Vetoed by Governor Larry Hogan, Jr.

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires background checks for private sales of long guns.

Highlights:

• Prohibits a person who is not a licensee from completing the sale, rental, or transfer of a rifle or shotgun other than a regulated firearm, as a purchaser, lessee, or transferee or seller, lessor, or transferor, unless the person is in compliance with this act (Sec. 1).

• Requires that before a sale, rental, or transfer is conducted, the seller, lessor, or transferor and purchaser, lessee, or transferee to both request that a licensee facilitates the sale, rental, or transfer (Sec. 1).

• Requires the licensee to conduct a background check on the purchaser, lessee, or transferee through the Federal Bureau of Investigations’ National Instant Background Check System (NICS) Index and comply with all federal and state laws that would apply to the sale, rental, or transfer (Sec. 1).

• Defines “licensee” as a person who holds a dealer’s license (Sec. 1).

• Specifies that a person who violates this section is guilty of a misdemeanor and upon conviction is subject to up to 6 months imprisonment, a fine of up to $10,000, or both (Sec. 1).

• Specifies that this act does not apply to a sale, rental, or transfer including, but not limited to (Sec. 1):

• Involving a licensee or a federally licensed gun manufacturer, dealer, or importer; 

• Between immediate family members; 

• Involving law enforcement personnel or any unit of government, a member of the United States Armed Forces, or a member of the National Guard, while acting in the scope of official duty; 

• Of a curio or relic or relic firearm between collectors who each have a valid collector of curios and relics license in their possession; and 

• In which the purchaser, lessee, or transferee has a demonstrable religious belief against taking a portrait photograph, and does not possess a license or an identification card of any kind with photographic identification.

• Prohibits a licensee or other person from selling, renting, transferring, or loaning a rifle or shotgun to a purchaser, lessee, transferee, or recipient who the licensee or other person knows or has reasonable cause to believe (Sec. 2):

• Has been convicted of a disqualifying crime;

• Has been convicted of a common-law crime and received a term of imprisonment of more than 2 years;

• Is a fugitive from justice;

• Is a habitual drunkard;

• Is addicted to a controlled dangerous substance or is a habitual user;

• Suffers from a mental health disorder and has a history of violent behavior;

• Has been found incompetent to stand trial;

• Has been found not criminally responsible;

• Has been voluntarily or involuntarily admitted for more than 30 consecutive days to a certain facility;

• Is under the protection of a guardian appointed by a court;

• Is a respondent against whom:

• A current non ex parte civil protective order has been entered; or

• If under the age of 30, has been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult;

• Is visible under the influence of alcohol or drugs;

• Is a participant in a straw purchase; or

• Intends to use the rifle or shotgun to commit a crime or cause harm.

• Specifies that a person who violates this section is guilty of a misdemeanor and upon conviction is subject to up to 5 years imprisonment, a fine of up to $10,000, or both (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires background checks for private sales of long guns.

Highlights:

• Prohibits a person who is not a licensee from completing the transfer of a rifle or shotgun other than a regulated firearm, as a transferee or transferor, unless the person is in compliance with this act (Sec. 1).

• Requires that before a transfer is conducted, the transferor and transferee to both request that a licensee facilitates the transfer (Sec. 1).

• Requires the licensee to conduct a background check on the transferee through the Federal Bureau of Investigations’ National Instant Background Check System (NICS) Index and comply with all federal and state laws that would apply to the transfer (Sec. 1).

• Defines “licensee” as a person who holds a dealer’s license (Sec. 1).

• Specifies that a person who violates this act is guilty of a misdemeanor and upon conviction is subject to up to 5 years imprisonment, a fine of up to $10,000, or both (Sec. 1).

• Specifies that this act does not apply to a transfer including, but not limited to, the following (Sec. 1):

• Involving a licensee or a federally licensed gun manufacturer, dealer, or importer; 

• Between immediate family members; 

• Involving law enforcement personnel or any unit of government, a member of the United States Armed Forces, or a member of the National Guard, while acting in the scope of official duty; 

• Of a curio or relic or relic firearm between collectors who each have a valid collector of curios and relics license in their possession; and 

• That is temporary and necessary to prevent imminent death or serious bodily hard if the transfer lasts only as long as necessary to prevent imminent death or injury.

Full Bill Text