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.
Italics indicate opposite chamber/conference committee amendments.
*hb0810*
HOUSE BILL 810
E1 (4lr2369)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by The Speaker
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 810
Annotated Code of Maryland 1
(2021 Replacement Volume and 2023 Supplement) 2
BY adding to 3
Article – Criminal Law 4
Section 4–305.2 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2023 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Criminal Law 10
4–301. 11
(a) In this subtitle the following words have the meanings indicated. 12
(b) “Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the 13
Public Safety Article. 14
(c) “Assault pistol” means any of the following firearms or a copy regardless of 15
the producer or manufacturer: 16
(1) AA Arms AP–9 semiautomatic pistol; 17
(2) Bushmaster semiautomatic pistol; 18
(3) Claridge HI–TEC semiautomatic pistol; 19
(4) D Max Industries semiautomatic pistol; 20
(5) Encom MK–IV, MP–9, or MP–45 semiautomatic pistol; 21
(6) Heckler and Koch semiautomatic SP–89 pistol; 22
(7) Holmes MP–83 semiautomatic pistol; 23
(8) Ingram MAC 10/11 semiautomatic pistol and variations including the 24
Partisan Avenger and the SWD Cobray; 25
(9) Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation; 26
(10) P.A.W.S. type semiautomatic pistol; 27
(11) Skorpion semiautomatic pistol; 28
HOUSE BILL 810 3
(12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell); 1
(13) UZI semiautomatic pistol; 2
(14) Weaver Arms semiautomatic Nighthawk pistol; or 3
(15) Wilkinson semiautomatic “Linda” pistol. 4
(d) “Assault weapon” means: 5
(1) an assault long gun; 6
(2) an assault pistol; or 7
(3) a copycat weapon. 8
(e) “Binary trigger system” means a device that, when installed in or attached to 9
a firearm, fires both when the trigger is pulled and on release of the trigger. 10
(f) “Bump stock” means a device that, when installed in or attached to a firearm, 11
increases the rate of fire of the firearm by using energy from the recoil of the firearm to 12
generate a reciprocating action that facilitates repeated activation of the trigger. 13
(g) “Burst trigger system” means a device that, when installed in or attached to a 14
firearm, allows the firearm to discharge two or more shots with a single pull of the trigger 15
by altering the trigger reset. 16
(h) (1) “Copycat weapon” means: 17
(i) a semiautomatic centerfire rifle that can accept a detachable 18
magazine and has any two of the following: 19
1. a folding stock; 20
2. a grenade launcher or flare launcher; or 21
3. a flash suppressor; 22
(ii) a semiautomatic centerfire rifle that has a fixed magazine with 23
the capacity to accept more than 10 rounds; 24
(iii) a semiautomatic centerfire rifle that has an overall length of less 25
than 29 inches; 26
(iv) a semiautomatic pistol with a fixed magazine that can accept 27
more than 10 rounds; 28
4 HOUSE BILL 810
(v) a semiautomatic shotgun that has a folding stock; or 1
(vi) a shotgun with a revolving cylinder. 2
(2) “Copycat weapon” does not include an assault long gun or an assault 3
pistol. 4
(i) “Detachable magazine” means an ammunition feeding device that can be 5
removed readily from a firearm without requiring disassembly of the firearm action or 6
without the use of a tool, including a bullet or cartridge. 7
(j) “Flash suppressor” means a device that functions, or is intended to function, 8
to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision. 9
(k) “Hellfire trigger” means a device that, when installed in or attached to a 10
firearm, disengages the trigger return spring when the trigger is pulled. 11
(l) “Licensed firearms dealer” means a person who holds a dealer’s license under 12
Title 5, Subtitle 1 of the Public Safety Article. 13
(m) (1) “Rapid fire trigger activator” means any device, including a removable 14
manual or power–driven activating device, constructed so that, when installed in or 15
attached to a firearm: 16
(i) the rate at which the trigger is activated increases; or 17
(ii) the rate of fire increases. 18
(2) “Rapid fire trigger activator” includes a bump stock, trigger crank, 19
hellfire trigger, binary trigger system, burst trigger system, SWITCH/AUTO–SEAR, or a 20
copy or a similar device, regardless of the producer or manufacturer. 21
(3) “Rapid fire trigger activator” does not include a semiautomatic 22
