EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0794*
HOUSE BILL 794
E4 4lr3229
SB 159/23 – JPR CF 4lr3226
By: Delegates Moon, Ebersole, and J. Lewis
Introduced and read first time: January 31, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Regulated Firearms – Maryland Voluntary Do Not Sell Firearm Process 2
FOR the purpose of requiring the Maryland Department of Health to create and maintain 3
a Maryland Voluntary Do Not Sell Firearm Registry in which a person may 4
voluntarily enroll for the purpose of being prohibited from obtaining a regulated 5
firearm; prohibiting a dealer or other person from selling, renting, loaning, or 6
transferring a regulated firearm to a purchaser, lessee, borrower, or transferee who 7
the dealer or other person knows or has reason to believe is registered on the registry; 8
prohibiting certain acts involving the giving of false information and discrimination 9
relating to the registry; requiring a custodian of records to deny inspection of certain 10
records relating to the registry; and generally relating to the Maryland Voluntary 11
Do Not Sell Firearm Registry. 12
BY repealing and reenacting, with amendments, 13
Article – Public Safety 14
Section 5–134(b) 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 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
Annotated Code of Maryland 22
(2022 Replacement Volume and 2023 Supplement) 23
BY adding to 24
Article – General Provisions 25
Section 4–325.1 26
Annotated Code of Maryland 27
(2019 Replacement Volume and 2023 Supplement) 28 2 HOUSE BILL 794
BY repealing and reenacting, with amendments, 1
Article – Tax – General 2
Section 13–203(c) 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Public Safety 8
5–134. 9
(b) A dealer or other person may not sell, rent, loan, or transfer a regulated 10
firearm to a purchaser, lessee, borrower, or transferee who the dealer or other person knows 11
or has reasonable cause to believe: 12
(1) is under the age of 21 years, unless the regulated firearm is loaned to a 13
borrower who may possess the regulated firearm under § 5–133(d) of this subtitle; 14
(2) has been convicted of a disqualifying crime; 15
(3) has been convicted of a conspiracy to commit a felony; 16
(4) has been convicted of a violation classified as a common law crime and 17
received a term of imprisonment of more than 2 years; 18
(5) is a fugitive from justice; 19
(6) is a habitual drunkard; 20
(7) is addicted to a controlled dangerous substance or is a habitual user; 21
(8) suffers from a mental disorder as defined in § 10–101(i)(2) of the Health 22
– General Article, and has a history of violent behavior against the purchaser, lessee, 23
borrower, or transferee or another, unless the purchaser, lessee, borrower, or transferee 24
possesses a physician’s certificate that the recipient is capable of possessing a regulated 25
firearm without undue danger to the purchaser, lessee, borrower, or transferee or to 26
another; 27
(9) has been confined for more than 30 consecutive days to a facility as 28
defined in § 10–101 of the Health – General Article, unless the purchaser, lessee, borrower, 29
or transferee possesses a physician’s certificate that the recipient is capable of possessing 30
a regulated firearm without undue danger to the purchaser, lessee, borrower, or transferee 31
or to another; 32
HOUSE BILL 794 3
(10) is a respondent against whom a current non ex parte civil protective 1
order has been entered under § 4–506 of the Family Law Article; 2
(11) if under the age of 30 years at the time of the transaction, has been 3
adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if 4
committed by an adult; 5
(12) is visibly under the influence of alcohol or drugs; 6
(13) is a participant in a straw purchase; 7
(14) subject to subsection (c) of this section for a transaction under this 8
subsection that is made on or after January 1, 2002, has not completed a certified firearms 9
safety training course conducted free of charge by the Maryland Police Training and 10
Standards Commission or that meets standards established by the Maryland Police 11
