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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1339*
HOUSE BILL 1339
E4 6lr2289
CF SB 830
By: Delegate Embry
Introduced and read first time: February 12, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Handgun Roster Reform 2
FOR the purpose of altering provisions of law relating to the handgun roster, including 3
requiring the Attorney General, or the Attorney General’s designee, to conduct a 4
certain legal review of a petition to place a handgun on the handgun roster and to 5
make a certain determination before the handgun shall be placed on the handgun 6
roster by the Handgun Roster Board ; requiring the Maryland State Police, or a 7
certain accredited laboratory, to conduct testing and to prepare a certain test report 8
on a specimen of a certain handgun; prohibiting a handgun from being placed on the 9
handgun roster unless the handgun passes certain testing; authorizing the Attorney 10
General to designate certain materials as confidential under this Act and requiring 11
certain confidentiality rules; altering the responsibilities of the Handgun Roster 12
Board; requiring the Handgun Roster Board to coordinate with the Attorney General 13
and Maryland State Police under this Act; and generally relating to the handgun 14
roster. 15
BY repealing and reenacting, with amendments, 16
Article – Public Safety 17
Section 5–401, 5–404, and 5–405 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Public Safety 22
Section 5–402 and 5–406 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2025 Supplement) 25
BY repealing 26
Article – Public Safety 27
Section 5–403 28
2 HOUSE BILL 1339
Annotated Code of Maryland 1
(2022 Replacement Volume and 2025 Supplement) 2
BY adding to 3
Article – Public Safety 4
Section 5–403 and 5–403.1 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2025 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Public Safety 10
5–401. 11
(a) In this subtitle the following words have the meanings indicated. 12
(B) “ATTORNEY GENERAL” MEANS THE ATTORNEY GENERAL OR THE 13
ATTORNEY GENERAL’S DESIGNEE. 14
[(b)] (C) “Board” means the Handgun Roster Board. 15
(D) “EXEMPLAR” MEANS A FIREARM, FIREARM PART, OR 16
MANUFACTURER–PROVIDED SAMPLE OF A FIREARM OR FIREARM PART SUBMITTED 17
FOR PURPOSES OF TECHNICAL INSPECTION AND COMPARISON. 18
[(c)] (E) (1) “Handgun” means a pistol, a revolver, or any other firearm 19
capable of being concealed on the person. 20
(2) “Handgun” does not include a shotgun, a rifle, a short –barreled rifle, a 21
short–barreled shotgun, or an antique firearm. 22
[(d)] (F) “Handgun roster” means the roster of authorized handguns compiled 23
by the Board under § 5–405 of this subtitle. 24
[(e)] (G) “Secretary” means the Secretary of State Police or the Secretary’s 25
designee. 26
5–402. 27
(a) This subtitle does not affect a person’s right to: 28
(1) manufacture, sell, or offer to sell a rifle or other weapon that is not 29
defined as a handgun in § 4–201 of the Criminal Law Article; 30
HOUSE BILL 1339 3
(2) manufacture a prototype handgun model required for design, 1
development, testing, and approval by the Board; and 2
(3) manufacture in this State a handgun that is not on the handgun roster 3