replacement trigger that improves the performance and functionality over the stock trigger. 23
(N) “SWITCH/AUTO–SEAR” MEANS A DEVICE TH AT IS DESIGNED AND 24
INTENDED FOR USE IN CONVERTING A FIREARM INTO A WEAPON THAT S HOOTS, IS 25
DESIGNED TO SHOOT , OR CAN BE READILY RE STORED TO SHOOT AUTO MATICALLY 26
MORE THAN ONE SHOT , WITHOUT MANUAL RELOA DING, BY A SINGLE FUNCTION OF 27
THE TRIGGER APPLIES FORCE T O A FIREARM’S TRIGGER BAR TO PRE VENT IT FROM 28
LIMITING THE WEAPON TO FIRING ONLY ONE R OUND EACH TIME THE T RIGGER IS 29
DEPRESSED. 30
[(n)] (O) “Trigger crank” means a device that, when installed in or attached to a 31
firearm, repeatedly activates the trigger of the firearm through the use of a crank, a lever, 32
or any other part that is turned in a circular motion. 33 HOUSE BILL 810 5
4–304. 1
A law enforcement unit may seize as contraband and dispose of according to 2
regulation an assault weapon OR A SWITCH/AUTO–SEAR transported, sold, transferred, 3
purchased, received, or possessed in violation of this subtitle. 4
4–305.2. 5
A PERSON MAY NOT : 6
(1) TRANSPORT A SWITCH /AUTO–SEAR INTO THE STATE; OR 7
(2) MANUFACTURE , POSSESS, SELL, OFFER TO SELL , TRANSFER, 8
PURCHASE, OR RECEIVE A SWITCH /AUTO–SEAR. 9
4–305.1. 10
(a) Except as provided in subsection (b) of this section, a person may not: 11
(1) transport a rapid fire [trigger] activator into the State; or 12
(2) manufacture, possess, sell, offer to sell, transfer, purchase, or receive a 13
rapid fire [trigger] activator. 14
(b) This section does not apply to the possession of a rapid fire [trigger] activator 15
by a person who: 16
(1) possessed the rapid fire [trigger] activator before October 1, 2018; 17
(2) applied to the federal Bureau of Alcohol, Tobacco, Firearms and 18
Explosives before October 1, 2018, for authorization to possess a rapid fire [trigger] 19
activator; 20
(3) received authorization to possess a rapid fire [trigger] activator from 21
the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2019; 22
and 23
(4) is in compliance with all federal requirements for possession of a rapid 24
fire [trigger] activator. 25
(C) NOTHING IN THIS SECTI ON IS INTENDED TO PROHIBIT THE OTHERWISE 26
LAWFUL POSSESSION OF A PART OR COMBINATIO N OF PARTS BY: 27
6 HOUSE BILL 810
(1) A POLICE OFFICER OR OTHER PERSON EMPLOYE D BY A LAW 1
ENFORCEMENT AGENCY U NDER CIRCUMSTANCES I N WHICH THE OFFICER OR OTHER 2
PERSON POSSESSES THE PART OR PARTS IN ACCORDANCE WITH AUTH ORIZATION 3
GIVEN BY THE LAW ENF ORCEMENT AGENCY ; OR 4
(2) A PERSON WHO HAS REG ISTERED A MACHINE GU N WITH THE 5
SECRETARY OF STATE POLICE UNDER § 4–403 OF THIS TITLE IF THE PART OR PARTS 6
ARE POSSESSED FOR US E IN ONLY, AND NECESSARY FOR TH E PROPER FUNCTION OF , 7
A MACHINE GUN THAT I S CURRENTLY REGISTER ED BY THE PERSON UND ER § 4–403 8
OF THIS TITLE. 9
4–306. 10
(a) Except as otherwise provided in this subtitle, a person who violates this 11
subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not 12
exceeding 3 years or a fine not exceeding $5,000 or both. 13
(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, A 14
SWITCH/AUTO–SEAR, or a magazine that has a capacity of more than 10 rounds of 15
ammunition, in the commission of a felony or a crime of violence as defined in § 5–101 of 16
the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any 17
other sentence imposed for the felony or crime of violence, shall be sentenced under this 18
subsection. 19
(2) (i) For a first violation, the person shall be sentenced to 20
imprisonment for not less than 5 years and not exceeding 20 years. 21
(ii) The court may not impose less than the minimum sentence of 5 22
years. 23
(iii) The mandatory minimum sentence of 5 years may not be 24
suspended. 25
(iv) Except as otherwise provided in § 4–305 of the Correctional 26
Services Article, the person is not eligible for parole in less than 5 years. 27
(3) (i) For each subsequent violation, the person shall be sentenced to 28
imprisonment for not less than 10 years and not exceeding 20 years. 29
(ii) The court may not impose less than the minimum sentence of 10 30
years. 31
(iii) A sentence imposed under this paragraph shall be consecutive to 32
and not concurrent with any other sentence imposed for the felony or crime of violence. 33
HOUSE BILL 810 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2024. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.