Last updated on 2/9/22
In 2022, the Maryland General Assembly passedHB425miSB387, Bills Criminalizing Possession of Desialized Firearms (also known as “ghost guns” or “homemade firearms”) dated March 1, 2023.
HB425miSB387It will take effect in two parts:
-From June 1, 2022, not a firearm and not "unfinished frames and cases".sold, bought or transferredin Maryland unless they have a serial number imprinted by a federally licensed manufacturer or importer in accordance with federal law. An "unfinished frame or receiver" is defined in the notes as "a forged, cast, printed, extruded, or machined body or similar article that has reached a stage of manufacture at which it can beeasily complemented, assembled or modifiedto be used as a frame or housing for a functional firearm".
The term"easily supplemented, assembled or modified" is defined inATF-Regra 2021r-05Fand explained indepartment response🇧🇷 Find a summary of ATFON HERE🇧🇷 Section 3 ofHB425 and SB387 specifically require that this Maryland law be construed as "consistent" with these ATF Rules.it is solayersWhatever the ATF rule defines as an item that can be "easily" completed, assembled, or converted into a functional firearm.a sale, purchase or transferany deserialized firearm or unfinished frame or receiver deserialized after June 1, 2022 will be punishable by up to five years in prison and a US$10,000 fine,by firearmThe ATF rule will take effect on August 24, 2022. See 87 Fed. Registration Number. in it24652.
The ATF rule goes into great detail by defining the terms ready, frame, and recipient. See 87 Fed. Registration Number. in it24734, change27 CFR 478.11(Definition of "already" as "[a] process, action, or physical state that is reasonably or reasonably efficient, fast, and easy, but not necessarily the most efficient, fast, or easy process, action, or physical state" and then provides a list of vague "factors" to consider when applying this test) and27 CFR 478.12(Definition of "frame" and receiver") By way of example, the ATF rule explicitly includes in its definition of frame or receiver any "equipmentcontains a partially completed or disassembled pin or block of a frame or receiver that is sold, distributed, or possessed with a compatible jig or template is a frame or receiver because one person with online instructions and common hand tools can easily assemble the frame or receiver receiver parts complete or assembled to operate as a frame or receiver”. 87 federal. registration in24739change27 CFR 478.12(c)🇧🇷 Another example: "A pin or blank of an AR-15 variant receiver with no critical internal areas indexed, machined, or fitted with instructions, jigs, jigs, equipment, or tooling so they can be easily completed."not a recipient." (Id.). The ATF rule also provides other examples.plusObserve the ATF rule carefully and consult an attorney. Again, Maryland law is to be interpreted as "consistent" with the ATF rule, that is, if the item is a "frame" or "receiver" or "readily" convertible to B. a frame or receiver under the ATF rule, then it falls under Maryland law. If the item isNofall under the ATF rule, they also do not fall under Maryland law.
-As of March 1, 2023, the bills will also ban nuditygroupany non-serialized firearm or unfinished frame or receiver (as defined above). Firearms manufactured before October 22, 1968 (when theGun Control Act of 1968signed), and antiques are exempt.
To retain ownership, the owner must use one of two alternatives to serialize the item:
- in the first alternative, the firearm and/or "unfinished frame or chamber" under federal law must be serialized by afederally licensed manufacturer or importer,However, as of 08/24/22, the date on which the rule came into force, gunsmiths can also. See 87 Fed. Registration Number. in it24653(“Additionally, the rule finalizes proposed changes to the term “gunsmith” to include those involved in identifying firearms for those without a license, ensuring greater access to professional marking services for PMF.”) This alternative only reiterates the current law requiring manufacturers and importers to mark serial numbers since the passage of the Gun Control Act of 1968. See18 USC § 923(i)🇧🇷 This alternative requires the firearm to be marked in accordance with the marking procedure and protocol set forth in the newly published ATF standard.namely., the markings must meet the requirements of federal law for depth, size, and content, and the manufacturer or importer applying the markings must register the firearm in their A&D books. See 87 Fed. Registration Number. in it24742, change section478.92(a)(2)🇧🇷 For these depth, length, and content requirements, see 87 Fed. Registration Number. in it24741-42, change27 CFR 478.92(a)(1).A frame or receiver so marked by a manufacturer or importer need not be registered with the Maryland State Police..
- For the second alternative (we call it the "zip code alternative"),HB425miSB387Provide the "firearm" or unfinished frame or receiver that can be stamped with a number including ZIP code by "a federally licensed gun dealer, state firearms manufacturer, or other state licensee authorized to furnish the market". , plus another unique number. The ATF rule defines a gunsmith as "other federal licensee" who is permitted to make identification marks. See 87 Fed. Registration Number. in it24742, changing the definition of gunsmith to478.92(a)(4)(iii)(C)🇧🇷 This new definition will also go into effect on August 24, 2022. These marks must remain within the depth and size requirements established by federal law. With this alternative, the federal licensee is still required to record the item in their A&D books, even if the identification is made on the same day that the FFL receives the item from the owner. See 87 Fed. Registration Number.24746, change27 CFR 478.125(i)🇧🇷 See also Fed. Registration number. in it24732“The final rule clarifies that PMF [privately manufactured firearms] must be recorded as an acquisition when a licensee applies identification markings and as a disposition upon return (unless the licensee marks under the direct supervision of another licensee). licensee who recorded the acquisition). This alternative must be paid by the owner.besides that, besides moreRegister the "firearm" with the Maryland State Police.