Training and Standards Commission under § 3–207 of this article; [or] 12
(15) IS REGISTERED ON THE MARYLAND VOLUNTARY DO NOT SELL 13
FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS TITLE; OR 14
[(15)] (16) intends to use the regulated firearm to: 15
(i) commit a crime; or 16
(ii) cause harm to the purchaser, lessee, transferee, or recipient or 17
another person. 18
SUBTITLE 9. THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY. 19
5–901. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(B) “CENTRAL REPOSITORY” HAS THE MEANING STAT ED IN § 5–108 OF THIS 23
TITLE. 24
(C) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF HEALTH. 25
(D) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 26
FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THIS SUBTITLE. 27
(E) “REGULATED FIREARM ” HAS THE MEANING STAT ED IN § 5–101 OF THIS 28
TITLE. 29
4 HOUSE BILL 794
(F) “SECRETARY” MEANS THE SECRETARY OF HEALTH OR THE 1
SECRETARY’S DESIGNEE. 2
5–902. 3
ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL CREA TE AND 4
MAINTAIN THE MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY IN 5
WHICH A PERSON MAY V OLUNTARILY ENROLL FO R THE PURPOSE OF BEI NG 6
PROHIBITED FROM OBTA INING A REGULATED FI REARM. 7
5–903. 8
(A) A REGISTRY APPLICANT S HALL: 9
(1) BE AT LEAST 18 YEARS OLD; AND 10
(2) SUBMIT TO THE DEPARTMENT A REGISTRY APPLICATION ON THE 11
FORM THAT THE SECRETARY PROVIDES . 12
(B) (1) A REGISTRY APPLICATION SHALL CONTAIN THE AP PLICANT’S 13
NAME, ADDRESS, SOCIAL SECURITY NUMBER , PLACE AND DATE OF BI RTH, HEIGHT, 14
WEIGHT, RACE, EYE AND HAIR COLOR , SIGNATURE, DRIVER’S LICENSE OR 15
PHOTOGRAPHIC IDENTIF ICATION SOUNDEX NUMB ER, AND OCCUPATION . 16
(2) IN A REGISTRY APPLICA TION, A REGISTRY APPLICANT SHALL 17
ATTEST THAT: 18
(I) ALL THE INFORMATION CONTAINED IN THE APP LICATION IS 19
TRUE; AND 20
(II) THE REGISTRY APPLICA NT IS AUTHORIZED TO SUBMIT AN 21
APPLICATION. 22
(C) THE REGISTRY APPLICAT ION FORM SHALL INFOR M THE APPLICANT OF : 23
(1) THE PROCESS FOR REMO VAL FROM THE REGISTRY; AND 24
(2) THE PENALTIES SPECIF IED UNDER § 5–905 OF THIS SUBTITLE. 25
(D) WITHIN 5 DAYS AFTER RECEIVING A PROPERLY COMPLETED REGISTRY 26
APPLICATION, THE SECRETARY SHALL : 27
HOUSE BILL 794 5
(1) IN COORDINATION WITH THE MOTOR VEHICLE ADMINISTRATION 1
AND THE COMPTROLLE R, BEGINNING WITH THE MOTOR VEHICLE 2
ADMINISTRATION ’S RECORDS, VERIFY THE IDENTITY OF THE APPLICANT ; 3
(2) APPROVE THE APPLICAT ION; 4
(3) ISSUE TO THE APPLICA NT WRITTEN CONFIRMAT ION OF 5
APPROVAL; AND 6
(4) NOTIFY THE CENTRAL REPOSITORY AND THE MARYLAND STATE 7
POLICE OF THE APPLICANT ’S PLACEMENT ON THE R EGISTRY. 8
5–904. 9
(A) TO BE REMOVED FROM TH E REGISTRY, A PERSON SHALL SUBMI T TO THE 10
DEPARTMENT A REQUEST FOR REMOVAL FROM THE REGISTRY ON THE FORM THAT 11
THE SECRETARY PROVIDES . 12
(B) PROMPTLY, BUT NOT SOON ER THAN 21 DAYS AFTER RECEIVING A 13
PROPERLY COMPLETED R EQUEST FOR REMOVAL F ROM THE REGISTRY , THE 14
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 REQUEST ; 19
(3) ISSUE TO THE REQUEST OR WRITTEN CONFIRMAT ION OF 20
REMOVAL; AND 21
(4) NOTIFY THE CENTRAL REPOSITORY AND THE MARYLAND STATE 22
POLICE OF THE REQUESTOR ’S REMOVAL FROM THE R EGISTRY. 23
5–905. 24
(A) A PERSON MAY NOT : 25
(1) KNOWINGLY GIVE FALSE INFORMATION WITH THE INTENT OF 26
ENROLLING OR REMOVIN G ANOTHER PERSON FRO M THE REGISTRY ; OR 27
(2) DISCRIMINATE AGAINST ANY PERSON WITH RESP ECT TO HEALTH 28
CARE SERVICES , EMPLOYMENT , EDUCATION, HOUSING, INSURANCE, 29
GOVERNMENTAL BENEFIT S, OR CONTRACTING BECAU SE THAT PERSON IS 30 6 HOUSE BILL 794
ENROLLED ON THE REGI STRY, IS NOT ENROLLED ON T HE REGISTRY , OR HAS 1
PREVIOUSLY BEEN ENRO LLED ON THE REGISTRY . 2
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 3
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 1 YEAR OR A 4
FINE NOT EXCEEDING $1,000 OR BOTH. 5
5–906. 6
THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THE 7
PROVISIONS OF THIS S UBTITLE. 8
Article – General Provisions 9
4–325.1. 10
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(2) “LAW ENFORCEMENT AGENC Y” HAS THE MEANING STAT ED IN § 13
