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.
*hb0810*
HOUSE BILL 810
E1 4lr2369
By: The Speaker
Introduced and read first time: January 31, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2024
CHAPTER ______
AN ACT concerning 1
Criminal Law – Weapon Crimes Rapid–Fire Activator – Switch/Auto–Sear 2
FOR the purpose of authorizing a law enforcement unit to seize as contraband and dispose 3
of a certain switch/auto–sear in a certain manner; prohibiting a person from 4
transporting a switch/auto–sear into the State or manufacturing, possessing, selling, 5
offering to sell, transferring, purchasing, or receiving a switch/auto–sear; applying 6
certain penalties to a person who uses a switch/auto–sear in the commission of a 7
felony or a certain crime of violence altering the term “rapid fire trigger activator” to 8
be “rapid fire activator”; adding “switch/auto–sear” to the definition of “rapid fire 9
activator” for the purposes of certain prohibitions on rapid fire activators; and 10
generally relating to weapon crimes. 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Law 13
Section 4–301, 4–304 4–305.1, and 4–306 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY adding to 17
Article – Criminal Law 18
Section 4–305.2 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 2 HOUSE BILL 810
That the Laws of Maryland read as follows: 1
Article – Criminal Law 2
4–301. 3
(a) In this subtitle the following words have the meanings indicated. 4
(b) “Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the 5
Public Safety Article. 6
(c) “Assault pistol” means any of the following firearms or a copy regardless of 7
the producer or manufacturer: 8
(1) AA Arms AP–9 semiautomatic pistol; 9
(2) Bushmaster semiautomatic pistol; 10
(3) Claridge HI–TEC semiautomatic pistol; 11
(4) D Max Industries semiautomatic pistol; 12
(5) Encom MK–IV, MP–9, or MP–45 semiautomatic pistol; 13
(6) Heckler and Koch semiautomatic SP–89 pistol; 14
(7) Holmes MP–83 semiautomatic pistol; 15
(8) Ingram MAC 10/11 semiautomatic pistol and variations including the 16
Partisan Avenger and the SWD Cobray; 17
(9) Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation; 18
(10) P.A.W.S. type semiautomatic pistol; 19
(11) Skorpion semiautomatic pistol; 20
(12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell); 21
(13) UZI semiautomatic pistol; 22
(14) Weaver Arms semiautomatic Nighthawk pistol; or 23
(15) Wilkinson semiautomatic “Linda” pistol. 24
(d) “Assault weapon” means: 25
HOUSE BILL 810 3
(1) an assault long gun; 1
(2) an assault pistol; or 2
(3) a copycat weapon. 3
(e) “Binary trigger system” means a device that, when installed in or attached to 4
a firearm, fires both when the trigger is pulled and on release of the trigger. 5
(f) “Bump stock” means a device that, when installed in or attached to a firearm, 6
increases the rate of fire of the firearm by using energy from the recoil of the firearm to 7
generate a reciprocating action that facilitates repeated activation of the trigger. 8
(g) “Burst trigger system” means a device that, when installed in or attached to a 9
firearm, allows the firearm to discharge two or more shots with a single pull of the trigger 10
by altering the trigger reset. 11
(h) (1) “Copycat weapon” means: 12
(i) a semiautomatic centerfire rifle that can accept a detachable 13
magazine and has any two of the following: 14
1. a folding stock; 15
2. a grenade launcher or flare launcher; or 16
3. a flash suppressor; 17
(ii) a semiautomatic centerfire rifle that has a fixed magazine with 18
the capacity to accept more than 10 rounds; 19
(iii) a semiautomatic centerfire rifle that has an overall length of less 20
than 29 inches; 21
(iv) a semiautomatic pistol with a fixed magazine that can accept 22
more than 10 rounds; 23
(v) a semiautomatic shotgun that has a folding stock; or 24
(vi) a shotgun with a revolving cylinder. 25
(2) “Copycat weapon” does not include an assault long gun or an assault 26
pistol. 27
(i) “Detachable magazine” means an ammunition feeding device that can be 28
removed readily from a firearm without requiring disassembly of the firearm action or 29
without the use of a tool, including a bullet or cartridge. 30 4 HOUSE BILL 810
(j) “Flash suppressor” means a device that functions, or is intended to function, 1
to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision. 2
(k) “Hellfire trigger” means a device that, when installed in or attached to a 3
firearm, disengages the trigger return spring when the trigger is pulled. 4