As of August 24, 2022, this ZIP code alternative cannot be made by any FFL under the ATF rule.The ATF will not accept this ZIP code designation as sufficient, which means that no FFL will use it. The ATF rule specifically requires that any FFL who is in possession of a PMF for identification purposes (or for any reason overnight)mustCheck the PMF according to the ATF rule (ie, using the FFL license number).
- in the first alternative, the firearm and/or "unfinished frame or chamber" under federal law must be serialized by afederally licensed manufacturer or importer,However, as of 08/24/22, the date on which the rule came into force, gunsmiths can also. See 87 Fed. Registration Number. in it24653(“Additionally, the rule finalizes proposed changes to the term “gunsmith” to include those involved in identifying firearms for those without a license, ensuring greater access to professional marking services for PMF.”) This alternative only reiterates the current law requiring manufacturers and importers to mark serial numbers since the passage of the Gun Control Act of 1968. See18 USC § 923(i)🇧🇷 This alternative requires the firearm to be marked in accordance with the marking procedure and protocol set forth in the newly published ATF standard.namely., the markings must meet the requirements of federal law for depth, size, and content, and the manufacturer or importer applying the markings must register the firearm in their A&D books. See 87 Fed. Registration Number. in it24742, change section478.92(a)(2)🇧🇷 For these depth, length, and content requirements, see 87 Fed. Registration Number. in it24741-42, change27 CFR 478.92(a)(1).A frame or receiver so marked by a manufacturer or importer need not be registered with the Maryland State Police..
Failure to comply with these possession requirements is punishable by up to 2 years in prison and a fine of up to $10,000 per firearm. Conviction for this felony possession will not result in a lifetime disqualification from firearms under federal or state law. Neither the ATF rule nor Maryland law requires an FFL to participate. A willing FFL is free to charge a fee of any amount. You can read more about what the bill does in a previous MSI review.ON HERE.
MSI support:We believe that relatively few FFLs are likely to actually participate in these printing programs, especially after August 24, 2022, when the ATF rule goes into effect. Under current federal law, only a state-licensed manufacturer or importer can serialize a firearm. Most Maryland dealers are not. Under the ATF rule, after August 24, 2022, the ATF will also allow a gunsmith to stamp serial numbers. By contrast, Maryland law basically allows any FFL to print these marks under the ZIP code alternative, but for practical reasons, it is likely that only manufacturers, importers, or gunsmiths would have access to the expensive engraving machines and the expertise required to serialization. The ATF rule does not require manufacturers, importers, or gunsmiths to accept ownership of a deserialized firearm.
As of the effective date, the ATF rule requires the FFL to record all PMF in its A&D books and print a serial numbercontaining part of the FFL license number🇧🇷 See 87 Fed. Registration Number.24742, change27 CFR 478.92(a)(2)("The serial number must begin with the licensee's abbreviated federal firearms license number, consisting of the first three and last five digits, preceded by a unique identification number, followed by a hyphen, for example, "12345678 - [unique identification number]" ) .It's not at all clear under the ATF rule that any FFL, including manufacturers, importers, and gunsmiths, can only print and record the Maryland ZIP code.This identification number and method simply does not include the FFL license number. The ATF rule states that a licensee can use a number already present in a PMF by adding the licensee's FFL license number as a prefix to a number required by state law or already used by another licensee or even registered by a non-licensee. See 87 Fed. Registration Number.24711🇧🇷 In summary, it is relatively clear that as of August 24, 2022, no manufacturer, importer or gunsmith will label any PMF simply with the zip code allowed by HB425/SB387. ATF regulations require the licensee to record the identification number in their A&D books. 87 federal. Registry number. in it24746, change27 CFR 478.125(i)🇧🇷 The number to register is the number that contains the Licensee's FFL number and no other number. This is the only way to meet the traceability objectives on which the ATF regulation is based. See 87 Fed. Registration Number. in it24669.