by a federally licensed gun manufacturer who is also licensed as a regulated firearms dealer 4
in this State for direct sale to a unit of: 5
(i) the federal government; 6
(ii) a state other than this State; 7
(iii) a local government in a state other than this State; or 8
(iv) a law enforcement agency in a state other than this State. 9
(b) (1) A person is not strictly liable for damages for injuries to another that 10
result from the criminal use of a firearm by a third person. 11
(2) Paragraph (1) of this subsection does not apply if the person conspired 12
with the third person to commit the criminal act in which the firearm was used or willfully 13
aided, abetted, or caused the commission of the criminal act in which the firearm was used. 14
(3) This subtitle does not otherwise negate, limit, or modify the doctrine of 15
negligence or strict liability that relates to abnormally dangerous products or activities and 16
defective products. 17
[5–403. 18
The Secretary shall adopt regulations necessary to carry out this subtitle.] 19
5–403. 20
(A) (1) THE ATTORNEY GENERAL SHALL APPROVE THE PLACEMENT OF 21
A HANDGUN ON THE HAN DGUN ROSTER UNDER § 5–405 OF THIS SUBTITLE ON THE 22
SUCCESSFUL PETITION OF ANY PERSON, SUBJECT TO SUBSECTIONS (B) AND (C) OF 23
THIS SECTION. 24
(2) A PETITION TO PLACE A HANDGUN ON THE HANDG UN ROSTER 25
SHALL BE SUBMITTED TO THE ATTORNEY GENERAL IN WRITING IN THE FORM AND 26
MANNER THAT THE ATTORNEY GENERAL REQUIRES. 27
(3) A PERSON WHO PETITIONS FOR PLACEMENT OF A H ANDGUN ON 28
THE HANDGUN ROSTER HAS THE BURDEN OF PROVING TO THE ATTORNEY GENERAL 29
THAT THE HANDGUN SHOULD BE PLACED ON THE HANDGUN ROSTER. 30
4 HOUSE BILL 1339
(B) THE ATTORNEY GENERAL SHALL: 1
(1) CONDUCT A LEGAL REVI EW OF EACH PETITION TO PLACE A 2
HANDGUN ON THE HANDGUN ROSTE R, AS WELL AS ANY MATERIALS AND 3
INFORMATION PROVIDED UNDER SUBSECTION (D) OF THIS SECTION; AND 4
(2) DETERMINE WHETHER THE HANDGUN IS LAWFUL UNDER STATE 5
AND FEDERAL LAW FOR PLACEMENT ON THE HANDGUN ROSTER. 6
(C) BEFORE A HANDGUN IS P LACED ON THE HANDGUN ROSTER, THE 7
HANDGUN SHALL PASS TESTING UNDER § 5–403.1 OF THIS SUBTITLE. 8
(D) (1) A PETITIONER SHALL PROVIDE THE FOLLOWING MATERIALS AND 9
INFORMATION TO THE ATTORNEY GENERAL WITH A PETITION: 10
(I) THE HANDGUN MARKINGS, INCLUDING: 11
1. THE SERIAL NUMBER; 12
2. THE MANUFACTURER; 13
3. THE MODEL; AND 14
4. THE CALIBER; 15
(II) AN EXEMPLAR OR, IF AN EXEMPLAR IS NO T AVAILABLE, A 16
REPRESENTATIVE MODEL OR DETAILED MANUFACT URER TECHNICAL 17
SPECIFICATIONS OF THE HANDGUN; 18
(III) ANY MANUFACTURER REPRESENTATIONS, INCLUDING ANY 19
STATEMENTS OF FACT O R PROMISES MADE BY THE MANUFACTURER ABOUT T HE 20
HANDGUN; AND 21
(IV) ANY OTHER ADDITIONAL INFORMATION REQUESTED BY THE 22
ATTORNEY GENERAL. 23
(2) (I) SUBJECT TO SUBPARAGRAPHS (II) AND (III) OF THIS 24
PARAGRAPH, THE ATTORNEY GENERAL SHALL HAVE 45 DAYS TO COMPLETE THE 25
REVIEW OF A PETITION UNDER SUBSECTION (B) OF THIS SECTION. 26
(II) THE REVIEW PERIOD SHALL BE TOLL ED WHILE 27
REASONABLE REQUESTS FOR ADDITIONAL INFORMATION ARE PENDING, INCLUDING 28
TESTING REPORT RESULTS UNDER § 5–403.1 OF THIS SUBTITLE. 29
HOUSE BILL 1339 5
(III) THE REVIEW PERIOD MAY BE EXTENDED FOR GOOD CAUSE 1
AT THE DISCRETION OF THE ATTORNEY GENERAL. 2
(E) THE ATTORNEY GENERAL SHALL CONSIDER CAREFULLY EACH OF THE 3
