSON FROM THE REGI STRY; OR 12
308		-
309		-	(2) DISCRIMINATE AGAINST ANY PERSON WITH RESP ECT TO HEALTH 13
310		-	CARE SERVICES , EMPLOYMENT , EDUCATION, HOUSING, INSURANCE, 14
311		-	GOVERNMENTAL BENEFIT S, OR CONTRACTING BECAU SE THAT PERSON IS 15
312		-	ENROLLED ON THE REGI STRY, IS NOT ENROLLED ON T HE REGISTRY , OR HAS 16
313		-	PREVIOUSLY BEEN ENRO LLED ON THE REGISTRY . 17
314		-
315		-	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 18
316		-	AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 19
317		-	FINE NOT EXCEEDING $1,000 OR BOTH. 20
318		-
319		-	5–906. 21
320		-
321		-	THE SECRETARY SHALL ADOPT REG ULATIONS TO CARRY OU T THE 22
322		-	PROVISIONS OF THIS S UBTITLE. 23
323		-
324		-	Article – General Provisions 24
325		-
326		-	4–325.1. 25
327		-
328		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
329		-	INDICATED. 27
330		-
331		-	(2) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 28
332		-	3–201 OF THE PUBLIC SAFETY ARTICLE. 29
	326	+	(1) THE INDIVIDUAL NAMED IN THE RECORD ; OR 29
333	327		8 HOUSE BILL 162
334	328
335	329
336		-	(3) ~~“POLICE OFFICER” HAS~~ THE ~~MEANING STAT ED IN § 3–201~~ OF THE 1
337		-	~~PUBLIC SAFETY ARTICLE~~. 2
	330	+	(2) THE ATTORNEY OF RECO RD OF THE INDIVIDUAL NAMED IN THE 1
	331	+	RECORD. 2
338	332
339		-	(4) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 3
340		-	FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THE PUBLIC SAFETY 4
341		-	ARTICLE. 5
	333	+	(D) THIS SECTION MAY NOT BE CONSTRUED TO PROHIBIT: 3
342	334
343		-	(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS SECTION, A 6
344		-	CUSTODIAN SHALL DENY INSPECTION OF AN APP LICATION TO BE ENROL LED INTO 7
345		-	OR REMOVED FROM THE REGISTRY AND ANY OTH ER PERSONAL IDENTIFY ING 8
346		-	INFORMATION CONTAINE D IN OR RELATED TO T HE REGISTRY. 9
	335	+	(1) A LAW ENFORCEMENT AG ENCY OR A POLICE OFF ICER FROM 4
	336	+	ACCESSING RECORDS RE LATING TO THE REGIST RY IN THE PERFORMANC E OF 5
	337	+	OFFICIAL DUTY; OR 6
347	338
348		-	(C) A CUSTODIAN SHALL ALLO W INSPECTION OF A RE CORD DESCRIBED IN 10
349		-	SUBSECTION (B) OF THIS SECTION BY : 11
	339	+	(2) THE DISCLOSURE THAT A PERSON IS OR IS NOT LISTED ON THE 7
	340	+	REGISTRY IN CONNECTI ON WITH A LAW ENFORCEM ENT FIREARM TRANSFER 8
	341	+	BACKGROUND CHECK . 9
350	342
351		-	(1) THE INDIVIDUAL NAMED IN THE RECORD ; OR 12
352		-
353		-	(2) THE ATTORNEY OF RECO RD OF THE INDIVIDUAL NAMED IN THE 13
354		-	RECORD. 14
355		-
356		-	(D) THIS SECTION MAY NOT BE CONSTRUED TO PROHIBIT: 15
357		-
358		-	(1) A LAW ENFORCEMENT AG ENCY OR A POLICE OFF ICER FROM 16
359		-	ACCESSING RECORDS RE LATING TO THE REGIST RY IN THE PERFORMANC E OF 17
360		-	OFFICIAL DUTY; OR 18
361		-
362		-	(2) THE DISCLOSURE THAT A PERSON IS OR IS NO T LISTED ON THE 19
363		-	REGISTRY IN CONNECTI ON WITH A LAW ENFORCEMENT FIREARM TRANSFER 20
364		-	BACKGROUND CHECK . 21
365		-
366		-	Article – Tax – General 22
367		-
368		-	13–203. 23
369		-
370		-	(c) Tax information may be disclosed to: 24
371		-
372		-	(1) an employee or officer of the State who, by reason of that employment 25
373		-	or office, has the right to the tax information; 26
374		-
375		-	(2) another tax collector; 27
376		-
377		-	(3) the Maryland Tax Court; 28
378		-
379		-	(4) a legal representative of the State, to review the tax information about 29
380		-	a taxpayer: 30 HOUSE BILL 162 9
381		-
382		-
383		-
384		-	(i) who applies for review under this title; 1
385		-
386		-	(ii) who appeals from a determination under this title; or 2
387		-
388		-	(iii) against whom an action to recover tax or a penalty is pending or 3
389		-	will be initiated under this title; 4
390		-
391		-	(5) any license issuing authority of the State required by State law to verify 5
392		-	through the Comptroller that an applicant has paid all undis puted taxes and 6
393		-	unemployment insurance contributions payable to the Comptroller or the Secretary of 7
394		-	Labor or that the applicant has provided for payment in a manner satisfactory to the unit 8
395		-	responsible for collection; 9
396		-
397		-	(6) a local official as defined in § 13–925 of this title to the extent necessary 10
398		-	to administer Subtitle 9, Part V of this title; 11
399		-
400		-	(7) a federal official as defined in § 13–930 of this title to the extent 12
401		-	necessary to administer Subtitle 9, Part VI of this title; 13
402		-
403		-	(8) the Maryland Department of Health in accordance with the federal 14
404		-	Children’s Health Insurance Program Reauthorization Act of 2009; 15
405		-
406		-	(9) the State Board of Individual Tax Preparers; 16
407		-
408		-	(10) the Alcohol and Tobacco Commission; 17
409		-
410		-	(11) the Maryland 9–1–1 Board; [and] 18
411		-
412		-	(12) a person or governmental entity authorized by the Comptroller in 19
413		-	writing to receive tax information for the purpose of identifying, preventing, or responding 20
414		-	to fraud, provided that the tax information is: 21
415		-
416		-	(i) anonymized to the extent possible consistent with the 22
417		-	information’s intended use; and 23
418		-
419		-	(ii) in addition to any other protections and safeguards under law, 24
420		-	subject to any protections and safeguards set forth by the Comptroller in the written 25
421		-	authorization; [and] 26
422		-
423		-	(13) the Maryland Higher Education Commission; AND 27
424		-
425		-	(14) THE MARYLAND DEPARTMENT OF HEALTH SOLELY TO VERI FY 28
426		-	THROUGH THE COMPTROLLER THE NAME AND ADDRESS OF APPLI CANTS TO THE 29
427		-	MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY UNDER TITLE 5, 30
428		-	SUBTITLE 9 OF THE PUBLIC SAFETY ARTICLE. 31 10 HOUSE BILL 162
429		-
430		-
431		-
432		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
433		-	October June 1, 2023. 2
434		-
435		-
436		-
437		-
438		-	Approved:
439		-	________________________________________________________________________________
440		-	Governor.
441		-	________________________________________________________________________________
442		-	Speaker of the House of Delegates.
443		-	________________________________________________________________________________
444		-	President of the Senate.
	343	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
	344	+	October 1, 2023. 11