MD
Maryland House Bill HB794

Maryland 2024 Regular Session

Maryland House Bill HB794 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0794*
66
77 HOUSE BILL 794
88 E4 4lr3229
99 SB 159/23 – JPR CF 4lr3226
1010 By: Delegates Moon, Ebersole, and J. Lewis
1111 Introduced and read first time: January 31, 2024
1212 Assigned to: Judiciary
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Regulated Firearms – Maryland Voluntary Do Not Sell Firearm Process 2
1919
2020 FOR the purpose of requiring the Maryland Department of Health to create and maintain 3
2121 a Maryland Voluntary Do Not Sell Firearm Registry in which a person may 4
2222 voluntarily enroll for the purpose of being prohibited from obtaining a regulated 5
2323 firearm; prohibiting a dealer or other person from selling, renting, loaning, or 6
2424 transferring a regulated firearm to a purchaser, lessee, borrower, or transferee who 7
2525 the dealer or other person knows or has reason to believe is registered on the registry; 8
2626 prohibiting certain acts involving the giving of false information and discrimination 9
2727 relating to the registry; requiring a custodian of records to deny inspection of certain 10
2828 records relating to the registry; and generally relating to the Maryland Voluntary 11
2929 Do Not Sell Firearm Registry. 12
3030
3131 BY repealing and reenacting, with amendments, 13
3232 Article – Public Safety 14
3333 Section 5–134(b) 15
3434 Annotated Code of Maryland 16
3535 (2022 Replacement Volume and 2023 Supplement) 17
3636
3737 BY adding to 18
3838 Article – Public Safety 19
3939 Section 5–901 through 5–906 to be under the new subtitle “Subtitle 9. The Maryland 20
4040 Voluntary Do Not Sell Firearm Registry” 21
4141 Annotated Code of Maryland 22
4242 (2022 Replacement Volume and 2023 Supplement) 23
4343
4444 BY adding to 24
4545 Article – General Provisions 25
4646 Section 4–325.1 26
4747 Annotated Code of Maryland 27
4848 (2019 Replacement Volume and 2023 Supplement) 28 2 HOUSE BILL 794
4949
5050
5151
5252 BY repealing and reenacting, with amendments, 1
5353 Article – Tax – General 2
5454 Section 13–203(c) 3
5555 Annotated Code of Maryland 4
5656 (2022 Replacement Volume and 2023 Supplement) 5
5757
5858 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
5959 That the Laws of Maryland read as follows: 7
6060
6161 Article – Public Safety 8
6262
6363 5–134. 9
6464
6565 (b) A dealer or other person may not sell, rent, loan, or transfer a regulated 10
6666 firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 11
6767 or has reasonable cause to believe: 12
6868
6969 (1) is under the age of 21 years, unless the regulated firearm is loaned to a 13
7070 borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 14
7171
7272 (2) has been convicted of a disqualifying crime; 15
7373
7474 (3) has been convicted of a conspiracy to commit a felony; 16
7575
7676 (4) has been convicted of a violation classified as a common law crime and 17
7777 received a term of imprisonment of more than 2 years; 18
7878
7979 (5) is a fugitive from justice; 19
8080
8181 (6) is a habitual drunkard; 20
8282
8383 (7) is addicted to a controlled dangerous substance or is a habitual user; 21
8484
8585 (8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 22
8686 – General Article, and has a history of violent behavior against the purchaser, lessee, 23
8787 borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 24
8888 possesses a physician’s certificate that the recipient is capable of possessing a regulated 25
8989 firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 26
9090 another; 27
9191
9292 (9) has been confined for more than 30 consecutive days to a facility as 28
9393 defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 29