FOLLOWING CHARACTERISTICS OF A HANDGUN WITHOUT PLACING UNDUE WEIGHT 4
ON ANY ONE CHARACTERISTIC IN DETERMINING WHETHER ANY HANDGUN SHOULD 5
BE PLACED ON THE HANDGUN ROSTER: 6
(1) CONCEALABILITY; 7
(2) BALLISTIC ACCURACY; 8
(3) WEIGHT; 9
(4) QUALITY OF MATERIALS; 10
(5) QUALITY OF MANUFACTURE; 11
(6) RELIABILITY AS TO SAFETY; 12
(7) CALIBER; 13
(8) DETECTABILITY BY THE STANDARD SECURITY EQ UIPMENT THAT 14
IS COMMONLY USED AT AN AIRPORT OR A COURTHOUSE AND THAT IS APPROVED BY 15
THE FEDERAL AVIATION ADMINISTRATION FOR USE AT AIRPORTS IN THE UNITED 16
STATES; AND 17
(9) UTILITY FOR LEGITIMA TE SPORTING ACTIVITI ES, 18
SELF–PROTECTION, OR LAW ENFORCEMENT. 19
(F) (1) AFTER THE REVIEW OF THE PETITION IS COMPLETE D UNDER 20
SUBSECTION (D) OF THIS SECTION , THE ATTORNEY GENERAL SHALL ISSUE A 21
WRITTEN DETERMINATION TO THE BOARD AND PETITIONER REGARDING WHETHER 22
THE HANDGUN IS LAWFU L UNDER STATE AND FEDERAL LAW FOR PLACEMENT ON 23
THE HANDGUN ROSTER. 24
(2) THE WRITTEN DETERMINATIO N REQUIRED UNDER THIS 25
SUBSECTION SHALL INCLUDE: 26
(I) A STATEMENT AS TO WHETHER THE HANDGUN IS LAWFUL TO 27
BE PLACED ON THE HANDGUN ROSTER UNDER STATE AND FEDERAL LAW; 28
6 HOUSE BILL 1339
(II) THE SUPPORTING LEGAL ANALYSIS FOR THE APPROVAL OR 1
DENIAL OF PLACEMENT OF THE HANDGUN ON THE HANDGUN ROSTER; AND 2
(III) IF THE DETERMINATION IS A D ENIAL OF PLACEMENT O F 3
THE HANDGUN ON THE HANDGUN ROSTER, WHETHER REMEDIATION IS AVAILABLE. 4
(G) THE BOARD SHALL RECEIVE T HE WRITTEN DETERMINATION UNDER 5
SUBSECTION (F) OF THIS SECTION SOLELY FOR PURPOSES OF PROCEDURAL 6
OVERSIGHT TO COMPILE AND MAINTAIN A HANDG UN ROSTER UNDER § 5–405 OF 7
THIS SUBTITLE. 8
(H) (1) (I) ANY MATERIALS PROVIDED TO THE BOARD UNDER THIS 9
SECTION MAY BE DESIGNATED AS CONFIDENTIAL BY THE ATTORNEY GENERAL. 10
(II) IF THE ATTORNEY GENERAL DESIGNATES MATERIALS AS 11
CONFIDENTIAL UNDER T HIS PARAGRAPH , THE MATERIALS SHALL BE KEPT 12
CONFIDENTIAL BY ALL BOARD MEMBERS, STAFF MEMBERS, AND COUNSEL. 13
(2) (I) ANY BOARD MEMBER, STAFF MEMBER, OR COUNSEL WITH 14
ACCESS TO CONFIDENTIAL MATERIALS SHALL COMPLY WITH AL L APPLICABLE 15
CONFIDENTIALITY, CONFLICT OF INTEREST, AND SELF–RECUSAL RULES. 16
(II) THE FAILURE TO COMPLY WITH A RULE RELATING TO 17
CONFIDENTIAL MATERIA LS SUBJECTS A BOARD MEMBER, STAFF MEMBER, OR 18
COUNSEL TO DISCIPLINE AND ANY OTHER CONSEQUENCES AS PROVIDED BY LAW. 19
(I) (1) IF THE ATTORNEY GENERAL DENIES THE PLACEMENT OF A 20
HANDGUN ON THE HANDGUN ROSTE R AFTER THE REVIEW OF A PETITION, THE 21
HANDGUN MAY NOT BE PLACED ON THE HANDGU N ROSTER UNTIL THE ATTORNEY 22
GENERAL ISSUES A SUBSEQUENT WRITTEN DETERMINATION THAT THE DEFICIENCY 23
HAS BEEN REMEDIED AN D THE HANDGUN IS LAW FUL UNDER STATE AND FEDERAL 24
LAW FOR PLACEMENT ON THE HANDGUN ROSTER. 25
(2) THE ATTORNEY GENERAL MAY LIMIT THE NUMBER OF TIMES A 26
PETITIONER MAY FILE A RESUBMISSION TO PLACE A HANDGUN O N THE HANDGUN 27
ROSTER UNDER THIS SUBTITLE. 28
(J) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE BOARD, SHALL 29
PUBLISH ONLINE ALL FINAL DETERMINAT IONS MADE UNDER THIS SECTION , 30
INCLUDING THE SUPPORTING LEGAL ANALYSIS FOR THE APPROVAL OR DENIAL OF 31
PLACEMENT OF THE HANDGUN ON THE HANDGUN ROSTER. 32
HOUSE BILL 1339 7
(K) ANY PETITIONER WHO IS AGGRIEVED UNDER THIS SECTION MAY 1
