Maryland 2024 Regular Session

Maryland House Bill HB810 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 713
2	1
3		-	– 1 –
4		-	Chapter 713
5		-	(House Bill 810)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0810
8	10
9		-	Criminal Law – Weapon Crimes Rapid–Fire Activator – Switch/Auto–Sear
	11	+	HOUSE BILL 810
	12	+	E1 (4lr2369)
	13	+	ENROLLED BILL
	14	+	— Judiciary/Judicial Proceedings —
	15	+	Introduced by The Speaker
10	16
11		-	FOR the purpose of authorizing a law enforcement unit to seize as contraband and dispose
12		-	of a certain switch/auto–sear in a certain manner; prohibiting a person from
13		-	transporting a switch/auto–sear into the State or manufacturing, possessing, selling,
14		-	offering to sell, transferring, purchasing, or receiving a switch/auto–sear; applying
15		-	certain penalties to a person who uses a switch/auto–sear in the commission of a
16		-	felony or a certain crime of violence altering the term “rapid fire trigger activator” to
17		-	be “rapid fire activator”; adding “switch/auto–sear” to the definition of “rapid fire
18		-	activator” for the purposes of certain prohibitions on rapid fire activators; and
19		-	generally relating to weapon crimes.
	17	+	Read and Examined by Proofreaders:
20	18
21		-	BY repealing and reenacting, with amendments,
22		-	Article – Criminal Law
23		-	Section 4–301, 4–304 4–305.1, and 4–306
24		-	Annotated Code of Maryland
25		-	(2021 Replacement Volume and 2023 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
26	23
27		-	BY adding to
28		-	Article – Criminal Law
29		-	Section 4–305.2
30		-	Annotated Code of Maryland
31		-	(2021 Replacement Volume and 2023 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
32	25
33		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSE MBLY OF MARYLAND,
34		-	That the Laws of Maryland read as follows:
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
35	27
36		-	Article – Criminal Law
	28	+	______________________________________________
	29	+	Speaker.
37	30
38		-	~~4–301.~~
	31	+	CHAPTER ______
39	32
40		-	~~(a) In this subtitle the following words have the meanings indicated.~~
	33	+	AN ACT concerning 1
41	34
42		-	(b) “Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the
43		-	Public Safety Article.
	35	+	Criminal Law – Weapon Crimes Rapid–Fire Activator – Switch/Auto–Sear 2
44	36
45		-	(c) “Assault pistol” means any of the following firearms or a copy regardless of
46		-	the producer or manufacturer:
	37	+	FOR the purpose of authorizing a law enforcement unit to seize as contraband and dispose 3
	38	+	of a certain switch/auto–sear in a certain manner; prohibiting a person from 4
	39	+	transporting a switch/auto–sear into the State or manufacturing, possessing, selling, 5
	40	+	offering to sell, transferring, purchasing, or receiving a switch/auto–sear; applying 6
	41	+	certain penalties to a person who uses a switch/auto–sear in the commission of a 7
	42	+	felony or a certain crime of violence altering the term “rapid fire trigger activator” to 8
	43	+	be “rapid fire activator”; adding “switch/auto–sear” to the definition of “rapid fire 9
	44	+	activator” for the purposes of certain prohibitions on rapid fire activators; and 10
	45	+	generally relating to weapon crimes. 11
47	46
48		-	(1) AA Arms AP–9 semiautomatic pistol;
49		-	Ch. 713 2024 LAWS OF MARYLAND
	47	+	BY repealing and reenacting, with amendments, 12
	48	+	Article – Criminal Law 13
	49	+	Section 4–301, 4–304 4–305.1, and 4–306 14 2 HOUSE BILL 810
50	50
51		-	– 2 –
52		-	(2) Bushmaster semiautomatic pistol;
53	51
54		-	(3) Claridge HI–TEC semiautomatic pistol;
	52	+	Annotated Code of Maryland 1
	53	+	(2021 Replacement Volume and 2023 Supplement) 2
55	54
56		-	(4) D Max Industries semiautomatic pistol;
	55	+	BY adding to 3
	56	+	Article – Criminal Law 4
	57	+	Section 4–305.2 5
	58	+	Annotated Code of Maryland 6
	59	+	(2021 Replacement Volume and 2023 Supplement) 7
57	60
58		-	(5) Encom MK–IV, MP–9, or MP–45 semiautomatic pistol;
	61	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