9494 or transferee possesses a physician’s certificate that the recipient is capable of possessing 30
9595 a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 31
9696 or to another; 32
9797 HOUSE BILL 794 3
9898
9999
100100 (10) is a respondent against whom a current non ex parte civil protective 1
101101 order has been entered under § 4–506 of the Family Law Article; 2
102102
103103 (11) if under the age of 30 years at the time of the transaction, has been 3
104104 adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 4
105105 committed by an adult; 5
106106
107107 (12) is visibly under the influence of alcohol or drugs; 6
108108
109109 (13) is a participant in a straw purchase; 7
110110
111111 (14) subject to subsection (c) of this section for a transaction under this 8
112112 subsection that is made on or after January 1, 2002, has not completed a certified firearms 9
113113 safety training course conducted free of charge by the Maryland Police Training and 10
114114 Standards Commission or that meets standards established by the Maryland Police 11
115115 Training and Standards Commission under § 3–207 of this article; [or] 12
116116
117117 (15) IS REGISTERED ON THE MARYLAND VOLUNTARY DO NOT SELL 13
118118 FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS TITLE; OR 14
119119
120120 [(15)] (16) intends to use the regulated firearm to: 15
121121
122122 (i) commit a crime; or 16
123123
124124 (ii) cause harm to the purchaser, lessee, transferee, or recipient or 17
125125 another person. 18
126126
127127 SUBTITLE 9. THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY. 19
128128
129129 5–901. 20
130130
131131 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
132132 INDICATED. 22
133133
134134 (B) “CENTRAL REPOSITORY” HAS THE MEANING STAT ED IN § 5–108 OF THIS 23
135135 TITLE. 24
136136
137137 (C) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF HEALTH. 25
138138
139139 (D) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 26
140140 FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS SUBTITLE. 27
141141
142142 (E) “REGULATED FIREARM ” HAS THE MEANING STAT ED IN § 5–101 OF THIS 28
143143 TITLE. 29
144144 4 HOUSE BILL 794
145145
146146
147147 (F) “SECRETARY” MEANS THE SECRETARY OF HEALTH OR THE 1
148148 SECRETARY’S DESIGNEE. 2
149149
150150 5–902. 3
151151
152152 ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL CREA TE AND 4
153153 MAINTAIN THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY IN 5
154154 WHICH A PERSON MAY V OLUNTARILY ENROLL FO R THE PURPOSE OF BEI NG 6
155155 PROHIBITED FROM OBTA INING A REGULATED FI REARM. 7
156156
157157 5–903. 8
158158
159159 (A) A REGISTRY APPLICANT S HALL: 9
160160
161161 (1) BE AT LEAST 18 YEARS OLD; AND 10
162162
163163 (2) SUBMIT TO THE DEPARTMENT A REGISTRY APPLICATION ON THE 11
164164 FORM THAT THE SECRETARY PROVIDES . 12
165165
166166 (B) (1) A REGISTRY APPLICATION SHALL CONTAIN THE AP PLICANT’S 13
167167 NAME, ADDRESS, SOCIAL SECURITY NUMBER , PLACE AND DATE OF BI RTH, HEIGHT, 14
168168 WEIGHT, RACE, EYE AND HAIR COLOR , SIGNATURE, DRIVER’S LICENSE OR 15
169169 PHOTOGRAPHIC IDENTIF ICATION SOUNDEX NUMB ER, AND OCCUPATION . 16
170170
171171 (2) IN A REGISTRY APPLICA TION, A REGISTRY APPLICANT SHALL 17
172172 ATTEST THAT: 18
173173
174174 (I) ALL THE INFORMATION CONTAINED IN THE APP LICATION IS 19
175175 TRUE; AND 20
176176
177177 (II) THE REGISTRY APPLICA NT IS AUTHORIZED TO SUBMIT AN 21
178178 APPLICATION. 22
179179
180180 (C) THE REGISTRY APPLICAT ION FORM SHALL INFOR M THE APPLICANT OF : 23
181181
182182 (1) THE PROCESS FOR REMO VAL FROM THE REGISTRY; AND 24
183183
184184 (2) THE PENALTIES SPECIF IED UNDER § 5–905 OF THIS SUBTITLE. 25
185185
186186 (D) WITHIN 5 DAYS AFTER RECEIVING A PROPERLY COMPLETED REGISTRY 26
