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Chapter 713
(House Bill 810)
AN ACT concerning
Criminal Law – Weapon Crimes Rapid–Fire Activator – Switch/Auto–Sear
FOR the purpose of authorizing a law enforcement unit to seize as contraband and dispose
of a certain switch/auto–sear in a certain manner; prohibiting a person from
transporting a switch/auto–sear into the State or manufacturing, possessing, selling,
offering to sell, transferring, purchasing, or receiving a switch/auto–sear; applying
certain penalties to a person who uses a switch/auto–sear in the commission of a
felony or a certain crime of violence altering the term “rapid fire trigger activator” to
be “rapid fire activator”; adding “switch/auto–sear” to the definition of “rapid fire
activator” for the purposes of certain prohibitions on rapid fire activators; and
generally relating to weapon crimes.
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 4–301, 4–304 4–305.1, and 4–306
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – Criminal Law
Section 4–305.2
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSE MBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Law
4–301.
(a) In this subtitle the following words have the meanings indicated.
(b) “Assault long gun” means any assault weapon listed under § 5–101(r)(2) of the
Public Safety Article.
(c) “Assault pistol” means any of the following firearms or a copy regardless of
the producer or manufacturer:
(1) AA Arms AP–9 semiautomatic pistol;
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(2) Bushmaster semiautomatic pistol;
(3) Claridge HI–TEC semiautomatic pistol;
(4) D Max Industries semiautomatic pistol;
(5) Encom MK–IV, MP–9, or MP–45 semiautomatic pistol;
(6) Heckler and Koch semiautomatic SP–89 pistol;
(7) Holmes MP–83 semiautomatic pistol;
(8) Ingram MAC 10/11 semiautomatic pistol and variations including the
Partisan Avenger and the SWD Cobray;
(9) Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation;
(10) P.A.W.S. type semiautomatic pistol;
(11) Skorpion semiautomatic pistol;
(12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell);
(13) UZI semiautomatic pistol;
(14) Weaver Arms semiautomatic Nighthawk pistol; or
(15) Wilkinson semiautomatic “Linda” pistol.
(d) “Assault weapon” means:
(1) an assault long gun;
(2) an assault pistol; or
(3) a copycat weapon.
(e) “Binary trigger system” means a device that, when installed in or attached to
a firearm, fires both when the trigger is pulled and on release of the trigger.
(f) “Bump stock” means a device that, when installed in or attached to a firearm,
increases the rate of fire of the firearm by using energy from the recoil of the firearm to
generate a reciprocating action that facilitates repeated activation of the trigger.
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(g) “Burst trigger system” means a device that, when installed in or attached to a
firearm, allows the firearm to discharge two or more shots with a single pull of the trigger
by altering the trigger reset.
(h) (1) “Copycat weapon” means:
(i) a semiautomatic centerfire rifle that can accept a detachable
magazine and has any two of the following:
1. a folding stock;
2. a grenade launcher or flare launcher; or
3. a flash suppressor;
(ii) a semiautomatic centerfire rifle that has a fixed magazine with
the capacity to accept more than 10 rounds;
(iii) a semiautomatic centerfire rifle that has an overall length of less
than 29 inches;
(iv) a semiautomatic pistol with a fixed magazine that can accept
more than 10 rounds;
(v) a semiautomatic shotgun that has a folding stock; or
(vi) a shotgun with a revolving cylinder.
(2) “Copycat weapon” does not include an assault long gun or an assault
pistol.
(i) “Detachable magazine” means an ammunition feeding device that can be
removed readily from a firearm without requiring disassembly of the firearm action or
without the use of a tool, including a bullet or cartridge.
(j) “Flash suppressor” means a device that functions, or is intended to function,
to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision.
(k) “Hellfire trigger” means a device that, when installed in or attached to a
firearm, disengages the trigger return spring when the trigger is pulled.
(l) “Licensed firearms dealer” means a person who holds a dealer’s license under
Title 5, Subtitle 1 of the Public Safety Article.
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(m) (1) “Rapid fire trigger activator” means any device, including a removable
manual or power–driven activating device, constructed so that, when installed in or
attached to a firearm:
(i) the rate at which the trigger is activated increases; or
(ii) the rate of fire increases.
(2) “Rapid fire trigger activator” includes a bump stock, trigger crank,
hellfire trigger, binary trigger system, burst trigger system, SWITCH/AUTO–SEAR, or a
copy or a similar device, regardless of the producer or manufacturer.
(3) “Rapid fire trigger activator” does not include a semiautomatic
replacement trigger that improves the performance and functionality over the stock trigger.