	62	+	That the Laws of Maryland read as follows: 9
59	63
60		-	~~(6) Heckler and Koch semiautomatic SP–89 pistol;~~
	64	+	Article – Criminal Law 10
61	65
62		-	~~(7) Holmes MP–83 semiautomatic pistol;~~
	66	+	4–301. 11
63	67
64		-	(8) Ingram MAC 10/11 semiautomatic pistol and variations including the
65		-	Partisan Avenger and the SWD Cobray;
	68	+	(a) In this subtitle the following words have the meanings indicated. 12
66	69
67		-	(9) Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation;
	70	+	(b) “Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the 13
	71	+	Public Safety Article. 14
68	72
69		-	(10) P.A.W.S. type semiautomatic pistol;
	73	+	(c) “Assault pistol” means any of the following firearms or a copy regardless of 15
	74	+	the producer or manufacturer: 16
70	75
71		-	(11) ~~Skorpion~~ semiautomatic pistol;
	76	+	(1) AA Arms AP–9 semiautomatic pistol; 17
72	77
73		-	(12) ~~Spectre double action~~ semiautomatic pistol ~~(Sile, F.I.E., Mitchell)~~;
	78	+	(2) Bushmaster semiautomatic pistol; 18
74	79
75		-	(13) ~~UZI~~ semiautomatic pistol;
	80	+	(3) Claridge HI–TEC semiautomatic pistol; 19
76	81
77		-	(14) ~~Weaver Arms~~ semiautomatic ~~Nighthawk~~ pistol; or
	82	+	(4) D Max Industries semiautomatic pistol; 20
78	83
79		-	(15) ~~Wilkinson~~ semiautomatic ~~“Linda” pistol.~~
	84	+	(5) Encom MK–IV, MP–9, or MP–45 semiautomatic pistol; 21
80	85
81		-	(d) ~~“Assault weapon”~~ ~~means:~~
	86	+	(6) Heckler and Koch semiautomatic SP–89 pistol; 22
82	87
83		-	(1) ~~an assault long gun~~;
	88	+	(7) Holmes MP–83 semiautomatic pistol; 23
84	89
85		-	(2) an assault pistol; or
	90	+	(8) Ingram MAC 10/11 semiautomatic pistol and variations including the 24
	91	+	Partisan Avenger and the SWD Cobray; 25
86	92
87		-	(3) ~~a copycat weapon.~~
	93	+	(9) Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation; 26
88	94
89		-	(e) “Binary trigger system” means a device that, when installed in or attached to
90		-	a firearm, fires both when the trigger is pulled and on release of the trigger.
	95	+	(10) P.A.W.S. type semiautomatic pistol; 27
91	96
92		-	(f) “Bump stock” means a device that, when installed in or attached to a firearm,
93		-	increases the rate of fire of the firearm by using energy from the recoil of the firearm to
94		-	generate a reciprocating action that facilitates repeated activation of the trigger.
95		-	WES MOORE, Governor Ch. 713
	97	+	(11) Skorpion semiautomatic pistol; 28
	98	+	HOUSE BILL 810 3
96	99
97		-	– 3 –
98		-	(g) “Burst trigger system” means a device that, when installed in or attached to a
99		-	firearm, allows the firearm to discharge two or more shots with a single pull of the trigger
100		-	by altering the trigger reset.
101	100
102		-	(h) (1~~) “Copycat weapon” means:~~
	101	+	(12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell); 1
103	102
104		-	(i) a semiautomatic centerfire rifle that can accept a detachable
105		-	magazine and has any two of the following:
	103	+	(13) UZI semiautomatic pistol; 2
106	104
107		-	~~1. a folding stock~~;
	105	+	(14) Weaver Arms semiautomatic Nighthawk pistol; or 3
108	106
109		-	2. ~~a grenade launcher or flare launcher; or~~
	107	+	(15) Wilkinson semiautomatic “Linda” pistol. 4
110	108
111		-	~~3. a flash suppressor;~~
	109	+	(d) “Assault weapon” means: 5
112	110
113		-	(ii) a semiautomatic centerfire rifle that has a fixed magazine with
114		-	the capacity to accept more than 10 rounds;
	111	+	(1) an assault long gun; 6
115	112
116		-	(iii) a semiautomatic centerfire rifle that has an overall length of less
117		-	than 29 inches;
	113	+	(2) an assault pistol; or 7
118	114
119		-	(iv) a semiautomatic pistol with a fixed magazine that can accept
120		-	more than 10 rounds;
	115	+	(3) a copycat weapon. 8
121	116
122		-	(v) a semiautomatic shotgun that has a folding stock; or
	117	+	(e) “Binary trigger system” means a device that, when installed in or attached to 9
	118	+	a firearm, fires both when the trigger is pulled and on release of the trigger. 10
123	119
124		-	(vi) a shotgun with a revolving cylinder.
