EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0546*
HOUSE BILL 546
E4 4lr2937
CF SB 324
By: Delegate Williams
Introduced and read first time: January 24, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Handgun Permits – Accidental Discharge and Training Requirements – 2
Maryland State Police Gun Center 3
(Firearm Safety Act of 2024) 4
FOR the purpose of requiring a person who holds a handgun permit to register for and 5
complete a certain firearms safety training course within a certain time if the person 6
accidentally discharges a firearm; requiring the Secretary of State Police to revoke a 7
handgun permit of a certain person who fails to successfully complete a certain 8
firearms safety training course; requiring the Secretary to provide certain written 9
notice to a person whose handgun permit is revoked; authorizing the Secretary to 10
reinstate a person’s handgun permit if certain requirements are satisfied; requiring 11
law enforcement agencies to report certain information to the Maryland State Police 12
Gun Center; requiring the Center to report certain information to the Department of 13
State Police’s Licensing Division; requiring the Secretary to coordinate with the 14
Center and law enforcement agencies to implement the provisions of this Act; 15
expanding the tracking, screening, and vetting requirements of the Center; and 16
generally relating to handgun permits. 17
BY repealing and reenacting, without amendments, 18
Article – Public Safety 19
Section 5–101(a) and (h) and 5–301 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2023 Supplement) 22
BY adding to 23
Article – Public Safety 24
Section 5–315 25
Annotated Code of Maryland 26
(2022 Replacement Volume and 2023 Supplement) 27
BY repealing and reenacting, with amendments, 28 2 HOUSE BILL 546
Article – Public Safety 1
Section 5–801, 5–802, and 5–803 2
Annotated Code of Maryland 3
(2022 Replacement Volume and 2023 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Public Safety 7
5–101. 8
(a) In this subtitle the following words have the meanings indicated. 9
(h) (1) “Firearm” means: 10
(i) a weapon that expels, is designed to expel, or may readily be 11
converted to expel a projectile by the action of an explosive; 12
(ii) the frame or receiver of such a weapon; or 13
(iii) an unfinished frame or receiver, as defined in § 5–701 of this title. 14
(2) “Firearm” includes a starter gun. 15
5–301. 16
(a) In this subtitle the following words have the meanings indicated. 17
(b) “Handgun” has the meaning stated in § 4–201 of the Criminal Law Article. 18
(c) “Permit” means a permit issued by the Secretary to carry, wear, or transport 19
a handgun. 20
(d) “Qualified handgun instructor” has the meaning stated in § 5–101 of this title. 21
(e) “Secretary” means the Secretary of State Police or the Secretary’s designee. 22
5–315. 23
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 24
INDICATED. 25
(2) “ACCIDENTAL DISCHARGE ” MEANS THE UNINTENDED 26
DISCHARGING OF A FIR EARM THAT CAUSES : 27
HOUSE BILL 546 3
(I) INJURY TO OR DEATH O F A PERSON; OR 1
(II) PROPERTY DAMAGE . 2
(3) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 3
(B) IF THERE IS AN ACCIDE NTAL DISCHARGE BY A PERSON WHO HOLDS A 4
PERMIT, THE PERSON SHALL : 5
(1) REGISTER FOR A CERTI FIED FIREARMS SAFETY TRAINING 6
COURSE WITHIN 90 DAYS AFTER THE INCID ENT; AND 7
(2) SUCCESSFULLY COMPLET E THE FIREARMS SAFET Y TRAINING 8
COURSE WITHIN 6 MONTHS AFTER THE INC IDENT. 9
(C) THE CERTIFIED FIREARM S SAFETY TRAINING CO URSE REQUI RED 10
UNDER SUBSECTION (B) OF THIS SECTION SHAL L BE APPROVED BY THE SECRETARY 11
AND SHALL INCLUDE : 12
(1) A MINIMUM OF 4 HOURS OF INSTRUCTION BY A QUALIFIED 13
HANDGUN INSTRUCTOR ; 14
(2) CLASSROOM INSTRUCTIO N ON HANDGUN MECHANI SMS AND 15
OPERATION, INCLUDING: 16
(I) THE PROPER OPERATION AND SAFE HANDLING OF A 17
HANDGUN; 18
(II) THE CLEANING AND MAI NTENANCE OF A HANDGU N; 19
(III) THE LOADING AND UNLO ADING OF AMMUNITION ; AND 20
(IV) THE DIFFERENCES BETW EEN REVOLVERS AND 21
SEMIAUTOMATIC HANDGU NS; AND 22
(3) AN ORIENTATION COMPO NENT THAT DEMONSTRAT ES THE 23
PERSON’S SAFE OPERATION AND HANDLING OF A FIREAR M, INCLUDING A “LIVE 24
FIRE” COMPONENT , IN WHICH THE PERSON SAFELY SHOOTS THE FI REARM. 25
(D) (1) THE SECRETARY SHALL REVOK E A PERMIT OF A PERS ON WHO 26
FAILS TO SATISFY THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION. 27
4 HOUSE BILL 546
(2) (I) THE SECRETARY SHALL PROVI DE WRITTEN NOTIFICAT ION 1
TO A PERSON WHOSE PE RMIT IS REVOKED UNDE R THIS SUBSECTION . 2
(II) A WRITTEN NOTICE OF RE VOCATION SHALL CONTA IN THE 3
REASONS THE PERMIT W AS REVOKED AND A STATEM ENT OF THE PERSON ’S APPEAL 4
RIGHTS. 5
(3) THE SECRETARY MAY REINSTA TE A PERMIT THAT HAS BEEN 6
REVOKED UNDER THIS S UBSECTION IF THE PER SON SATISFIES THE RE QUIREMENTS 7
OF SUBSECTION (B) OF THIS SECTION. 8
(E) THE SECRETARY MAY INCORPO RATE AN EXISTING CERTIFIE D 9