(l) “Licensed firearms dealer” means a person who holds a dealer’s license under 5
Title 5, Subtitle 1 of the Public Safety Article. 6
(m) (1) “Rapid fire trigger activator” means any device, including a removable 7
manual or power–driven activating device, constructed so that, when installed in or 8
attached to a firearm: 9
(i) the rate at which the trigger is activated increases; or 10
(ii) the rate of fire increases. 11
(2) “Rapid fire trigger activator” includes a bump stock, trigger crank, 12
hellfire trigger, binary trigger system, burst trigger system, SWITCH/AUTO–SEAR, or a 13
copy or a similar device, regardless of the producer or manufacturer. 14
(3) “Rapid fire trigger activator” does not include a semiautomatic 15
replacement trigger that improves the performance and functionality over the stock trigger. 16
(N) “SWITCH/AUTO–SEAR” MEANS A DEVICE THAT IS DESIGNED AND 17
INTENDED FOR USE IN CONVERTING A FIREARM INTO A WEAPON THAT S HOOTS, IS 18
DESIGNED TO SHOOT , OR CAN BE READILY RE STORED TO SHOOT AUTO MATICALLY 19
MORE THAN ONE SHOT , WITHOUT MANUAL RELOA DING, BY A SINGLE FUNCTION OF 20
THE TRIGGER APPLIES FORCE TO A F IREARM’S TRIGGER BAR TO PRE VENT IT FROM 21
LIMITING THE WEAPON TO FIRING ONLY ONE R OUND EACH TIME THE T RIGGER IS 22
DEPRESSED. 23
[(n)] (O) “Trigger crank” means a device that, when installed in or attached to a 24
firearm, repeatedly activates the trigger of the firearm through the use of a crank, a lever, 25
or any other part that is turned in a circular motion. 26
4–304. 27
A law enforcement unit may seize as contraband and dispose of according to 28
regulation an assault weapon OR A SWITCH/AUTO–SEAR transported, sold, transferred, 29
purchased, received, or possessed in violation of this subtitle. 30
4–305.2. 31
A PERSON MAY NOT : 32 HOUSE BILL 810 5
(1) TRANSPORT A SWITCH/AUTO–SEAR INTO THE STATE; OR 1
(2) MANUFACTURE , POSSESS, SELL, OFFER TO SELL , TRANSFER, 2
PURCHASE, OR RECEIVE A SWITCH/AUTO–SEAR. 3
4–305.1. 4
(a) Except as provided in subsection (b) of this section, a person may not: 5
(1) transport a rapid fire [trigger] activator into the State; or 6
(2) manufacture, possess, sell, offer to sell, transfer, purchase, or receive a 7
rapid fire [trigger] activator. 8
(b) This section does not apply to the possession of a rapid fire [trigger] activator 9
by a person who: 10
(1) possessed the rapid fire [trigger] activator before October 1, 2018; 11
(2) applied to the federal Bureau of Alcohol, Tobacco, Firearms and 12
Explosives before October 1, 2018, for authorization to possess a rapid fire [trigger] 13
activator; 14
(3) received authorization to possess a rapid fire [trigger] activator from 15
the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2019; 16
and 17
(4) is in compliance with all federal requirements for possession of a rapid 18
fire [trigger] activator. 19
4–306. 20
(a) Except as otherwise provided in this subtitle, a person who violates this 21
subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not 22
exceeding 3 years or a fine not exceeding $5,000 or both. 23
(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, A 24
SWITCH/AUTO–SEAR, or a magazine that has a capacity of more than 10 rounds of 25
ammunition, in the commission of a felony or a crime of violence as defined in § 5–101 of 26
the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any 27
other sentence imposed for the felony or crime of violence, shall be sentenced under this 28
subsection. 29
(2) (i) For a first violation, the person shall be sentenced to 30
imprisonment for not less than 5 years and not exceeding 20 years. 31 6 HOUSE BILL 810
(ii) The court may not impose less than the minimum sentence of 5 1
years. 2
(iii) The mandatory minimum sentence of 5 years may not be 3
suspended. 4
(iv) Except as otherwise provided in § 4–305 of the Correctional 5
Services Article, the person is not eligible for parole in less than 5 years. 6
(3) (i) For each subsequent violation, the person shall be sentenced to 7
imprisonment for not less than 10 years and not exceeding 20 years. 8
(ii) The court may not impose less than the minimum sentence of 10 9
years. 10
(iii) A sentence imposed under this paragraph shall be consecutive to 11
and not concurrent with any other sentence imposed for the felony or crime of violence. 12
SECTION 2. AND BE IT FURTHER EN ACTED, That this Act shall take effect 13
October 1, 2024. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.