Also, while Maryland law appears to allow any FFL to designate ZIP codes, we found nothing in the ATF rule that would allow FFLs that areNoManufacturers, importers or gunsmiths to make identification prints. The rule redefines a "gunsmith" as an entity authorized to perform this service, but specifically does not redefine other types of FFLs to authorize this service. It follows that only gunsmiths and manufacturers and importers are allowed to stamp identification. Supporting this conclusion is the rule's statement that "licensed gunsmiths, manufacturers, and importers" "may make same-day adjustments for unmarked PMF repairs as long as they do not add them to stock overnight." tomorrow" and send them. to the person from whom they were received." 87 Fed. Reg. No. in24730🇧🇷 The same discussion makes it clear that these types of licensees must record such FAQs in their A&D books if the PMF is accepted for the reservation, regardless of whether it is a same-day reservation. (I WOULD GO.). While it is reasonable to read the ATF rule as applicable to all dealers, see 87 Fed. Registration Number. at 24742, amending 27 C.F.R. 478.92(a)(2), licensees who are not gunsmiths, manufacturers, or importers may not perform the actual marking, but must subcontract marking services to a gunsmith, manufacturer, or importer. The ATF rule makes this abundantly clear when it acknowledges that "most FFLs do not have gunsmiths on staff" and states that "a portion of the [FFL] population must hire gunsmith services." 87 federal. Registry number. at 24719. An authorized FFL dealer who is not a gunsmith and is unwilling to "hire a gunsmith" is, of course, free to refuse to include PMF in their inventory. See 87 Fed. Registration Number. at 24706 ("Nothing in this rule requires licensees to include PMF in inventory..."). In fact, if all FFLs of any type could make this marking, there would be no reason to single out Type 01 gunsmiths for special treatment in the rule. So even though Maryland law allowsnoneTo print FFLs, nothing in the ATF rule would allow such an FFL that is not a licensed manufacturer, importer, or gunsmith to do so. Federal regulations for printing serial numbers are also very specific and demanding, requiring expensive engraving machines and knowledge that probably only manufacturers, importers, and gunsmiths possess. All of these serial number requirements create legal risks for the FFL, as any violation of ATF regulations could result in the loss of the FFL's federal license. We see many potential legal pitfalls for unsuspecting FFLs.
The few FFLs willing to take these risks will likely charge a substantial fee (who can blame them?). Given that there are countless thousands of owners and tens of thousands of unserialized firearms and "unfinished frames or receivers" in Maryland, we doubt that most existing owners will be able to obtain serialization services from a qualified FFL before March 1. of 2023. This will be especially true for owners of polymer frames, since federal regulations require a metal surface for etching. For example, the ATF rule states: "An acceptable method of identifying a PMF is to affix the serial number to a metal plate permanently embedded in a polymer receiver or frame, or other method approved by the Director." 87 federal. Registry number. in it24742, change27 CFR 478.92(a)(2)🇧🇷 These metal plates may be missing.
Owners unable to obtain serialization must destroy these firearms (or unfinished receivers), sell them to an FFL, remove them from the state, or turn them in to a state law enforcement agency. Once again, law-abiding individuals are being criminalized for Maryland's irrational gun control policy, which is based more on hysteria and gun hatred than rational thought.
The Maryland State Police provided:
Federal firearms license holders who provide marking services required by Maryland
Untraceable Firearms Notice LD-FRU-22-003 - Revised
Federal Firearms License (FFL) Marking ServiceLD-FRU-22-004
Instructions for Filing Applications for Privately Manufactured Firearms and Unfinished Frames or Receivers
**NEU:DRAGGABLE WEAPONS (also known as GHOST WEAPONS)** INFO
on June 1, 2022,Senate Bill 387 (Untraceable Firearms) enters into force, adding Subtitle 7 to Title 5 of the Public Safety Article🇧🇷 This new law expands the definition of a firearm, restricts unfinished frames or cases (commonly known as 80 percent guns or ghost guns) until certain federal regulations are established, and requires that a number of specific serial or personal identification number in private. manufactured firearmsunfinished versions or recipients of a Federal Firearms Licensee (FFL) authorized to provide marking services until a specified date.
(Video) New Legislation Would Ban Untraceable 'Ghost Guns' In MarylandFFLs providing dialing services are reminded PS 5-703(B)(2)(II)(1)(A-C) that this is a gunsmith service and the printing of the personal identification number is required by the federal government it is not associated with the FFL - License Number. The customer who sends the PMF or the unfinished frame or receiver to the FFL must provide the FFL with the alphanumeric characters to be printed asPS5-703🇧🇷 FFLs are informed that the personal identification number must be printed on a single line as follows:
- CEPof the current owner or the person who originally manufactured, completed, or assembled the firearm, followed by
- Initials of the current owner or the person who originally manufactured, completed, or assembled the firearm, followed by
- A number that was not used on another firearm that this person originally made, completed, or assembled by the current owner or the person who initially made, completed, or assembled the firearm
Personal Identification Number Format Example: 21208MSP001
Applicants who wish to register their privately manufactured firearms andunfinished frame or receiver accPS5-703please click the following linklicense portal.
Applicants must provide the name and FFL number of the FFL that printed the federally required personal identification number on the firearm they are registering. Applicants for privately manufactured firearms and unfinished frames or receivers can view step-by-step instructions for submitting this type of application to the licensing portal by clicking the link below:Unfinished Receiver or Frame FAQ and Instructions
(Video) New laws require Maryland ghost gun owners to engrave them with serial number
Not a member of MSI yet?Join here!
