EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0869*
HOUSE BILL 869
E4 4lr2243
CF SB 753
By: Delegate Bartlett
Introduced and read first time: February 2, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Firearm Background Checks, Victim Notification, and the 2
Maryland State Police Gun Center 3
FOR the purpose of requiring a law enforcement agency that receives a certain report of a 4
prohibited person failing a background check to notify certain victims; requiring the 5
Secretary of State Police to notify the Maryland State Police Gun Center of certain 6
information if the Secretary disapproves a firearm application because a prospective 7
purchaser, lessee, or transferee failed a background check; requiring a licensed 8
firearms dealer to notify the Center of certain information if the dealer does not sell, 9
rent, or transfer a regulated firearm because the prospective purchaser, lessee, or 10
transferee failed a background check; altering the screening, tracking, and vetting 11
requirements of the Center to include background check denials for all firearm 12
applicants in the State; requiring the Center to notify certain law enforcement 13
agencies of certain background check denials in a certain manner; and generally 14
relating to firearm background checks, victim notification, and the Maryland State 15
Police Gun Center. 16
BY adding to 17
Article – Public Safety 18
Section 3–531 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
BY repealing and reenacting, without amendments, 22
Article – Public Safety 23
Section 5–101(a), (e), (p), and (u) 24
Annotated Code of Maryland 25
(2022 Replacement Volume and 2023 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – Public Safety 28 2 HOUSE BILL 869
Section 5–122, 5–123, and 5–801 through 5–804 1
Annotated Code of Maryland 2
(2022 Replacement Volume and 2023 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Public Safety 6
3–531. 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) “FINAL PROTECTIVE ORDE R” HAS THE MEANING STAT ED IN § 10
4–501 OF THE FAMILY LAW ARTICLE. 11
(3) “PROHIBITED PERSON ” MEANS A PERSON WHO F AILS A 12
BACKGROUND CHECK BEC AUSE OF A FINAL PROT ECTIVE ORDER OR VIOL ATING A 13
PROTECTIVE ORDER . 14
(4) “VICTIM” MEANS A HOLDER OF A FINAL PROTECTIVE ORD ER. 15
(B) IF A LAW ENFORCEMENT AGENCY RECEIVES A RE PORT OF A 16
PROHIBITED PERSON FAILING A BACKGROUND CHECK I N ACCORDANCE WITH 18 17
U.S.C. § 925B OR § 5–804(C) OF THIS ARTICLE , THE LAW ENFORCEMENT AGENCY 18
SHALL IMMEDIATELY NO TIFY THE VICTIM IF T HE PROHIBITED PERSON FAILED THE 19
BACKGROUND CHECK BEC AUSE OF: 20
(1) A FINAL PROTEC TIVE ORDER BETWEEN T HE PROHIBITED PERSON 21
AND THE VICTIM; OR 22
(2) VIOLATING A FINAL PR OTECTIVE ORDER BETWE EN THE 23
PROHIBITED PERSON AN D THE VICTIM. 24
(C) A LAW ENFORCEMENT AGEN CY ACTING UNDER THIS SECTION SHALL BE 25
IMMUNE FROM CIVIL LI ABILITY IF THE LAW E NFORCEMENT AGENCY ACT S IN GOOD 26
FAITH AND IN A REASO NABLE MANNER . 27
5–101. 28
(a) In this subtitle the following words have the meanings indicated. 29
(e) “Dealer’s license” means a State regulated firearms dealer’s license. 30
HOUSE BILL 869 3
(p) “Licensee” means a person who holds a dealer’s license. 1
(u) “Secretary” means the Secretary of State Police or the Secretary’s designee. 2
5–122. 3
(a) The Secretary shall disapprove a firearm application if: 4
(1) the Secretary determines that the firearm applicant supplied false 5
information or made a false statement; 6
(2) the Secretary determines that the firearm application is not properly 7
completed; or 8
(3) the Secretary receives written notification from the firearm applicant’s 9
licensed attending physician that the firearm applicant suffers from a mental disorder and 10
is a danger to the firearm applicant or to another. 11
(b) (1) If the Secretary disapproves a firearm application, the Secretary shall 12
notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days 13
after the date that the executed firearm application is forwarded to the Secretary by 14
certified mail or facsimile machine. 15
(2) After notifying the prospective seller, lessor, or transferor under 16
paragraph (1) of this subsection, the Secretary shall notify the prospective purchaser, 17
lessee, or transferee in writing of the disapproval. 18
(3) The date when the prospective seller, lessor, or transferor forwards the 19
executed firearm application to the Secretary by certified mail or by facsimile machine is 20