	120	+	(f) “Bump stock” means a device that, when installed in or attached to a firearm, 11
	121	+	increases the rate of fire of the firearm by using energy from the recoil of the firearm to 12
	122	+	generate a reciprocating action that facilitates repeated activation of the trigger. 13
125	123
126		-	(2) “Copycat weapon” does not include an assault long gun or an assault
127		-	pistol.
	124	+	(g) “Burst trigger system” means a device that, when installed in or attached to a 14
	125	+	firearm, allows the firearm to discharge two or more shots with a single pull of the trigger 15
	126	+	by altering the trigger reset. 16
128	127
129		-	(i) “Detachable magazine” means an ammunition feeding device that can be
130		-	removed readily from a firearm without requiring disassembly of the firearm action or
131		-	without the use of a tool, including a bullet or cartridge.
	128	+	(h) (1) “Copycat weapon” means: 17
132	129
133		-	(j) ~~“Flash suppressor” means~~ a ~~device~~ that ~~functions, or is intended to function,~~
134		-	~~to perceptibly reduce or redirect muzzle flash from~~ the ~~shooter’s field of vision.~~
	130	+	(i) a semiautomatic centerfire rifle that can accept a detachable 18
	131	+	magazine and has any two of the following: 19
135	132
136		-	(k) “Hellfire trigger” means a device that, when installed in or attached to a
137		-	firearm, disengages the trigger return spring when the trigger is pulled.
	133	+	1. a folding stock; 20
138	134
139		-	(l) “Licensed firearms dealer” means a person who holds a dealer’s license under
140		-	Title 5, Subtitle 1 of the Public Safety Article.
141		-	Ch. 713 2024 LAWS OF MARYLAND
	135	+	2. a grenade launcher or flare launcher; or 21
142	136
143		-	– 4 –
144		-	(m) (1) “Rapid fire trigger activator” means any device, including a removable
145		-	manual or power–driven activating device, constructed so that, when installed in or
146		-	attached to a firearm:
	137	+	3. a flash suppressor; 22
147	138
148		-	(i) the rate at which the trigger is activated increases; or
	139	+	(ii) a semiautomatic centerfire rifle that has a fixed magazine with 23
	140	+	the capacity to accept more than 10 rounds; 24
149	141
150		-	(ii) the rate of fire increases.
	142	+	(iii) a semiautomatic centerfire rifle that has an overall length of less 25
	143	+	than 29 inches; 26
151	144
152		-	(2) ~~“Rapid fire trigger activator” includes~~ a ~~bump stock,~~ ~~trigger crank,~~
153		-	~~hellfire trigger,~~ ~~binary trigger system,~~ ~~burst trigger system, SWITCH/AUTO–SEAR, or a~~
154		-	~~copy or a similar device,~~ ~~regardless of the producer or manufacturer.~~
	145	+	(iv) a semiautomatic pistol with a fixed magazine that can accept 27
	146	+	more than 10 rounds; 28
	147	+	4 HOUSE BILL 810
155	148
156		-	(3) “Rapid fire trigger activator” does not include a semiautomatic
157		-	replacement trigger that improves the performance and functionality over the stock trigger.
158	149
159		-	(N) “SWITCH/AUTO–SEAR” MEANS A DEVICE THAT IS DESIGNED AND
160		-	INTENDED FOR USE IN CONVERTING A FIREARM INTO A WEAPON THAT S HOOTS, IS
161		-	DESIGNED TO SHOOT , OR CAN BE READILY RE STORED TO SHOOT AUTO MATICALLY
162		-	MORE THAN ONE SHOT , WITHOUT MANUAL RELOA DING, BY A SINGLE FUNCTION OF
163		-	THE TRIGGER APPLIES FORCE TO A F IREARM’S TRIGGER BAR TO PRE VENT IT FROM
164		-	LIMITING THE WEAPON TO FIRING ONLY ONE R OUND EACH TIME THE T RIGGER IS
165		-	DEPRESSED.