187187 APPLICATION, THE SECRETARY SHALL : 27
188188 HOUSE BILL 794 5
189189
190190
191191 (1) IN COORDINATION WITH THE MOTOR VEHICLE ADMINISTRATION 1
192192 AND THE COMPTROLLE R, BEGINNING WITH THE MOTOR VEHICLE 2
193193 ADMINISTRATION ’S RECORDS, VERIFY THE IDENTITY OF THE APPLICANT ; 3
194194
195195 (2) APPROVE THE APPLICAT ION; 4
196196
197197 (3) ISSUE TO THE APPLICA NT WRITTEN CONFIRMAT ION OF 5
198198 APPROVAL; AND 6
199199
200200 (4) NOTIFY THE CENTRAL REPOSITORY AND THE MARYLAND STATE 7
201201 POLICE OF THE APPLICANT ’S PLACEMENT ON THE R EGISTRY. 8
202202
203203 5–904. 9
204204
205205 (A) TO BE REMOVED FROM TH E REGISTRY, A PERSON SHALL SUBMI T TO THE 10
206206 DEPARTMENT A REQUEST FOR REMOVAL FROM THE REGISTRY ON THE FORM THAT 11
207207 THE SECRETARY PROVIDES . 12
208208
209209 (B) PROMPTLY, BUT NOT SOON ER THAN 21 DAYS AFTER RECEIVING A 13
210210 PROPERLY COMPLETED R EQUEST FOR REMOVAL F ROM THE REGISTRY , THE 14
211211 SECRETARY SHALL : 15
212212
213213 (1) IN COORDINATION WITH THE MOTOR VEHICLE ADMINISTRATION 16
214214 AND THE COMPTROLLER , BEGINNING WITH THE MOTOR VEHICLE 17
215215 ADMINISTRATION ’S RECORDS, VERIFY THE IDENTITY OF THE APPLICANT ; 18
216216
217217 (2) APPROVE THE REQUEST ; 19
218218
219219 (3) ISSUE TO THE REQUEST OR WRITTEN CONFIRMAT ION OF 20
220220 REMOVAL; AND 21
221221
222222 (4) NOTIFY THE CENTRAL REPOSITORY AND THE MARYLAND STATE 22
223223 POLICE OF THE REQUESTOR ’S REMOVAL FROM THE R EGISTRY. 23
224224
225225 5–905. 24
226226
227227 (A) A PERSON MAY NOT : 25
228228
229229 (1) KNOWINGLY GIVE FALSE INFORMATION WITH THE INTENT OF 26
230230 ENROLLING OR REMOVIN G ANOTHER PERSON FRO M THE REGISTRY ; OR 27
231231
232232 (2) DISCRIMINATE AGAINST ANY PERSON WITH RESP ECT TO HEALTH 28
233233 CARE SERVICES , EMPLOYMENT , EDUCATION, HOUSING, INSURANCE, 29
234234 GOVERNMENTAL BENEFIT S, OR CONTRACTING BECAU SE THAT PERSON IS 30 6 HOUSE BILL 794
235235
236236
237237 ENROLLED ON THE REGI STRY, IS NOT ENROLLED ON T HE REGISTRY , OR HAS 1
238238 PREVIOUSLY BEEN ENRO LLED ON THE REGISTRY . 2
239239
240240 (B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 3
241241 AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 4
242242 FINE NOT EXCEEDING $1,000 OR BOTH. 5
243243
244244 5–906. 6
245245
246246 THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THE 7
247247 PROVISIONS OF THIS S UBTITLE. 8
248248
249249 Article – General Provisions 9
250250
251251 4–325.1. 10
252252
253253 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 11
254254 INDICATED. 12
255255
256256 (2) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 13
257257 3–201 OF THE PUBLIC SAFETY ARTICLE. 14
258258
259259 (3) “POLICE OFFICER” HAS THE MEANI NG STATED IN § 3–201 OF THE 15
260260 PUBLIC SAFETY ARTICLE. 16
261261
262262 (4) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 17
263263 FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THE PUBLIC SAFETY 18
264264 ARTICLE. 19
265265
266266 (B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS SECTION, A 20
267267 CUSTODIAN SHALL DENY INSPECTION OF AN APP LICATION TO BE ENROL LED INTO 21
268268 OR REMOVED FROM THE REGISTRY AND ANY OTH ER PERSONAL IDENTIFY ING 22
269269 INFORMATION CONTAINE D IN OR RELATED TO T HE REGISTRY. 23
270270
271271 (C) A CUSTODIAN SHALL ALLO W INSPECTION OF A RE CORD DESCRIBED IN 24
272272 SUBSECTION (B) OF THIS SECTION BY : 25
273273
274274 (1) THE INDIVIDUAL NAMED IN THE RECORD ; OR 26
275275
276276 (2) THE ATTORNEY OF RECO RD OF THE INDIVIDUAL NAMED IN THE 27
277277 RECORD. 28
278278
279279 (D) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT: 29
280280 HOUSE BILL 794 7
281281
282282
283283 (1) A LAW ENFORCEMENT AG ENCY OR A POLICE OFF ICER FROM 1
284284 ACCESSING RECORDS RE LATING TO THE REGIST RY IN THE PERFORMANC E OF 2
