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.
*hb0162*
HOUSE BILL 162
E4 3lr0596
CF SB 159
By: Delegates Moon, Barve, Chang, Feldmark, Ivey, Lehman, Palakovich Carr,
Ruth, Shetty, Stewart, Wilkins, and Young Young, Bartlett, Cardin,
Conaway, Kaufman, Pasteur, Simpson, Taylor, Toles, and Williams
Introduced and read first time: January 16, 2023
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2023
CHAPTER ______
AN ACT concerning 1
Firearms – Maryland Voluntary Do Not Sell Firearm Registry – Establishment 2
FOR the purpose of requiring the Maryland Department of State Police Health to create 3
and maintain a Maryland Voluntary Do Not Sell Firearm Registry in which a person 4
may voluntarily enroll for the purpose of being prohibited from obtaining a firearm; 5
prohibiting a dealer or other person from selling, renting, loaning, or transferring a 6
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person 7
knows or has reason to believe is registered on the registry; prohibiting certain acts 8
involving the giving of false information and discrimination relating to the registry; 9
requiring a custodian of records to deny inspection of certain records relating to the 10
registry; and generally relating to the Maryland Voluntary Do Not Sell Firearm 11
Registry. 12
BY repealing and reenacting, with amendments, 13
Article – Public Safety 14
Section 5–134(b) and 5–207(c) 15
Annotated Code of Maryland 16
(2022 Replacement Volume) 17
BY adding to 18
Article – Public Safety 19
Section 5–901 through 5–906 to be under the new subtitle “Subtitle 9. The Maryland 20
Voluntary Do Not Sell Firearm Registry” 21 2 HOUSE BILL 162
Annotated Code of Maryland 1
(2022 Replacement Volume) 2
BY adding to 3
Article – General Provisions 4
Section 4–325.1 5
Annotated Code of Maryland 6
(2019 Replacement Volume and 2022 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Tax – General 9
Section 13–203(c) 10
Annotated Code of Maryland 11
(2022 Replacement Volume) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Public Safety 15
5–134. 16
(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 17
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 18
or has reasonable cause to believe: 19
(1) is under the age of 21 years, unless the regulated firearm is loaned to a 20
borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 21
(2) has been convicted of a disqualifying crime; 22
(3) has been convicted of a conspiracy to commit a felony; 23
(4) has been convicted of a violation classified as a common law crime and 24
received a term of imprisonment of more than 2 years; 25
(5) is a fugitive from justice; 26
(6) is a habitual drunkard; 27
(7) is addicted to a controlled dangerous substance or is a habitual user; 28
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 29
– General Article, and has a history of violent behavior against the purchaser, lessee, 30
borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 31
possesses a physician’s certificate that the recipient is capable of possessing a regulated 32 HOUSE BILL 162 3
firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 1
another; 2
(9) has been confined for more than 30 consecutive days to a facility as 3
defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 4
or transferee possesses a physician’s certificate that the recipient is capable of possessing 5
a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 6
or to another; 7
(10) is a respondent against whom a current non ex parte civil protective 8
order has been entered under § 4–506 of the Family Law Article; 9
(11) if under the age of 30 years at the time of the transaction, has been 10
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 11
committed by an adult; 12
(12) is visibly under the influence of alcohol or drugs; 13
(13) is a participant in a straw purchase; 14