APPEAL WITHIN 30 DAYS AFTER A FINAL DECISION OF THE ATTORNEY GENERAL IN 2
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 3
(L) (1) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE 4
MARYLAND STATE POLICE AND THE BOARD, SHALL: 5
(I) REEVALUATE ALL HANDGUNS THAT WERE APPROVED TO BE 6
ON THE HANDGUN ROSTE R BEFORE OCTOBER 1, 2026, TO DETERMINE WHETHER 7
THEY ARE STILL LEGAL UNDER STATE AND FEDERAL LAW; AND 8
(II) ENSURE COMPLIANCE WI TH THE REQUIREMENTS OF THIS 9
SUBTITLE. 10
(2) ANY PETITION TO PLACE A HANDGUN ON THE HANDGUN ROSTER 11
FILED ON OR BEFORE A ND PENDING AS OF OCTOBER 1, 2026, SHALL BE 12
ADJUDICATED UNDER THE PROCEDURES ESTABLISHED BY THIS SUBTITLE. 13
(M) THE ATTORNEY GENERAL MAY ADOPT REG ULATIONS TO IMPLEMEN T 14
THIS SECTION. 15
5–403.1. 16
(A) THE PURPOSE OF THIS S ECTION IS TO ENSURE THAT HANDGUN S 17
SUBMITTED FOR CONSID ERATION FOR PLACEMEN T ON THE HANDGUN ROS TER 18
UNDER THIS SUBTITLE SATISFY CERTAIN SAFE TY AND FUNCTIONALITY 19
REQUIREMENTS. 20
(B) (1) THE ATTORNEY GENERAL MAY REQUEST THAT THE MARYLAND 21
STATE POLICE TEST A HANDGUN TO DETERMINE WHETHER THE HANDGUN IS SAFE 22
AND FUNCTIONAL. 23
(2) IF THE ATTORNEY GENERAL REQUESTS TEST ING UNDER 24
PARAGRAPH (1) OF THIS SUBSECTION, THE MARYLAND STATE POLICE SHALL: 25
(I) CONDUCT THE TESTING; OR 26
(II) CONTRACT WITH AN IND EPENDENT ACCREDITED TESTING 27
LABORATORY TO CONDUCT THE TESTING. 28
(3) IF THE MARYLAND STATE POLICE CONTRACT WITH AN 29
INDEPENDENT ACCREDIT ED TESTING LABORATORY TO CONDUC T THE TESTING 30
8 HOUSE BILL 1339
UNDER THIS SUBSECTIO N, THE ATTORNEY GENERAL SHALL REVIEW THE 1
AGREEMENT. 2
(C) (1) SUBJECT TO SUBSECTION (E) OF THIS SECTION, TESTING UNDER 3
THIS SECTION SHALL BE CONDUCTED ON ONE SPECIMEN OF THE HANDGUN. 4
(2) THE SPECIMEN SHALL BE SOURCED UND ER DOCUMENTED 5
CHAIN–OF–CUSTODY RULES ESTABLISHED BY THE MARYLAND STATE POLICE. 6
(3) THE MARYLAND STATE POLICE MAY REQUIRE THAT THE 7
SPECIMEN BE PROCURED FROM A COMMERCIAL DISTRIBUTION CENTER TO 8
MINIMIZE THE RISK OF PRE–TEST SELECTION BIAS. 9
(D) (1) THE TESTING UNDER THIS SECTION SHALL INCLUDE: 10
(I) FUNCTION TESTING , INCLUDING AT LEAST 500 11
CONTINUOUS ROUNDS OF LIVE FIRE USING COMMERCIAL FACTORY AMMUNITION 12
THAT IS APPROPRIATE FOR THE HANDGUN, WITHOUT CLEANING OR MAINTENANCE 13
TO CLEAR ANY MALFUNCTION DURING THE ENTIRE SEQUENCE OF LIVE FIRE; 14
(II) DROP AND IMPACT TESTING: 15
1. IN MULTIPLE SETTINGS; 16
2. AT MULTIPLE HEIGHTS; AND 17
3. WITH DIFFERENT SURFACE CONDITIONS; 18
(III) EVALUATION OF THE SAFETY MECHANISMS; 19
(IV) ENVIRONMENTAL AND MECHANICAL INTEGRITY TESTING; 20
AND 21
(V) MINIMUM FUNCTION TEST PARAMETERS WITH PASS OR FAIL 22
THRESHOLDS. 23
(2) A SPECIMEN SHALL FAIL THE FUNCTION TESTING UNDER 24
PARAGRAPH (1)(I) OF THIS SUBSECTION IF THE SPECIMEN EXPERIENCES MORE 25
THAN SIX MALFUNCTIONS DURING THE 500–ROUND TEST. 26
(3) A SPECIMEN SHALL FAIL THE DROP AND IMPACT TESTING UNDER 27
PARAGRAPH (1)(II) OF THIS SUBSECTION IF THE SPECIMEN DISCHARGES AS A 28
RESULT OF THE DROP AND IMPACT TESTING. 29
HOUSE BILL 1339 9
(4) ANY UNINTENDED DISCHA RGE OR MECHANICAL FAILURE OF A 1
SPECIMEN DURING ANY OF THE TESTING UNDER PARAGRAPH (1) OF THIS 2
SUBSECTION SHALL CONSTITUTE AN AUTOMATIC FAILURE FOR THE SPECIMEN. 3
(E) THE MARYLAND STATE POLICE MAY REQUIRE ADDITIONAL SPECIMENS 4