the first day of the 7–day period allowed for notice of disapproval to the prospective seller, 21
lessor, or transferor. 22
(C) IF THE SECRETARY DISAPPROVES A FIREARM APPLICATIO N BECAUSE 23
THE PROSPECTIVE PURC HASER, LESSEE, OR TRANSFEREE FAILED TO PASS A 24
BACKGROUND CHECK , THE SECRETARY SHALL NOTIF Y THE MARYLAND STATE 25
POLICE GUN CENTER OF: 26
(1) THE IDENTITY OF THE PROSPECTIVE PURCHASE R, LESSEE, OR 27
TRANSFEREE ; 28
(2) THE DATE AND TIME OF THE DENIAL; 29
(3) THE LOCATION WHERE T HE PROSPECTIVE PU RCHASER, LESSEE, 30
OR TRANSFEREE SOUGHT TO OBTAIN THE FIREAR M; AND 31
(4) THE REASON OR REASON S FOR THE DENIAL . 32 4 HOUSE BILL 869
5–123. 1
(a) A licensee may not sell, rent, or transfer a regulated firearm until after 7 days 2
following the time a firearm application is executed by the firearm applicant, in triplicate, 3
and the original is forwarded by the prospective seller or transferor to the Secretary. 4
(b) A licensee shall complete the sale, rental, or transfer of a regulated firearm 5
within 90 days after the firearm application was stamped by the Secretary as not being 6
disapproved. 7
(c) (1) If the sale, rental, or transfer of a regulated firearm is not completed 8
within 90 days after the firearm application was stamped by the Secretary as not being 9
disapproved, a licensee shall return the firearm application to the Secretary within 7 days. 10
(2) The Secretary shall void a firearm application returned under 11
paragraph (1) of this subsection as an incomplete sale, rental, or transfer. 12
(d) (1) (i) A licensee who sells, rents, or transfers a regulated firearm in 13
compliance with this subtitle shall forward a copy of the written notification of the 14
completed transaction to the Secretary within 7 days after delivery of the regulated firearm. 15
(ii) The notification shall contain an identifying description of the 16
regulated firearm, including its caliber, make, model, any manufacturer’s serial number, 17
and any other special or peculiar characteristic or marking by which the regulated firearm 18
may be identified. 19
(2) The Secretary shall maintain a permanent record of all notifications 20
received of completed sales, rentals, and transfers of regulated firearms in the State. 21
(E) IF A LICENSEE DOES NO T SELL OR TRANSFER A REGULATED FIREARM 22
TO A PROSPECTIVE PUR CHASER, LESSEE, OR TRANSFEREE BECAUSE THE 23
PROSPECTIVE PURCHASE R, LESSEE, OR TRANSFEREE FAILED TO PASS A 24
BACKGROUND CHECK , THE LICENSEE SHALL N OTIFY THE MARYLAND STATE 25
POLICE GUN CENTER OF: 26
(1) THE IDENTITY OF THE PROSPECTIVE PURCHASE R, LESSEE, OR 27
TRANSFEREE ; 28
(2) THE DATE AND TIME OF THE DENI AL; 29
(3) THE LOCATION WHERE T HE PROSPECTIVE PURCH ASER, LESSEE, 30
OR TRANSFEREE SOUGHT TO OBTAIN THE FIREAR M; AND 31
(4) THE REASON OR REASON S FOR THE DENIAL . 32
HOUSE BILL 869 5
5–801. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) “Center” means the Maryland State Police Gun Center. 3
(c) “Crime firearm” means a firearm that is: 4
(1) used in the commission of a crime of violence, as defined in § 5–101 of 5
this title; or 6
(2) recovered by a law enforcement agency in connection with illegal 7
firearm possession, transportation, or transfer. 8
(d) “Department” means the Department of State Police. 9
(e) “Federally licensed firearms dealer” means a person licensed by the federal 10
Bureau of Alcohol, Tobacco, Firearms and Explosives to deal in firearms. 11
(f) “Federally licensed firearms importer” means a person licensed by the federal 12
Bureau of Alcohol, Tobacco, Firearms and Explosives to import firearms. 13
(g) “Final protective order” has the meaning stated in § 4–501 of the Family Law 14
Article. 15
(h) “Law enforcement agency” has the meaning stated in § 3–201 of this article. 16
(I) “LICENSEE” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 17
5–802. 18
(a) The Center is established within the Department as a statewide firearms 19
enforcement center for the tracking, screening, and vetting of all: 20
(1) firearm crimes committed in the State; [and] 21
(2) firearms surrendered under final protective orders in the State; AND 22
(3) BACKGROUND CHECK DEN IALS FOR FIREARM APP LICANTS IN THE 23
STATE. 24
(b) This subtitle shall be liberally construed and applied to promote its underlying 25
purposes and policies. 26
5–803. 27
6 HOUSE BILL 869
(a) The Center shall create and maintain a statewide database to track 1