	150	+	(v) a semiautomatic shotgun that has a folding stock; or 1
166	151
167		-	[(n)] (O) “Trigger crank” means a device that, when installed in or attached to a
168		-	firearm, repeatedly activates the trigger of the firearm through the use of a crank, a lever,
169		-	or any other part that is turned in a circular motion.
	152	+	(vi) a shotgun with a revolving cylinder. 2
170	153
171		-	4–304.
	154	+	(2) “Copycat weapon” does not include an assault long gun or an assault 3
	155	+	pistol. 4
172	156
173		-	~~A law enforcement unit may seize as contraband and dispose of according to~~
174		-	~~regulation an assault weapon~~ OR ~~A SWITCH/AUTO–SEAR transported, sold, transferred,~~
175		-	~~purchased~~, ~~received,~~ or ~~possessed in violation of this subtitle~~.
	157	+	(i) “Detachable magazine” means an ammunition feeding device that can be 5
	158	+	removed readily from a firearm without requiring disassembly of the firearm action or 6
	159	+	without the use of a tool, including a bullet or cartridge. 7
176	160
177		-	4–305.2.
	161	+	(j) “Flash suppressor” means a device that functions, or is intended to function, 8
	162	+	to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision. 9
178	163
179		-	A PERSON MAY NOT :
	164	+	(k) “Hellfire trigger” means a device that, when installed in or attached to a 10
	165	+	firearm, disengages the trigger return spring when the trigger is pulled. 11
180	166
181		-	(1) TRANSPORT A SWITCH /AUTO–SEAR INTO THE STATE; OR
	167	+	(l) “Licensed firearms dealer” means a person who holds a dealer’s license under 12
	168	+	Title 5, Subtitle 1 of the Public Safety Article. 13
182	169
183		-	(2) MANUFACTURE , POSSESS, SELL, OFFER TO SELL , TRANSFER,
184		-	PURCHASE, OR RECEIVE A SWITCH /AUTO–SEAR.
	170	+	(m) (1) “Rapid fire trigger activator” means any device, including a removable 14
	171	+	manual or power–driven activating device, constructed so that, when installed in or 15
	172	+	attached to a firearm: 16
185	173
186		-	~~4–305.1.~~
	174	+	(i) the rate at which the trigger is activated increases; or 17
187	175
188		-	(a) ~~Except as provided in subsection (b)~~ of ~~this section, a person may not: WES MOORE, Governor Ch~~. ~~713~~
	176	+	(ii) the rate of fire increases. 18
189	177
190		-	– 5 –
	178	+	(2) “Rapid fire trigger activator” includes a bump stock, trigger crank, 19
	179	+	hellfire trigger, binary trigger system, burst trigger system, SWITCH/AUTO–SEAR, or a 20
	180	+	copy or a similar device, regardless of the producer or manufacturer. 21
191	181
192		-	(1) transport a rapid fire [trigger] activator into the State; or
	182	+	(3) “Rapid fire trigger activator” does not include a semiautomatic 22
	183	+	replacement trigger that improves the performance and functionality over the stock trigger. 23
193	184
194		-	(2) manufacture, possess, sell, offer to sell, transfer, purchase, or receive a
195		-	rapid fire [trigger] activator.
	185	+	(N) “SWITCH/AUTO–SEAR” MEANS A DEVICE TH AT IS DESIGNED AND 24
	186	+	INTENDED FOR USE IN CONVERTING A FIREARM INTO A WEAPON THAT S HOOTS, IS 25
	187	+	DESIGNED TO SHOOT , OR CAN BE READILY RE STORED TO SHOOT AUTO MATICALLY 26
	188	+	MORE THAN ONE SHOT , WITHOUT MANUAL RELOA DING, BY A SINGLE FUNCTION OF 27
	189	+	THE TRIGGER APPLIES FORCE T O A FIREARM’S TRIGGER BAR TO PRE VENT IT FROM 28
	190	+	LIMITING THE WEAPON TO FIRING ONLY ONE R OUND EACH TIME THE T RIGGER IS 29
	191	+	DEPRESSED. 30
196	192
197		-	(b) This section does not apply to the possession of a rapid fire [trigger] activator
198		-	by a person who:
	193	+	[(n)] (O) “Trigger crank” means a device that, when installed in or attached to a 31
	194	+	firearm, repeatedly activates the trigger of the firearm through the use of a crank, a lever, 32
	195	+	or any other part that is turned in a circular motion. 33 HOUSE BILL 810 5
199	196
200		-	(1) possessed the rapid fire [trigger] activator before October 1, 2018;
201	197
202		-	(2) applied to the federal Bureau of Alcohol, Tobacco, Firearms and
203		-	Explosives before October 1, 2018, for authorization to possess a rapid fire [trigger]
204		-	activator;
205	198
206		-	(3) received authorization to possess a rapid fire [trigger] activator from
207		-	the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2019;
208		-	and
	199	+	4–304. 1
209	200
210		-	(4) is in compliance with all federal requirements for possession of a rapid
211		-	fire [trigger] activator.