FOR TESTING UNDER THIS SECTION IF: 5
(1) PRODUCT VARIABILITY IS SUSPECTED; 6
(2) THERE ARE ANOMALOUS TEST RESULTS; OR 7
(3) THERE ARE CREDIBLE SAFETY CONCERNS. 8
(F) (1) THE MARYLAND STATE POLICE, OR THE INDEPENDENT 9
ACCREDITED TESTING LABORATORY IF RETAINED UNDER SUBSECTION (B) OF THIS 10
SECTION, SHALL PREPARE A WRIT TEN TEST REPORT DOCU MENTING THE TEST 11
RESULTS UNDER SUBSECTION (D) OF THIS SECTION. 12
(2) EACH TEST REPORT SHALL: 13
(I) IDENTIFY THE SPECIMEN TESTED; 14
(II) IDENTIFY THE AMMUNITION USED; 15
(III) DESCRIBE THE SEQUENCE OF TESTS ADMINISTERED; 16
(IV) DESCRIBE ANY MALFUNCTIONS; 17
(V) LIST ANY DISCHARGES; 18
(VI) CONTAIN PHOTOGRAPHS AND VIDEO S OF ANY FAILURES ; 19
AND 20
(VII) STATE A PASS OR FAIL DETERMINATION FOR THE 21
SPECIMEN. 22
(G) (1) THE MARYLAND STATE POLICE SHALL PROVIDE THE ATTORNEY 23
GENERAL AND THE BOARD WITH: 24
(I) EACH TEST REPORT COM PLETED UNDER THIS SE CTION; 25
AND 26
10 HOUSE BILL 1339
(II) WRITTEN NOTICE IF A HANDGUN FAILS TESTING , 1
INCLUDING THE REASON FOR THE FAILURE. 2
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, A 3
HANDGUN THAT FAILS TESTING UNDER THIS SECTION MAY BE REMEDIATED BY THE 4
PETITIONER AND RESUBMITTED FOR A RETEST. 5
(II) IF A HANDGUN FAILS TESTING UNDER THIS SECTION , A 6
PETITIONER MAY NOT R EFILE A PETITION FOR THE SAME HANDGUN FOR 2 YEARS 7
FROM THE DATE OF THE FAIL DETERMINATION MADE BY THE MARYLAND STATE 8
POLICE OR THE INDEPENDENT A CCREDITED TESTING LABORATORY UNLESS THE 9
PETITIONER SUBMITS DOCUMENTATION OF A MATERIAL DESIGN OR 10
MANUFACTURING CHANGE. 11
(H) IF A HANDGUN FAILS TESTING UNDER THIS SECTION , THE HANDGUN 12
MAY NOT BE PLACED ON THE HANDGUN ROSTER UNDER § 5–405 OF THIS SUBTITLE 13
UNLESS AND UNTIL THE HANDGUN PASSES TESTING. 14
(I) THE MARYLAND STATE POLICE MAY COORDINATE TESTING WITH THE 15
ATTORNEY GENERAL, THE BOARD, AND ANY OTHER ENTITIES THE MARYLAND 16
STATE POLICE CONSIDERS NECESSARY TO CARRY O UT THE PROVISIONS OF THIS 17
SECTION. 18
(J) (1) HANDGUNS THAT ARE LISTED ON T HE HANDGUN ROSTER AS OF 19
OCTOBER 1, 2026, SHALL BE TESTED BY THE MARYLAND STATE POLICE ON OR 20
BEFORE MARCH 31, 2028. 21
(2) THE MARYLAND STATE POLICE SHALL WORK WIT H THE BOARD 22
AND MANUFACTURERS TO SCHEDULE TESTING UNDER PARAGRAPH (1) OF THIS 23
SUBSECTION. 24
(K) THE MARYLAND STATE POLICE SHALL ADOPT REGULATI ONS TO 25
IMPLEMENT THIS SECTION THAT SHALL ADDRESS: 26
(1) TESTING PROTOCOLS AND PARAMETERS; 27
(2) ACCREDITATION STANDARDS FOR LABORATORIES; 28
(3) CHAIN–OF–CUSTODY PROCEDURES FOR OBTAI NING SPECIMENS 29
OF HANDGUNS; 30
(4) OBTAINING ADDITIONAL SPECIMENS; 31
HOUSE BILL 1339 11
(5) REASONABLE LIMITS ON THE NUMBER AND TIMING OF RETESTS; 1
(6) REASONABLE FEES FOR TESTING AND RETESTING; AND 2
(7) ANY OTHER RELEVANT MATTERS. 3
5–404. 4
(a) There is a Handgun Roster Board in the Department of State Police. 5
(b) (1) The Board consists of 11 members. 6
(2) Of the 11 members of the Board: 7
(i) one shall be the Secretary as an ex officio member; 8
(ii) ten shall be appointed by the Governor with the advice and 9
consent of the Senate; and 10
(iii) all shall be Maryland residents. 11
(3) Of the ten appointed members of the Board: 12
(i) one shall be a representative of the Association of Chiefs of 13
Police; 14