information on crimes committed with crime firearms [and], firearms surrendered under 2
final protective orders in the State, AND BACKGROUND CHECK DENIALS FOR FIREARM 3
APPLICANTS IN THE STATE. 4
(b) Each law enforcement agency shall report to the Center the following 5
information on crimes committed in the jurisdiction of the law enforcement agency with 6
crime firearms: 7
(1) the number and type of crime firearms; 8
(2) the jurisdictions where crime firearms are recovered; 9
(3) the sources of the crime firearms recovered, if discoverable, including: 10
(i) the federally licensed firearms importer; 11
(ii) the federally licensed firearms dealer; and 12
(iii) the first purchaser of the crime firearm; 13
(4) information regarding the individual found in possession of the crime 14
firearm, including: 15
(i) the individual’s age; 16
(ii) the individual’s jurisdiction of residence; 17
(iii) the jurisdiction where the individual is charged; and 18
(iv) whether the individual was prohibited from possessing a firearm; 19
and 20
(5) any other information requested by the Center. 21
(c) Each law enforcement agency shall report to the Center the following 22
information on firearms surrendered under final protective orders issued in the jurisdiction 23
of the law enforcement agency: 24
(1) the number and type of firearms; 25
(2) the jurisdictions where firearms are surrendered; and 26
(3) information regarding the individual who surrendered each firearm, 27
including: 28
(i) the individual’s age; 29 HOUSE BILL 869 7
(ii) the individual’s jurisdiction of residence; and 1
(iii) any other information requested by the Center. 2
(d) The Center may require a law enforcement agency to report any other 3
information relating to firearm crimes committed in the jurisdiction of the law enforcement 4
agency to assist the Center in the tracking of firearm crimes committed in the State. 5
(e) THE SECRETARY OF STATE POLICE AND A LICENSEE IN THE STATE 6
SHALL NOTIFY THE CENTER OF ANY BACKGRO UND CHECK DENIALS AS REQUIRED 7
UNDER §§ 5–122 AND 5–123 OF THIS TITLE. 8
(F) The Center shall designate how often law enforcement agencies are required 9
to report the information required under this section. 10
5–804. 11
(a) The Center shall coordinate with the Department and law enforcement 12
agencies to screen and vet all firearm crimes committed in the State by: 13
(1) determining whether an individual charged with a firearm crime was 14
prohibited from possessing a firearm; and 15
(2) recommending specific firearm charges to ensure that an individual 16
charged with a firearm crime is appropriately charged. 17
(b) The Center shall assist the Department and law enforcement agencies with 18
firearm enforcement and firearm violation reduction efforts. 19
(C) (1) THE CENTER SHALL NOTIFY L OCAL LAW ENFORCEMENT 20
AGENCIES, AS PROVIDED IN PARAG RAPH (2) OF THIS SUBSECTION , OF ALL 21
BACKGROUND CHECK DEN IALS REPORTE D UNDER § 5–803(E) OF THIS SUBTITLE. 22
(2) (I) THE CENTER SHALL NOTIFY L OCAL LAW ENFORCEMENT 23
AGENCIES BASED ON : 24
1. THE CITY, COUNTY, AND ZIP CODE OF THE LICENSEE; 25
OR 26
2. THE CITY, COUNTY, AND ZIP CODE OF THE 27
PROSPECTIVE FIREARM APPLICANT’S LEGAL RESIDENCE IF DIFFERE NT FROM THE 28
LICENSEE. 29
8 HOUSE BILL 869
(II) THE NOTICE REQUIRED U NDER SUBPARAGRAPH (I) OF THIS 1
PARAGRAPH SHALL BE S ENT WITHIN 24 HOURS AND INCLUDE TH E FOLLOWING 2
INFORMATION : 3
1. THE DATE AND TIME OF THE BACKGROUND CHECK 4
DENIAL; 5
2. THE REASON OR REASONS FOR T HE DENIAL; 6
3. THE CITY, COUNTY, AND ZIP CODE OF THE LICENSEE; 7
AND 8
4. THE IDENTITY OF THE PERSON DENIED . 9
(III) IF THE ORIGINAL BACKG ROUND CHECK DENIAL C HANGES 10
IN STATUS, THE CENTER SHALL SEND AN UPDATED NOTICE TO AL L LAW 11
ENFORCEMENT AGENCIES THAT RECEIVED THE OR IGINAL NOTICE. 12
(IV) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 13
SUBSECTION MAY BE DE LAYED TO AVOID COMPR OMISING AN ACTIVE CR IMINAL 14
INVESTIGATION . 15
(3) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING DECEMBER 16
1, 2025, THE CENTER SHALL REPORT T O THE GOVERNOR AND , IN ACCORDANCE 17
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 18
THE FOLLOWING INFORM ATION BASED ON DATA FROM THE PREVIOUS CA LENDAR 19
YEAR: 20
(I) THE NUMBER OF BACKGR OUND CHECK DENIALS FOR 21
FIREARM APPLICANTS I N THE STATE; 22
(II) THE COUNTIES WHERE T HE BACKGROUND CHECK DENIALS 23
OCCURRED; AND 24
(III) THE REASON OR REASON S FOR THE BACKGROUND CHECK 25
DENIALS. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28