	201	+	A law enforcement unit may seize as contraband and dispose of according to 2
	202	+	regulation an assault weapon OR A SWITCH/AUTO–SEAR transported, sold, transferred, 3
	203	+	purchased, received, or possessed in violation of this subtitle. 4
212	204
213		-	(C) NOTHING IN THIS SECTI ON IS INTENDED TO PROHI BIT THE OTHERWISE
214		-	LAWFUL POSSESSION OF A PART OR COMBINATIO N OF PARTS BY:
	205	+	4–305.2. 5
215	206
216		-	(1) A POLICE OFFICER OR OTHER PERSON EMPLOYE D BY A LAW
217		-	ENFORCEMENT AGENCY U NDER CIRCUMSTANCES I N WHICH THE OFFICER OR OTHER
218		-	PERSON POSSESSES THE PART OR PARTS IN ACCORDANCE WITH A UTHORIZATION
219		-	GIVEN BY THE LAW ENF ORCEMENT AGENCY ; OR
	207	+	A PERSON MAY NOT : 6
220	208
221		-	(2) A PERSON WHO HAS REG ISTERED A MACHINE GU N WITH THE
222		-	SECRETARY OF STATE POLICE UNDER § 4–403 OF THIS TITLE IF THE PART OR PARTS
223		-	ARE POSSESSED FOR US E IN ONLY, AND NECESSARY FOR T HE PROPER FUNCTION O F,
224		-	A MACHINE GUN THAT I S CURRENTLY REGISTER ED BY THE PERSON UND ER § 4–403
225		-	OF THIS TITLE.
	209	+	(1) TRANSPORT A SWITCH /AUTO–SEAR INTO THE STATE; OR 7
226	210
227		-	4–306.
	211	+	(2) MANUFACTURE , POSSESS, SELL, OFFER TO SELL , TRANSFER, 8
	212	+	PURCHASE, OR RECEIVE A SWITCH /AUTO–SEAR. 9
228	213
229		-	(a) Except as otherwise provided in this subtitle, a person who violates this
230		-	subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not
231		-	exceeding 3 years or a fine not exceeding $5,000 or both.
	214	+	4–305.1. 10
232	215
233		-	(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, A
234		-	SWITCH/AUTO–SEAR, or a magazine that has a capacity of more than 10 rounds of
235		-	ammunition, in the commission of a felony or a crime of violence as defined in § 5–101 of Ch. 713 2024 LAWS OF MARYLAND
	216	+	(a) Except as provided in subsection (b) of this section, a person may not: 11
236	217
237		-	– 6 –
238		-	the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any
239		-	other sentence imposed for the felony or crime of violence, shall be sentenced under this
240		-	subsection.
	218	+	(1) transport a rapid fire [trigger] activator into the State; or 12
241	219
242		-	(2) ~~(i) For~~ a ~~first violation, the person shall be sentenced to~~
243		-	~~imprisonment for not less than 5 years and not exceeding 20 years~~.
	220	+	(2) manufacture, possess, sell, offer to sell, transfer, purchase, or receive a 13
	221	+	rapid fire [trigger] activator. 14
244	222
245		-	(ii) The ~~court may not impose less than the minimum sentence~~ of 5
246		-	~~years.~~
	223	+	(b) This section does not apply to the possession of a rapid fire [trigger] activator 15
	224	+	by a person who: 16
247	225
248		-	(iii) The mandatory minimum sentence of 5 years may not be
249		-	suspended.
	226	+	(1) possessed the rapid fire [trigger] activator before October 1, 2018; 17
250	227
251		-	(iv) Except as otherwise provided in § 4–305 of the Correctional
252		-	Services Article, the person is not eligible for parole in less than 5 years.