FIREARMS SAFETY TRAI NING COURSE TO SATIS FY THE TRAINING COUR SE 10
REQUIREMENTS OF SUBS ECTION (C) OF THIS SECTION. 11
(F) (1) A LAW ENFORCEMENT AGEN CY SHALL REPORT TO T HE 12
MARYLAND STATE POLICE GUN CENTER EACH ACCIDENTA L DISCHARGE THAT IS 13
COMMITTED IN THE JUR ISDICTION OF THE LAW ENFORCEMENT AGENCY . 14
(2) THE MARYLAND STATE POLICE GUN CENTER SHALL REPORT A LL 15
ACCIDENTAL DISCHARGE S TO THE DEPARTMENT OF STATE POLICE’S LICENSING 16
DIVISION. 17
(G) THE SECRETARY SHALL COORD INATE WITH THE MARYLAND STATE 18
POLICE GUN CENTER AND LAW ENFORC EMENT AGENCIES TO IM PLEMENT THE 19
PROVISIONS OF THIS S ECTION. 20
5–801. 21
(a) In this subtitle the following words have the meanings indicated. 22
(B) “ACCIDENTAL DISCHARGE ” HAS THE MEANING STAT ED IN § 5–315 OF 23
THIS TITLE. 24
[(b)] (C) “Center” means the Maryland State Police Gun Center. 25
[(c)] (D) “Crime firearm” means a firearm that is: 26
(1) used in the commission of a crime of violence, as defined in § 5–101 of 27
this title; or 28
(2) recovered by a law enforcement agency in connection with illegal 29
firearm possession, transportation, or transfer. 30
HOUSE BILL 546 5
[(d)] (E) “Department” means the Department of State Police. 1
[(e)] (F) “Federally licensed firearms dealer” means a person licensed by the 2
federal Bureau of Alcohol, Tobacco, Firearms and Explosives to deal in firearms. 3
[(f)] (G) “Federally licensed firearms importer” means a person licensed by the 4
federal Bureau of Alcohol, Tobacco, Firearms and Explosives to import firearms. 5
[(g)] (H) “Final protective order” has the meaning stated in § 4–501 of the Family 6
Law Article. 7
[(h)] (I) “Law enforcement agency” has the meaning stated in § 3–201 of this 8
article. 9
5–802. 10
(a) The Center is established within the Department as a statewide firearms 11
enforcement center for the tracking, screening, and vetting of all: 12
(1) firearm crimes committed in the State; [and] 13
(2) firearms surrendered under final protective orders in the State; AND 14
(3) ACCIDENTAL DISCHARGE S IN THE STATE. 15
(b) This subtitle shall be liberally construed and applied to promote its underlying 16
purposes and policies. 17
5–803. 18
(a) The Center shall create and maintain a statewide database to track 19
information on crimes committed with crime firearms [and], firearms surrendered under 20
final protective orders, AND ACCIDENTAL DISCH ARGES in the State. 21
(b) Each law enforcement agency shall report to the Center the following 22
information on crimes committed in the jurisdiction of the law enforcement agency with 23
crime firearms: 24
(1) the number and type of crime firearms; 25
(2) the jurisdictions where crime firearms are recovered; 26
(3) the sources of the crime firearms recovered, if discoverable, including: 27
(i) the federally licensed firearms importer; 28
6 HOUSE BILL 546
(ii) the federally licensed firearms dealer; and 1
(iii) the first purchaser of the crime firearm; 2
(4) information regarding the individual found in possession of the crime 3
firearm, including: 4
(i) the individual’s age; 5
(ii) the individual’s jurisdiction of residence; 6
(iii) the jurisdiction where the individual is charged; and 7
(iv) whether the individual was prohibited from possessing a firearm; 8
and 9
(5) any other information requested by the Center. 10
(c) Each law enforcement agency shall report to the Center the following 11
information on firearms surrendered under final protective orders issued in the jurisdiction 12
of the law enforcement agency: 13
(1) the number and type of firearms; 14
(2) the jurisdictions where firearms are surrendered; and 15
(3) information regarding the individual who surrendered each firearm, 16
including: 17
(i) the individual’s age; 18
(ii) the individual’s jurisdiction of residence; and 19
(iii) any other information requested by the Center. 20
(D) EACH LAW ENFORCEMENT AGENCY S HALL REPORT TO THE CENTER THE 21
FOLLOWING INFORMATIO N ON ACCIDENTAL DISC HARGES IN THE JURISD ICTION OF 22
THE LAW ENFORCEMENT AGENCY: 23
(1) THE NUMBER AND TYPE OF FIREARMS; 24
(2) THE JURISDICTIONS WH ERE ACCIDENTAL DISCH ARGES 25
OCCURRED; AND 26
(3) INFORMATION REGARDIN G THE INDIVIDUAL WHO COMMITTED 27
THE ACCIDENTAL DISCH ARGE, INCLUDING: 28 HOUSE BILL 546 7
(I) THE INDIVIDUAL ’S AGE; 1
(II) THE INDIVIDUAL ’S JURISDICTION OF RE SIDENCE; AND 2
(III) ANY OTHER INFORMATIO N REQUESTED BY THE CENTER. 3
[(d)] (E) The Center may require a law enforcement agency to report any other 4
information relating to firearm crimes committed in the jurisdiction of the law enforcement 5
agency to assist the Center in the tracking of firearm crimes committed in the State. 6
[(e)] (F) The Center shall designate how often law enforcement agencies are 7
required to report the information required under this section. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2025. 10