(ii) one shall be a representative of the Maryland State’s Attorneys’ 15
Association; 16
(iii) one shall be a handgun dealer, gunsmith, or representative of a 17
handgun manufacturer; 18
(iv) one shall be a resident of the State who is a [representative of 19
the National Rifle Association or its affiliated State association ] HANDGUN OWNER OR A 20
REPRESENTATIVE OF AN ORGANIZATION THAT AD VOCATES O N BEHALF OF 21
HANDGUN OWNERS, INCLUDING ORGANIZATI ONS THAT PROMOTE RES PONSIBLE 22
FIREARM OWNERSHIP, FIREARM SAFETY , RANGE INSTRUCTION, OR SECOND 23
AMENDMENT RIGHTS; 24
(v) one shall be a representative of an organization that advocates 25
against handgun violence; and 26
(vi) five shall be public members, two of whom shall be mechanical 27
or electrical engineers. 28
(c) The term of an appointed member is 4 years. 29
12 HOUSE BILL 1339
(d) The Secretary shall serve as chairman. 1
(e) The Board shall meet at the request of the chairman or of a majority of the 2
members. 3
(F) THE SECRETARY SHALL PROVIDE REASONABLE STAFFING, INCLUDING 4
AN EXECUTIVE SECRETARY AND ADMINISTRATIVE SUPPORT, TO THE BOARD. 5
5–405. 6
(a) THE PURPOSE OF THIS SECTION IS TO DEFINE THE BOARD’S ROLE AS A 7
PROCEDURAL OVERSIGHT BODY OF THE HANDGUN ROSTER. 8
(B) (1) The Board shall: 9
[(1)] (I) compile and maintain a handgun roster of authorized handguns 10
that are useful for legitimate sporting, self –protection, or law enforcement purposes IN 11
ACCORDANCE WITH THE FINAL DETERMINATIONS BY THE ATTORNEY GENERAL 12
UNDER § 5–403 OF THIS SUBTITLE; 13
[(2)] (II) annually publish the handgun roster in the Maryland Register; 14
and 15
[(3)] (III) semiannually send a copy of the handgun roster to all persons 16
who hold a State regulated firearm dealer’s license under Subtitle 1 of this title. 17
(2) WITHIN 15 DAYS AFTER RECEIPT OF A FINAL DETERMINATION BY 18
THE ATTORNEY GENERAL UNDER § 5–403 OF THIS SUBTITLE , THE BOARD SHALL 19
UPDATE THE HANDGUN ROSTER UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION. 20
[(b) The Board shall consider carefully each of the following characteristics of a 21
handgun without placing undue weight on any one characteristic in determining whether 22
any handgun should be placed on the handgun roster: 23
(1) concealability; 24
(2) ballistic accuracy; 25
(3) weight; 26
(4) quality of materials; 27
(5) quality of manufacture; 28
(6) reliability as to safety; 29
HOUSE BILL 1339 13
(7) caliber; 1
(8) detectability by the standard security equipment that is commonly used 2
at an airport or courthouse and t hat is approved by the Federal Aviation Administration 3
for use at airports in the United States; and 4
(9) utility for legitimate sporting activities, self –protection, or law 5
enforcement.] 6
(c) (1) The Board may NOT: 7
(I) place a handgun on the handgun roster on its own initiative; OR 8
(II) MAKE ANY DETERMINATION REGARDING THE LAWFULNESS, 9
SAFETY, OR FUNCTIONALITY OF A HANDGUN. 10
[(2) The Board shall place a handgun on the handgun roster on the 11
successful petition of any person subject to subsections (d) and (e) of this section, unless a 12
court, after all appeals are exhausted, has made a finding that the decision of the Board 13
shall be affirmed. 14
(3) A petition to place a handgun on the handgun roster shall be submitted 15