(14) subject to subsection (c) of this section for a transaction under this 15
subsection that is made on or after January 1, 2002, has not completed a certified firearms 16
safety training course conducted free of charge by the Maryland Police Training and 17
Standards Commission or that meets standards established by the Maryland Police 18
Training and Standards Commission under § 3–207 of this article; [or] 19
(15) IS REGISTERED ON THE MARYLAND VOLUNTARY DO NOT SELL 20
FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS TITLE; OR 21
[(15)] (16) intends to use the regulated firearm to: 22
(i) commit a crime; or 23
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 24
another person. 25
5–207. 26
(c) A licensee or any other person may not sell, rent, transfer, or loan a rifle or 27
shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person 28
knows or has reasonable cause to believe: 29
(1) has been convicted of a disqualifying crime, as defined in § 5–101 of this 30
title; 31
(2) has been convicted of a violation classified as a common law crime and 32
received a term of imprisonment of more than 2 years; 33 4 HOUSE BILL 162
(3) is a fugitive from justice; 1
(4) is a habitual drunkard as defined in § 5–101 of this title; 2
(5) is addicted to a controlled dangerous substance or is a habitual user as 3
defined in § 5–101 of this title; 4
(6) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 5
– General Article, and has a history of violent behavior against the purchaser, lessee, 6
transferee, recipient, or another, unless the purchaser, lessee, transferee, or recipient has 7
received a certificate from the Maryland Department of Health relieving the purchaser, 8
lessee, transferee, or recipient of the disqualification; 9
(7) has been found incompetent to stand trial under § 3–106 of the Criminal 10
Procedure Article, unless the purchaser, lessee, transferee, or recipient has received a 11
certificate from the Maryland Department of Health relieving the purchaser, lessee, 12
transferee, or recipient of the disqualification; 13
(8) has been found not criminally responsible under § 3–110 of the 14
Criminal Procedure Article, unless the purchaser, lessee, transferee, or recipient has 15
received a certificate from the Maryland Department of Health relieving the purchaser, 16
lessee, transferee, or recipient of the disqualification; 17
(9) has been voluntarily admitted for more than 30 consecutive days to a 18
facility as defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, 19
transferee, or recipient has received a certificate from the Maryland Department of Health 20
relieving the purchaser, lessee, transferee, or recipient of the disqualification; 21
(10) has been involuntarily committed for more than 30 consecutive days to 22
a facility as defined in § 10–101 of the Health – General Article, unless the purchaser, 23
lessee, transferee, or recipient has received a certificate from the Maryland Department of 24
Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; 25
(11) is under the protection of a guardian appointed by a court under § 26
13–201(c) or § 13–705 of the Estates and Trusts Article, except for cases in which the 27
appointment of a guardian is solely a result of a physical disability, unless the purchaser, 28
lessee, transferee, or recipient has received a certificate from the Maryland Department of 29
Health relieving the purchaser, lessee, transferee, or recipient of the disqualification; 30
(12) is a respondent against whom: 31
(i) a current non ex parte civil protective order has been entered 32
under § 4–506 of the Family Law Article; or 33
(ii) an order for protection, as defined in § 4–508.1 of the Family Law 34
Article, has been issued by a court of another state or Native American tribe and is in effect; 35 HOUSE BILL 162 5
