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.
*sb0444*
SENATE BILL 444
E1 5lr1309
SB 1097/24 – JPR
By: Senator Smith
Introduced and read first time: January 21, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 12, 2025
CHAPTER ______
AN ACT concerning 1
Public Safety – Gun Buyback Programs – Destruction of Firearms 2
FOR the purpose of requiring a person or an entity federal firearms licensee or law 3
enforcement agency operating a gun buyback program to destroy a each firearm, 4
including all components and parts attached to the firearm, that is traded in at a 5
certain gun buyback program; authorizing a certain person or entity to contract with 6
a law enforcement agency, an organization, or a business to destroy certain firearms; 7
requiring the Secretary of State Police to revoke a certain person’s dealer’s license if 8
the person violates the provisions of this Act; prohibiting a person from operating a 9
gun buyback program, except in accordance with certain requirements; requiring a 10
law enforcement agency operating a gun buyback program to make reasonable 11
efforts to determine whether a firearm is a crime firearm or has been reported lost 12
or stolen before the firearm or its component parts may be destroyed; and generally 13
relating to gun buyback programs. 14
BY repealing and reenacting, with amendments, 15
Article – Public Safety 16
Section 5–114(b) 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Public Safety 21
Section 5–901 and 5–902 through 5–904 5–905 to be under the new subtitle “Subtitle 22
9. Gun Buyback Programs” 23 2 SENATE BILL 444
Annotated Code of Maryland 1
(2022 Replacement Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Public Safety 5
5–114. 6
(b) The Secretary shall revoke a dealer’s license if: 7
(1) it is discovered that false information has been supplied or false 8
statements have been made in an application required by this subtitle; or 9
(2) the licensee: 10
(i) is convicted of a disqualifying crime; 11
(ii) is convicted of a violation classified as a common law crime and 12
receives a term of imprisonment of more than 2 years; 13
(iii) is a fugitive from justice; 14
(iv) is a habitual drunkard; 15
(v) is addicted to a controlled dangerous substance or is a habitual 16
user; 17
(vi) has spent more than 30 consecutive days in a medical institution 18
for treatment of a mental disorder, unless the licensee produces a physician’s certificate, 19
issued after the last institutionalization and certifying that the licensee is capable of 20
possessing a regulated firearm without undue danger to the licensee or to another; 21
(vii) has knowingly or willfully manufactured, offered to sell, or sold 22
a handgun not on the handgun roster in violation of § 5–406 of this title; 23
(viii) has knowingly or willfully participated in a straw purchase of a 24
regulated firearm; 25
(ix) is convicted of a crime under Subtitle 7 of this title; [or] 26
(x) is found in violation of a third or subsequent offense under § 27
5–145.1 of this subtitle; OR 28
(XI) VIOLATES SUBTITLE 9 OF THIS TITLE. 29
SENATE BILL 444 3
SUBTITLE 9. GUN BUYBACK PROGRAMS. 1