to the Board in writing in the form and manner that the Board requires. 16
(4) A person who petitions for placement of a handgun on the handgun 17
roster has the burden of proving to the Board that the handgun should be placed on the 18
handgun roster.] 19
(2) A HANDGUN SHALL BE PLACED ON THE HANDGUN ROSTER UNDER 20
THIS SECTION ONLY IF: 21
(I) THE ATTORNEY GENERAL DETERMINES THE HANDG UN IS 22
LAWFUL TO BE PLACED ON THE HANDGUN ROSTE R UNDER § 5–403 OF THIS 23
SUBTITLE; AND 24
(II) THE HANDGUN PASSES REQUIRED TESTING UND ER § 25
5–403.1 OF THIS SUBTITLE. 26
[(d) (1) Within 45 days after receipt of a petition to place a handgun on the 27
handgun roster, the Board shall: 28
(i) deny the petition in writing, stating the reasons for denial; or 29
14 HOUSE BILL 1339
(ii) approve the petition and publish a description of the handgun in 1
the Maryland Register, including notice that any objection to the handgun’s inclusion on 2
the handgun roster shall be filed with the Board within 30 days. 3
(2) If the Board fails to deny or approve a petition within the time required 4
under paragraph (1) of this subsection, the petition shall be considered denied. 5
(e) (1) If the Board denies a petition to place a handgun on the handgun roster, 6
the Board shall notify the petitioner by certified mail, return receipt requested. 7
(2) The petitioner may request a hearing within 15 days after the date that 8
the Board’s denial letter is received. 9
(3) (i) If the petitioner requests a hearing under paragraph (2) of this 10
subsection, within a reasonable time not to exceed 90 days after receiving the request, the 11
Board shall: 12
1. hold a hearing on the petition; and 13
2. issue a written final decision on the petition. 14
(ii) The Board shall provide notice of the hearing in accordance with 15
Title 10, Subtitle 2 of the State Government Article. 16
(iii) At a hearing held under this paragraph, the petitioner has the 17
burden of proving to the Board that the handgun should be placed on the handgun roster 18
because the handgun is useful for legitimate sporting activities, self –protection, or law 19
enforcement purposes. 20
(4) Any party of record who is aggrieved may appeal within 30 days after a 21
final decision of the Board in accordance with Title 10, Subtitle 2 of the State Government 22
Article. 23
(f) This section does not require the Boa rd to test any handgun or have any 24
handgun tested at the expense of the Board.] 25
(D) (1) ON OR BEFORE JANUARY 1 EACH YEAR , THE BOARD SHALL 26
SUBMIT TO THE ATTORNEY GENERAL AND THE SECRETARY A RECOMMENDED FEE 27
SCHEDULE FOR HANDGUN ROSTER PETITIONS, PROCESSING, TESTING, AND 28
RETESTING UNDER THIS SUBTITLE. 29
(2) THE BOARD’S RECOMMENDATIONS UNDER PARAGRAPH (1) OF 30
THIS SUBSECTION SHALL BE BASED ON: 31
HOUSE BILL 1339 15
(I) ADMINISTRATIVE COST S, INCLUDING PROCESSING 1
PETITIONS, STAFF REVIEW , AND RECORD –KEEPING REQUIREMENTS UNDER THIS 2
SUBTITLE; AND 3
(II) THE REASONABLE AND NE CESSARY COSTS OF REQ UIRED 4
SAFETY AND FUNCTIONALITY TESTING UNDER § 5–403.1 OF THIS SUBTITLE. 5
(3) THE ATTORNEY GENERAL, IN CONSULTATION WITH THE 6
SECRETARY, SHALL CONSIDER THE BOARD’S RECOMMENDATIONS FOR THE FEE 7
SCHEDULES AND MAY ADOPT, MODIFY, OR REJECT THE RECOMMENDATIONS. 8