	228	+	(2) applied to the federal Bureau of Alcohol, Tobacco, Firearms and 18
	229	+	Explosives before October 1, 2018, for authorization to possess a rapid fire [trigger] 19
	230	+	activator; 20
253	231
254		-	(3) (i) For each subsequent violation, the person shall be sentenced to
255		-	imprisonment for not less than 10 years and not exceeding 20 years.
	232	+	(3) received authorization to possess a rapid fire [trigger] activator from 21
	233	+	the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2019; 22
	234	+	and 23
256	235
257		-	(ii) ~~The court may not impose less than the minimum sentence~~ of 10
258		-	~~years~~.
	236	+	(4) is in compliance with all federal requirements for possession of a rapid 24
	237	+	fire [trigger] activator. 25
259	238
260		-	(iii) A sentence imposed under this paragraph shall be consecutive to
261		-	and not concurrent with any other sentence imposed for the felony or crime of violence.
	239	+	(C) NOTHING IN THIS SECTI ON IS INTENDED TO PROHIBIT THE OTHERWISE 26
	240	+	LAWFUL POSSESSION OF A PART OR COMBINATIO N OF PARTS BY: 27
	241	+	6 HOUSE BILL 810
262	242
263		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
264		-	October 1, 2024.
265	243
266		-	Approved by the Governor, May 16, 2024.
	244	+	(1) A POLICE OFFICER OR OTHER PERSON EMPLOYE D BY A LAW 1
	245	+	ENFORCEMENT AGENCY U NDER CIRCUMSTANCES I N WHICH THE OFFICER OR OTHER 2
	246	+	PERSON POSSESSES THE PART OR PARTS IN ACCORDANCE WITH AUTH ORIZATION 3
	247	+	GIVEN BY THE LAW ENF ORCEMENT AGENCY ; OR 4
	248	+
	249	+	(2) A PERSON WHO HAS REG ISTERED A MACHINE GU N WITH THE 5
	250	+	SECRETARY OF STATE POLICE UNDER § 4–403 OF THIS TITLE IF THE PART OR PARTS 6
	251	+	ARE POSSESSED FOR US E IN ONLY, AND NECESSARY FOR TH E PROPER FUNCTION OF , 7
	252	+	A MACHINE GUN THAT I S CURRENTLY REGISTER ED BY THE PERSON UND ER § 4–403 8
	253	+	OF THIS TITLE. 9
	254	+
	255	+	4–306. 10
	256	+
	257	+	(a) Except as otherwise provided in this subtitle, a person who violates this 11
	258	+	subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not 12
	259	+	exceeding 3 years or a fine not exceeding $5,000 or both. 13
	260	+
	261	+	(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, A 14
	262	+	SWITCH/AUTO–SEAR, or a magazine that has a capacity of more than 10 rounds of 15
	263	+	ammunition, in the commission of a felony or a crime of violence as defined in § 5–101 of 16
	264	+	the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any 17
	265	+	other sentence imposed for the felony or crime of violence, shall be sentenced under this 18
	266	+	subsection. 19
	267	+
	268	+	(2) (i) For a first violation, the person shall be sentenced to 20
	269	+	imprisonment for not less than 5 years and not exceeding 20 years. 21
	270	+
	271	+	(ii) The court may not impose less than the minimum sentence of 5 22
	272	+	years. 23
	273	+
	274	+	(iii) The mandatory minimum sentence of 5 years may not be 24
	275	+	suspended. 25
	276	+
	277	+	(iv) Except as otherwise provided in § 4–305 of the Correctional 26
	278	+	Services Article, the person is not eligible for parole in less than 5 years. 27
	279	+
	280	+	(3) (i) For each subsequent violation, the person shall be sentenced to 28
	281	+	imprisonment for not less than 10 years and not exceeding 20 years. 29
	282	+
	283	+	(ii) The court may not impose less than the minimum sentence of 10 30
	284	+	years. 31
	285	+
	286	+	(iii) A sentence imposed under this paragraph shall be consecutive to 32
	287	+	and not concurrent with any other sentence imposed for the felony or crime of violence. 33
	288	+	HOUSE BILL 810 7
	289	+
	290	+
	291	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
	292	+	October 1, 2024. 2
	293	+
	294	+
	295	+
	296	+	Approved:
	297	+	________________________________________________________________________________
	298	+	Governor.
	299	+	________________________________________________________________________________
	300	+	Speaker of the House of Delegates.
	301	+	________________________________________________________________________________
	302	+	President of the Senate.