5–901. 2
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 5
(C) “GUN BUYBACK PROGRAM ” MEANS A PROGRAM THAT IS OPERATED BY 6
A FEDERAL FIREARMS L ICENSEE OR A LAW ENF ORCEMENT AGENCY THAT : 7
(1) ALLOWS FIREARM OWNER S TO VOLUNTARILY SUR RENDER 8
FIREARMS; 9
(2) IS OPERATED , EITHER EXPLICITLY OR IMPLIEDLY, FOR THE 10
PURPOSE OF REDUCING THE NUMBER OF FIREAR MS IN A COMMUNITY ; AND 11
(3) ADVERTISES THAT FIRE ARMS THAT ARE SURREN DERED TO THE 12
PROGRAM WILL BE DEST ROYED OR MADE PERMAN ENTLY INOPERABLE . A PUBLIC OR 13
PRIVATE PERSON OR EN TITY THAT ALLOWS FIR EARM OWNERS TO VOLUNTARILY 14
TRADE IN THEIR FIREA RMS FOR COMPENSATION . 15
(D) “SECRETARY” HAS THE MEANING STAT ED IN § 5–101 OF THIS TITLE. 16
5–902. 17
(A) THIS SECTION DOES NOT APPLY TO A FIREARM I F A LAW ENFORCEMENT 18
AGENCY DETERMINES TH AT THE FIREARM IS ST OLEN OR IS EVIDENCE OF A CRIME. 19
(A) (B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS 20
PARAGRAPH , A PERSON OR AN ENTITY FEDERAL FIREARMS LIC ENSEE OR LAW 21
ENFORCEMENT AGENCY OPERATING A GUN BUYB ACK PROGRAM SHALL DE STROY A 22
EACH FIREARM, INCLUDING EVERY COMP ONENT AND PART ATTAC HED TO THE 23
FIREARM, THAT IS TRADED IN SURRENDERED TO THE F EDERAL FIREARMS LICE NSEE 24
OR LAW ENFORCEMENT A GENCY AT A GUN BUYBACK PRO GRAM. 25
(II) THE DESTRUCTION REQUI RED UNDER SUBPARAGRA PH (I) 26
OF THIS PARAGRAPH SH ALL MAKE THE FIREARM AND EVERY COMPONENT AND PART 27
ATTACHED TO THE FIRE ARM PERMANENTLY INOPERAB LE AND UNREPAIRABLE . 28
(2) A PERSON OR AN ENTITY FEDERAL FIREARMS LIC ENSEE OR LAW 29
ENFORCEMENT AGENCY MAY CONTRACT WITH A LAW ENFORCEMENT AGEN CY, AN 30 4 SENATE BILL 444
ORGANIZATION , OR A BUSINESS TO SAT ISFY THE REQUIREMENT UNDER PARAGRAPH 1
(1) OF THIS SUBSECTION. 2
(B) (C) A PERSON OR AN ENTITY FEDERAL FIREARMS LIC ENSEE OR LAW 3
ENFORCEMENT AGENCY THAT VIOLATES THIS S ECTION IS SUBJECT TO A FINE NOT 4
EXCEEDING $10,000 PER VIOLATION. 5
(C) (D) IF A PERSON VIOLATES THIS SECTION AND THE PERSON HOLDS A 6
DEALER’S LICENSE UNDER § 5–106 OF THIS TITLE: 7
(1) THE PERSON SHALL BE SUBJECT TO THE PENAL TY PROVIDED IN 8
SUBSECTION (B) OF THIS SECTION; AND 9
(2) THE SECRETARY SHALL REVOK E THE PERSON ’S DEALER’S 10
LICENSE IN ACCORDANC E WITH § 5–114 OF THIS TITLE. 11
5–903. 12
(A) A PERSON MAY NOT OPERA TE A GUN BUYBACK PRO GRAM, EXCEPT IN 13
ACCORDANCE WITH § 5–902 OF THIS SUBTITLE . 14
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 15
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING $10,000. 16
5–904. 17
A LAW ENFORCEMENT AGENCY THAT RECEIVES A FIREARM AS PART OF A GUN 18
BUYBACK PROGRAM UNDE R THIS SUBTITLE SHAL L MAKE REASONABLE EF FORTS TO 19
DETERMINE WHETHER TH E FIREARM IS A CRIME FIREARM OR HAS BEEN REPORTED 20
AS LOST OR STOLEN BE FORE THE FIREARM OR ITS COMPONENT PARTS MAY BE 21
DESTROYED AS REQUIRED UNDER § 5–902 OF THIS SUBTITLE. 22
5–905. 23
NOTHING IN THIS SUBTI TLE MAY BE INTERPRET ED AS AN EXCEPTION T O ANY 24
OTHER REQUIREMENT OR RESTRICTION UNDER STATE OR FEDERAL LAW RELATING 25
TO THE PURCHASE , RENTAL, LOAN, OR TRANSFER OF A FIR EARM. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2025. 28