3–201 OF THE PUBLIC SAFETY ARTICLE. 14
(3) “POLICE OFFICER” HAS THE MEANI NG STATED IN § 3–201 OF THE 15
PUBLIC SAFETY ARTICLE. 16
(4) “REGISTRY” MEANS THE MARYLAND VOLUNTARY DO NOT SELL 17
FIREARM REGISTRY ESTABLISHED UNDER § 5–902 OF THE PUBLIC SAFETY 18
ARTICLE. 19
(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS SECTION, A 20
CUSTODIAN SHALL DENY INSPECTION OF AN APP LICATION TO BE ENROL LED INTO 21
OR REMOVED FROM THE REGISTRY AND ANY OTH ER PERSONAL IDENTIFY ING 22
INFORMATION CONTAINE D IN OR RELATED TO T HE REGISTRY. 23
(C) A CUSTODIAN SHALL ALLO W INSPECTION OF A RE CORD DESCRIBED IN 24
SUBSECTION (B) OF THIS SECTION BY : 25
(1) THE INDIVIDUAL NAMED IN THE RECORD ; OR 26
(2) THE ATTORNEY OF RECO RD OF THE INDIVIDUAL NAMED IN THE 27
RECORD. 28
(D) THIS SECTION MAY NOT BE CONSTRUED TO PROH IBIT: 29
HOUSE BILL 794 7
(1) A LAW ENFORCEMENT AG ENCY OR A POLICE OFF ICER FROM 1
ACCESSING RECORDS RE LATING TO THE REGIST RY IN THE PERFORMANC E OF 2
OFFICIAL DUTY; OR 3
(2) THE DISCLOSURE THAT A PERSON IS OR IS NO T LISTED ON THE 4
REGISTRY IN CONNECTI ON WITH A LAW ENFORC EMENT FIREARM TRANSF ER 5
BACKGROUND CHECK . 6
Article – Tax – General 7
13–203. 8
(c) Tax information may be disclosed to: 9
(1) an employee or officer of the State who, by reason of that employment 10
or office, has the right to the tax information; 11
(2) another tax collector; 12
(3) the Maryland Tax Court; 13
(4) a legal representative of the State, to review the tax information about 14
a taxpayer: 15
(i) who applies for review under this title; 16
(ii) who appeals from a determination under this title; or 17
(iii) against whom an action to recover tax or a penalty is pending or 18
will be initiated under this title; 19
(5) any license issuing authority of the State required by State law to verify 20
through the Comptroller that an applicant has paid all undisputed taxes and 21
unemployment insurance contributions payable to the Comptroller or the Secretary of 22
Labor or that the applicant has provided for payment in a manner satisfactory to the unit 23
responsible for collection; 24
(6) a local official as defined in § 13–925 of this title to the extent necessary 25
to administer Subtitle 9, Part V of this title; 26
(7) a federal official as defined in § 13–930 of this title to the extent 27
necessary to administer Subtitle 9, Part VI of this title; 28
(8) the Maryland Department of Health in accordance with the federal 29
Children’s Health Insurance Program Reauthorization Act of 2009; 30
8 HOUSE BILL 794
(9) the State Board of Individual Tax Preparers; 1
(10) the Alcohol and Tobacco Commission; 2
(11) the Maryland 9–1–1 Board; 3
(12) a person or governmental entity authorized by the Comptroller in 4
writing to receive tax information for the purpose of identifying, preventing, or responding 5
to fraud, provided that the tax information is: 6
(i) anonymized to the extent possible consistent with the 7
information’s intended use; and 8
(ii) in addition to any other protections and safeguards under law, 9
subject to any protections and safeguards set forth by the Comptroller in the written 10
authorization; 11
(13) the Maryland Higher Education Commission; 12
(14) a hospital, the Health Services Cost Review Commissio n, the 13
Department of Human Services, the Maryland Department of Health, and the State 14
Department of Education, to the extent necessary to administer § 19–214.4 of the Health – 15
General Article; [and] 16
(15) subject to subsection (e) of this section, the Maryland Small Business 17
Retirement Savings Board and its authorized contractors for the purpose of administering 18
the Maryland Small Business Retirement Savings Program and Trust as authorized under 19
Title 12 of the Labor and Employment Article; AND 20
(16) THE MARYLAND DEPARTMENT OF HEALTH SOLELY TO VERI FY 21
THROUGH THE COMPTROLLER THE NAME AND ADDRESS OF APPLI CANTS TO THE 22
MARYLAND VOLUNTARY DO NOT SELL FIREARM REGISTRY UNDER TITLE 5, 23
SUBTITLE 9 OF THE PUBLIC SAFETY ARTICLE. 24
SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect June 25
1, 2024. 26