(13) if under the age of 30 years at the time of the transaction, has been 1
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 2
committed by an adult; 3
(14) is visibly under the influence of alcohol or drugs; 4
(15) is a participant in a straw purchase; [or] 5
(16) IS REGISTERED ON THE MARYLAND VOLUNTARY DO NOT SELL 6
FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS TITLE; OR 7
[(16)] (17) intends to use the rifle or shotgun to: 8
(i) commit a crime; or 9
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 10
another person. 11
SUBTITLE 9. THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY. 12
5–901. 13
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(B) “CENTRAL REPOSITORY” HAS THE MEANING STAT ED IN § 5–108 OF THIS 16
TITLE. 17
(C) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF STATE 18
POLICE HEALTH. 19
(D) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 20
(E) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 21
FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS SUBTITLE. 22
(F) “SECRETARY” MEANS THE SECRETARY OF STATE POLICE HEALTH OR 23
THE SECRETARY’S DESIGNEE. 24
5–902. 25
THE ON OR BEFORE DECEMBER 31, 2023, THE DEPARTMENT SHALL CREA TE 26
AND MAINTAIN THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY IN 27 6 HOUSE BILL 162
WHICH A PERSON MAY V OLUNTARILY ENROLL FOR THE PURPOSE OF BEING 1
PROHIBITED FROM OBTA INING A FIREARM . 2
5–903. 3
(A) A REGISTRY APPLICANT S HALL: 4
(1) BE AT LEAST 18 YEARS OLD; AND 5
(2) SUBMIT TO THE DEPARTMENT A REGISTRY APPLICATION ON THE 6
FORM THAT THE SECRETARY PROVIDES . 7
(B) A REGISTRY APPLICATION SHALL CONTAIN THE AP PLICANT’S NAME, 8
ADDRESS, SOCIAL SECURITY NUMBER , PLACE AND DATE OF BI RTH, HEIGHT, 9
WEIGHT, RACE, EYE AND HAIR COLOR , SIGNATURE, DRIVER’S LICENSE OR 10
PHOTOGRAPHIC IDENTIF ICATION SOUNDEX NUMB ER, AND OCCUPATION . 11
(C) THE REGISTRY APPLICAT ION FORM SHALL INFOR M THE APPLICANT OF 12
THE PROCESS FOR REMO VAL FROM THE REGISTR Y. 13
(D) WITHIN 5 DAYS AFTER RECEIVING A PROPERLY COMPLETED REGISTRY 14
APPLICATION, THE SECRETARY SHALL : 15
(1) IN COORDINATION WITH THE MOTOR VEHICLE ADMINISTRATION 16
AND THE COMPTROLLER , BEGINNING WITH THE MOTOR VEHICLE 17
ADMINISTRATION ’S RECORDS, VERIFY THE IDENTITY OF THE APPLICANT ; 18
(2) APPROVE THE APPLICAT ION; 19
(2) (3) ISSUE TO THE APPLICA NT WRITTEN CONFIRMAT ION OF 20
APPROVAL; AND 21
(3) (4) NOTIFY THE CENTRAL REPOSITORY AND THE MARYLAND 22
STATE POLICE OF THE APPLICANT ’S PLACEMENT ON THE R EGISTRY. 23
5–904. 24
(A) TO BE REMOVED FROM TH E REGISTRY, A PERSON SHALL SUBMI T TO THE 25
DEPARTMENT A REQUEST FOR REMOVAL FROM THE REGISTRY ON THE FORM THAT 26
THE SECRETARY PROVIDES . 27
(B) PROMPTLY, BUT NOT SOONER THAN 21 DAYS AFTER RECEIVING A 28
PROPERLY COMPLETED R EQUEST FOR REMOVAL F ROM THE REGISTRY , THE 29
SECRETARY SHALL : 30 HOUSE BILL 162 7
(1) IN COORDINATION WITH THE MOTOR VEHICLE ADMINISTRATION 1
AND THE COMPTROLLER , BEGINNING WITH THE MOTOR VEHICLE 2
ADMINISTRATION ’S RECORDS, VERIFY THE IDENTITY OF THE APPLICANT ; 3
(2) APPROVE THE REQUEST ; 4
(2) (3) ISSUE TO THE REQUEST OR WRITTEN CONFIRMAT ION OF 5
REMOVAL; AND 6
(3) (4) NOTIFY THE CENTRAL REPOSITORY AND THE MARYLAND 7
STATE POLICE OF THE REQUESTOR ’S REMOVAL FROM THE R EGISTRY. 8
5–905. 9
(A) A PERSON MAY NOT : 10
(1) KNOWINGLY GIVE FALSE INFORMATION WITH THE INTENT OF 11
ENROLLING OR REMOVIN G ANOTHER PERSON FROM THE REGI STRY; OR 12
(2) DISCRIMINATE AGAINST ANY PERSON WITH RESP ECT TO HEALTH 13
CARE SERVICES , EMPLOYMENT , EDUCATION, HOUSING, INSURANCE, 14
GOVERNMENTAL BENEFIT S, OR CONTRACTING BECAU SE THAT PERSON IS 15
ENROLLED ON THE REGI STRY, IS NOT ENROLLED ON T HE REGISTRY , OR HAS 16
PREVIOUSLY BEEN ENRO LLED ON THE REGISTRY . 17
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 18
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 19