(N) “SWITCH/AUTO–SEAR” MEANS A DEVICE THAT IS DESIGNED AND
INTENDED FOR USE IN CONVERTING A FIREARM INTO A WEAPON THAT S HOOTS, IS
DESIGNED TO SHOOT , OR CAN BE READILY RE STORED TO SHOOT AUTO MATICALLY
MORE THAN ONE SHOT , WITHOUT MANUAL RELOA DING, BY A SINGLE FUNCTION OF
THE TRIGGER APPLIES FORCE TO A F IREARM’S TRIGGER BAR TO PRE VENT IT FROM
LIMITING THE WEAPON TO FIRING ONLY ONE R OUND EACH TIME THE T RIGGER IS
DEPRESSED.
[(n)] (O) “Trigger crank” means a device that, when installed in or attached to a
firearm, repeatedly activates the trigger of the firearm through the use of a crank, a lever,
or any other part that is turned in a circular motion.
4–304.
A law enforcement unit may seize as contraband and dispose of according to
regulation an assault weapon OR A SWITCH/AUTO–SEAR transported, sold, transferred,
purchased, received, or possessed in violation of this subtitle.
4–305.2.
A PERSON MAY NOT :
(1) TRANSPORT A SWITCH /AUTO–SEAR INTO THE STATE; OR
(2) MANUFACTURE , POSSESS, SELL, OFFER TO SELL , TRANSFER,
PURCHASE, OR RECEIVE A SWITCH /AUTO–SEAR.
4–305.1.
(a) Except as provided in subsection (b) of this section, a person may not: WES MOORE, Governor Ch. 713
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(1) transport a rapid fire [trigger] activator into the State; or
(2) manufacture, possess, sell, offer to sell, transfer, purchase, or receive a
rapid fire [trigger] activator.
(b) This section does not apply to the possession of a rapid fire [trigger] activator
by a person who:
(1) possessed the rapid fire [trigger] activator before October 1, 2018;
(2) applied to the federal Bureau of Alcohol, Tobacco, Firearms and
Explosives before October 1, 2018, for authorization to possess a rapid fire [trigger]
activator;
(3) received authorization to possess a rapid fire [trigger] activator from
the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2019;
and
(4) is in compliance with all federal requirements for possession of a rapid
fire [trigger] activator.
(C) NOTHING IN THIS SECTI ON IS INTENDED TO PROHI BIT THE OTHERWISE
LAWFUL POSSESSION OF A PART OR COMBINATIO N OF PARTS BY:
(1) A POLICE OFFICER OR OTHER PERSON EMPLOYE D BY A LAW
ENFORCEMENT AGENCY U NDER CIRCUMSTANCES I N WHICH THE OFFICER OR OTHER
PERSON POSSESSES THE PART OR PARTS IN ACCORDANCE WITH A UTHORIZATION
GIVEN BY THE LAW ENF ORCEMENT AGENCY ; OR
(2) A PERSON WHO HAS REG ISTERED A MACHINE GU N WITH THE
SECRETARY OF STATE POLICE UNDER § 4–403 OF THIS TITLE IF THE PART OR PARTS
ARE POSSESSED FOR US E IN ONLY, AND NECESSARY FOR T HE PROPER FUNCTION O F,
A MACHINE GUN THAT I S CURRENTLY REGISTER ED BY THE PERSON UND ER § 4–403
OF THIS TITLE.
4–306.
(a) Except as otherwise provided in this subtitle, a person who violates this
subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not
exceeding 3 years or a fine not exceeding $5,000 or both.
(b) (1) A person who uses an assault weapon, a rapid fire trigger activator, A
SWITCH/AUTO–SEAR, or a magazine that has a capacity of more than 10 rounds of
ammunition, in the commission of a felony or a crime of violence as defined in § 5–101 of Ch. 713 2024 LAWS OF MARYLAND
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the Public Safety Article is guilty of a misdemeanor and on conviction, in addition to any
other sentence imposed for the felony or crime of violence, shall be sentenced under this
subsection.
(2) (i) For a first violation, the person shall be sentenced to
imprisonment for not less than 5 years and not exceeding 20 years.
(ii) The court may not impose less than the minimum sentence of 5
years.
(iii) The mandatory minimum sentence of 5 years may not be
suspended.
(iv) Except as otherwise provided in § 4–305 of the Correctional
Services Article, the person is not eligible for parole in less than 5 years.
(3) (i) For each subsequent violation, the person shall be sentenced to
imprisonment for not less than 10 years and not exceeding 20 years.
(ii) The court may not impose less than the minimum sentence of 10
years.
(iii) A sentence imposed under this paragraph shall be consecutive to
and not concurrent with any other sentence imposed for the felony or crime of violence.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.