285285 OFFICIAL DUTY; OR 3
286286
287287 (2) THE DISCLOSURE THAT A PERSON IS OR IS NO T LISTED ON THE 4
288288 REGISTRY IN CONNECTI ON WITH A LAW ENFORC EMENT FIREARM TRANSF ER 5
289289 BACKGROUND CHECK . 6
290290
291291 Article – Tax – General 7
292292
293293 13–203. 8
294294
295295 (c) Tax information may be disclosed to: 9
296296
297297 (1) an employee or officer of the State who, by reason of that employment 10
298298 or office, has the right to the tax information; 11
299299
300300 (2) another tax collector; 12
301301
302302 (3) the Maryland Tax Court; 13
303303
304304 (4) a legal representative of the State, to review the tax information about 14
305305 a taxpayer: 15
306306
307307 (i) who applies for review under this title; 16
308308
309309 (ii) who appeals from a determination under this title; or 17
310310
311311 (iii) against whom an action to recover tax or a penalty is pending or 18
312312 will be initiated under this title; 19
313313
314314 (5) any license issuing authority of the State required by State law to verify 20
315315 through the Comptroller that an applicant has paid all undisputed taxes and 21
316316 unemployment insurance contributions payable to the Comptroller or the Secretary of 22
317317 Labor or that the applicant has provided for payment in a manner satisfactory to the unit 23
318318 responsible for collection; 24
319319
320320 (6) a local official as defined in § 13–925 of this title to the extent necessary 25
321321 to administer Subtitle 9, Part V of this title; 26
322322
323323 (7) a federal official as defined in § 13–930 of this title to the extent 27
324324 necessary to administer Subtitle 9, Part VI of this title; 28
325325
326326 (8) the Maryland Department of Health in accordance with the federal 29
327327 Children’s Health Insurance Program Reauthorization Act of 2009; 30
328328 8 HOUSE BILL 794
329329
330330
331331 (9) the State Board of Individual Tax Preparers; 1
332332
333333 (10) the Alcohol and Tobacco Commission; 2
334334
335335 (11) the Maryland 9–1–1 Board; 3
336336
337337 (12) a person or governmental entity authorized by the Comptroller in 4
338338 writing to receive tax information for the purpose of identifying, preventing, or responding 5
339339 to fraud, provided that the tax information is: 6
340340
341341 (i) anonymized to the extent possible consistent with the 7
342342 information’s intended use; and 8
343343
344344 (ii) in addition to any other protections and safeguards under law, 9
345345 subject to any protections and safeguards set forth by the Comptroller in the written 10
346346 authorization; 11
347347
348348 (13) the Maryland Higher Education Commission; 12
349349
350350 (14) a hospital, the Health Services Cost Review Commissio n, the 13
351351 Department of Human Services, the Maryland Department of Health, and the State 14
352352 Department of Education, to the extent necessary to administer § 19–214.4 of the Health – 15
353353 General Article; [and] 16
354354
355355 (15) subject to subsection (e) of this section, the Maryland Small Business 17
356356 Retirement Savings Board and its authorized contractors for the purpose of administering 18
357357 the Maryland Small Business Retirement Savings Program and Trust as authorized under 19
358358 Title 12 of the Labor and Employment Article; AND 20
359359
360360 (16) THE MARYLAND DEPARTMENT OF HEALTH SOLELY TO VERI FY 21
361361 THROUGH THE COMPTROLLER THE NAME AND ADDRESS OF APPLI CANTS TO THE 22
362362 MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY UNDER TITLE 5, 23
363363 SUBTITLE 9 OF THE PUBLIC SAFETY ARTICLE. 24
364364
365365 SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect June 25
366366 1, 2024. 26
367367
368368