HOW HB004 CHANGES EXISTING LAW
5-201. Definitions [ ADDS NEW DEFINITIONS:]
1. “IMMEDIATE FAMILY MEMBER” MEANS:
- A SPOUSE, A PARENT,
- A STEPPARENT,
- A GRANDPARENT,
- A STEPGRANDPARENT,
- AN AUNT,
- AN UNCLE,
- A SIBLING,
- A STEPSIBLING,
- A CHILD,
- A STEPCHILD,
- A GRANDCHILD,
- A STEPGRANDCHILD,
- A NIECE, OR
- A NEPHEW, AS RELATED BY BLOOD OR MARRIAGE.
2. Rifle (as defined in Section 4-201 of Criminal Law Article)
3. Short-barreled rifle
4. Short-barreled shotgum
5. Shotgun
6. Transfer – transfer, sale, or rent [latter provision also includes “loan”]
ADDS A NEW SECTION: 5-204.1
(A). EXEMPT:
- Law enforcement and/or Licensed parties
- Immediate family members
- Law enforcement while acting in the scope of official duty
- Curio or relic between collectors who have collector LICENSES
- An unserviceable gun, for a curio or museum piece
- Gun that is modified to “render it permanently inoperative, or
- Where a transferee has a religious objection to being photographed (so he does not have any license for identity)
- A transfer upon death
[what the bill prohibits]
B. A transfer[which includes:
- a sale
- a Rental
- a transfer
C. (1) The dealer has to process the sale “as though transferring the gun from his own inventory
(2) the dealer must conduct a background check thru the NICS Index and comply with all federal and state law that would apply to such a transfer including all the record-keeping requirements.
(3) The transfer can either by made by the transferor himself, or he can give it to a third person authorized to receive the gun (i.e., someone who’s been through the background check process) to a give the transferee. [In other words, you can’t ask your spouse to take the rifle to her brother (the transferee) when she goes to see him.
D. The background check must clear the transferee
(2) [Part 2 of this provision – I think this is all about guarding every second that no one be able to “possess” a rifle or shotgun without being licensed for that purpose]
(3) I think this next paragraph is giving the transferor the right to take his gun home if the transferee isn’t cleared by the background check.
- The licensee can charge a “reasonable” fee (originally said max of $30) to facilitate this transfer
Penalty for Violating
(E) A person who violates this section is guilty of a misdemeanor, subject to six months in jail or a fine of $10,000 or both.
(F) A person who provides false information during the transfer, subject to 3 years and/or $5,000 or both
(G) Holds Licensee harmless for any injury that occurs because the gun malfunctions unless licensee modified the gun.
Section 5-207
(A) This bill supersedes and local laws on sale or transfer of these guns, and preempts locals from any regulating
(B) This section adds “Loan” to the list of prohibited actions. “Loan” includes a temporary gratuitous exchange of a rifle or shotgun.
(C) Prohibits a “licensee (meaning a dealer’s license) or any other person” may not transfer [inclusive] a rifle or shotgun at anyone whom the Licensee or other person knows or has a reasonable cause to believe:
(1) Has been convicted of a disqualifying crime
(2) Has been convicted of a common law crime & received a term or more than 2 years
(3) Is a fugitive from justice
(4) Is a habitual drunkard (references where the definition of drunkard is located)
(5) Is addicted to or a habitual user of a controlled dangerous substance
(6) Suffers from a mental disorder and has a history of violence against himself or others, unless he has a certificate from MDH relieving the disqualification
(7) Has been found incompetent to stand trial, unless MDH certifies . . .
(8) Has been found not criminally responsible, unless MDH certifies . . .
(9) Has been voluntarily admitted for more than 30 consecutive days in a facility[1] unless the MDH certifies…
(10)Has been involuntarily committed for more than 30 days to a facility (see footnote) unless MDH has certified. . .
(11)Is under the protection of a guardian appointed by a court, unless its for a physical disability, unless the MDH certifies . . .
Is the subject of a court-ordered Protective Order
(12)If under 30 years old and is adjudicated a juvenile delinquent for an act that would be a disqualifying crime if he were an adult.
(13)Is visibly under influence of drugs or alcohol
(14)Is a participant in a straw purchase
(15)Intends to use the rifle or shotgun to:
- Commit a crime, or
- Cause harm to self or others
(D) The penalty for violating this section is imprisonment for up to 5 years or a fine up to $10,000 or both.
SECTION 2.
Adds an “intent of the General Assembly” provision:
That “transfer” be interpreted consistent with the Court of Appeals ruling in Chow v. State, 393 MD. 388 (2006); and
That “transfer” does not include the temporary gratuitous exchange of a rifle or shotgun
[1] Except as otherwise provided in this title, "facility" means any public or private clinic, hospital, or other institution that provides or purports to provide treatment or other services for individuals who have mental disorders.
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