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Maryland General Assembly Introduces Gun Safety Act of 2010 - Or the Scarlet G for Gunowner Bill of 2010
Senator Brian Frosh (D), District 16 Montgomery County and Chairman of the Senate Judicial Proceedings Committee, and Delegate Sandy Rosenberg (D), District 41, Baltimore City have introduced the Gun Safety Act of 2010.
This proposed legislation would fundamentally change the face of gun ownership in the State of Maryland as no bill has in the last 10 years.
Now that the text of the bills have been released, we can give you our full response.
HB820
SB645
Highlights:
1. An individual with more than one DUI conviction may not purchase a firearm within 5 years after an alcohol-related conviction.
2. Maryland State Police shall inspect each state-licensed gun dealer at least once every two years to ensure compliance with gun law. Cost of inspection shall be covered by licensing fees, which may be increased as necessary.
3. Gun dealers shall provide records of their inventories and sales to aid State Police inspectors.
The records shall include:
(I) the name and address of each person from whom the dealer acquires a firearm and to whom the dealer sells or otherwise disposes of the firearm;
(II) a precise description including the make, model, caliber, and serial number of each firearm acquired; and
(III) the date of each acquisition, sale, or other disposition.
4. Law enforcement officials may use body-wires to collect evidence against gun traffickers and would be traffickers.5. Penalties for illegal sale or transfer of firearms increased from 1 year, $1,000 to 5 years, $10,000.
6. Ignorance of the requirements to conduct background checks of firearm purchasers shall not be a defense for individuals charged with illegally selling guns.
7. Individuals buying handguns shall secure a handgun purchasing license before acquiring a handgun. Licenses may be issued by local police or Maryland State Police. Police shall secure fingerprints, verify IDs, and conduct background checks. Licensing fees shall be set at a level to cover costs.
(the following is paraphrased in places)
(A) A regulated firearms dealer or person may only sell or transfer a handgun to another person if the purchaser or transferee presents to the seller or transferror a valid Maryland driver's license with an approved handgun
purchase designation or photographic identification card with an approved handgun purchase designation issued to the purchaser or transferee by the Motor Vehicle Administration.
(B) A person may only purchase or receive a handgun if the person:
(1) Possesses a valid Maryland driver's license or state issued ID as outlined in (A).
(C) The MVA shall issue a driver's license with an approved handgun purchase designation or photographic ID with an approved handgun purchase designation.
(D) In order to obtain the required driver's license designation or state issued ID card an applicant must submit the following to a state or local law enforcement agency.
(1) A completed application on a form provided by the Secretary (of the Maryland State Police)
(2) A non-refundable fee set by the Secretary
(3) Proof of satisfactory completion of a firearms safety training course approved by the Secretary
(4) A complete set of the applicant's legible fingerprints to be taken by a state or local law enforcement agency
(5) Any other identification or documentation required by the secretary
(6) A statement made by the applicant under the penalty of perjury that the applicant is not prohibited under federal or state law from possessing a handgun
(G) Provides for the revocation of the handgun approval designation and the surrender of the driver's license or state issued photographic ID if the Secretary determines that the licensee no longer meets the qualifications set forth in the rest of the bill.
8. Felons illegally possessing any firearms shall be subject to a maximum penalty of 20 years in prison.