FINE NOT EXCEEDING $1,000 OR BOTH. 20
5–906. 21
THE SECRETARY SHALL ADOPT REG ULATIONS TO CARRY OU T THE 22
PROVISIONS OF THIS S UBTITLE. 23
Article – General Provisions 24
4–325.1. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 28
3–201 OF THE PUBLIC SAFETY ARTICLE. 29
8 HOUSE BILL 162
(3) “POLICE OFFICER” HAS THE MEANING STAT ED IN § 3–201 OF THE 1
PUBLIC SAFETY ARTICLE. 2
(4) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 3
FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THE PUBLIC SAFETY 4
ARTICLE. 5
(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS SECTION, A 6
CUSTODIAN SHALL DENY INSPECTION OF AN APP LICATION TO BE ENROL LED INTO 7
OR REMOVED FROM THE REGISTRY AND ANY OTH ER PERSONAL IDENTIFY ING 8
INFORMATION CONTAINE D IN OR RELATED TO T HE REGISTRY. 9
(C) A CUSTODIAN SHALL ALLO W INSPECTION OF A RE CORD DESCRIBED IN 10
SUBSECTION (B) OF THIS SECTION BY : 11
(1) THE INDIVIDUAL NAMED IN THE RECORD ; OR 12
(2) THE ATTORNEY OF RECO RD OF THE INDIVIDUAL NAMED IN THE 13
RECORD. 14
(D) THIS SECTION MAY NOT BE CONSTRUED TO PROHIBIT: 15
(1) A LAW ENFORCEMENT AG ENCY OR A POLICE OFF ICER FROM 16
ACCESSING RECORDS RE LATING TO THE REGIST RY IN THE PERFORMANC E OF 17
OFFICIAL DUTY; OR 18
(2) THE DISCLOSURE THAT A PERSON IS OR IS NO T LISTED ON THE 19
REGISTRY IN CONNECTI ON WITH A LAW ENFORCEMENT FIREARM TRANSFER 20
BACKGROUND CHECK . 21
Article – Tax – General 22
13–203. 23
(c) Tax information may be disclosed to: 24
(1) an employee or officer of the State who, by reason of that employment 25
or office, has the right to the tax information; 26
(2) another tax collector; 27
(3) the Maryland Tax Court; 28
(4) a legal representative of the State, to review the tax information about 29
a taxpayer: 30 HOUSE BILL 162 9
(i) who applies for review under this title; 1
(ii) who appeals from a determination under this title; or 2
(iii) against whom an action to recover tax or a penalty is pending or 3
will be initiated under this title; 4
(5) any license issuing authority of the State required by State law to verify 5
through the Comptroller that an applicant has paid all undis puted taxes and 6
unemployment insurance contributions payable to the Comptroller or the Secretary of 7
Labor or that the applicant has provided for payment in a manner satisfactory to the unit 8
responsible for collection; 9
(6) a local official as defined in § 13–925 of this title to the extent necessary 10
to administer Subtitle 9, Part V of this title; 11
(7) a federal official as defined in § 13–930 of this title to the extent 12
necessary to administer Subtitle 9, Part VI of this title; 13
(8) the Maryland Department of Health in accordance with the federal 14
Children’s Health Insurance Program Reauthorization Act of 2009; 15
(9) the State Board of Individual Tax Preparers; 16
(10) the Alcohol and Tobacco Commission; 17
(11) the Maryland 9–1–1 Board; [and] 18
(12) a person or governmental entity authorized by the Comptroller in 19
writing to receive tax information for the purpose of identifying, preventing, or responding 20
to fraud, provided that the tax information is: 21
(i) anonymized to the extent possible consistent with the 22
information’s intended use; and 23
(ii) in addition to any other protections and safeguards under law, 24
subject to any protections and safeguards set forth by the Comptroller in the written 25
authorization; [and] 26
(13) the Maryland Higher Education Commission; AND 27
(14) THE MARYLAND DEPARTMENT OF HEALTH SOLELY TO VERI FY 28
THROUGH THE COMPTROLLER THE NAME AND ADDRESS OF APPLI CANTS TO THE 29
MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY UNDER TITLE 5, 30
SUBTITLE 9 OF THE PUBLIC SAFETY ARTICLE. 31 10 HOUSE BILL 162
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October June 1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.