(E) (1) ON OR BEFORE JANUARY 1 EACH YEAR , THE BOARD, IN 9
CONSULTATION WITH THE ATTORNEY GENERAL AND THE SECRETARY, SHALL 10
SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 11
2–1257 OF THE STATE GOVERNMENT ARTICLE. 12
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 13
SUBSECTION SHALL INCLUDE: 14
(I) A S UMMARY OF ALL PETITIONS RECEIVED DURING THE 15
YEAR; 16
(II) ALL FINAL DETERMINATIONS RENDERED UNDER § 5–403 OF 17
THIS SUBTITLE; 18
(III) ALL TESTING REPORTS UNDER § 5–403.1 OF THIS SUBTITLE, 19
INCLUDING: 20
1. PASS OR FAIL DETERMINATIONS; 21
2. SUMMARY MALFUNCTION DATA; 22
3. OBSERVED TRENDS AND EMERGENT TECHNOLOGIES; 23
AND 24
4. ANY BOARD RECOMMENDATIONS FOR STATUTORY , 25
REGULATORY, OR PROCEDURAL CHANGE S TO THE HANDGUN ROSTE R PROCESS 26
UNDER THIS SUBTITLE; AND 27
(IV) ANY OTHER INFORMATION THAT T HE BOARD, THE 28
ATTORNEY GENERAL, OR THE SECRETARY DETERMINES TO BE APPROPRIATE. 29
(F) THE BOARD SHALL: 30
16 HOUSE BILL 1339
(1) (I) REGULARLY MONITOR , REVIEW, AND AUDIT FOR 1
COMPLIANCE ANY R EPORTS, TESTING, CHAIN–OF–CUSTODY PRACTICES , ROSTER 2
ADMINISTRATION, AND ANY OTHER PROCESSES UNDER THIS SUBTITLE; AND 3
(II) REPORT ANY SIGNIFICANT PROCEDURAL NONCOMPLIANCE 4
UNDER THIS SUBTITLE TO THE APPROPRIATE OVERSIGHT AUTHORITIES FOR 5
FURTHER INVESTIGATION OR ENFORCEMENT ACTION; 6
(2) PROVIDE PUBLIC EDUCATION ABOUT THE HANDGUN ROSTER 7
PROCESS BY HOLDING STAKEHOLDER BRIEFINGS AND SOLICITING INPUT FROM 8
MANUFACTURERS, PUBLIC SAFETY ORGANIZATIONS , PUBLIC INTEREST GROUPS, 9
AND ANY OTHER RELEVANT PARTIES; 10
(3) ENSURE ALL BOARD MEMBERS RECEIVE AN ORIENTATION AND 11
ANNUAL TRAINING ON: 12
(I) THE SCOPE OF AUTHORITY FOR THE BOARD UNDER THIS 13
SUBTITLE; 14
(II) THE SCOPE OF AUTHORI TY FOR THE ATTORNEY GENERAL 15
AND THE SECRETARY UNDER THIS SUBTITLE; 16
(III) THE SCOPE OF AUTHORITY FOR THE MARYLAND STATE 17
POLICE UNDER THIS SUBTITLE; AND 18
(IV) THE DISTI NCTION BETWEEN THE OVERSIGHT FUNCTIONS 19
OF THE BOARD AND THE DETERMINATIONS MADE UNDER §§ 5–403 AND 5–403.1 OF 20
THIS SUBTITLE AND ANY APPLICABLE REGULATIONS; AND 21
(4) HAVE ACCESS TO LEGAL COUNSEL PROVIDED BY THE ATTORNEY 22
GENERAL OR OTHER COUNSEL DESIGNATED BY LAW FOR PROCEDURAL OVERSIGHT 23
AND GOVERNANCE ADVICE. 24
(G) IF A BOARD MEMBER HAS A DISQUALIFYING INTEREST IN A MATTER 25
BEFORE THE BOARD, THE BOARD MEMBER SHALL SELF–RECUSE FROM 26
PARTICIPATION IN THAT MATTER IMMEDIATELY. 27
(H) THE BOARD SHALL ADOPT PROCEDURES TO GOVERN MEETING 28
FREQUENCY, QUORUM, NOTICE, RECORD KEEPING, PUBLIC ACCESS TO AGE NDAS 29
AND MINUTES OF MEETI NGS, SUBJECT TO SAFETY AN D CONFIDENTIALITY 30
EXCEPTIONS, VOTE THRESHOLDS, AND OTHER ADMINISTRATION REQUIREMENTS. 31
HOUSE BILL 1339 17
(I) (1) THE BOARD MAY NOT OVERTURN OR VACATE A DETERM INATION 1
UNDER § 5–403 OR § 5–403.1 OF THIS SUBTITLE. 2
(2) IF THE BOARD IDENTIFIES A PROCEDURAL ISSUE WITH RESPECT 3
TO THE HANDGUN ROSTER PROCESS UNDER THIS SUBTITLE, THE BOARD MAY TAKE 4
THE FOLLOWING ACTIONS: 5
(I) SUBMIT A REASONABLE RECOMMENDATION FOR REMEDIAL 6
ACTION TO THE ATTORNEY GENERAL AND THE SECRETARY; AND 7
(II) SEEK ADMINISTRATIVE REVIE W IN ACCORDANCE WITH 8
TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 9
(3) (I) THE BOARD MAY ADVISE AND MAKE RECOMMENDAT IONS 10
TO THE ATTORNEY GENERAL AND THE MARYLAND STATE POLICE ON POLICY 11
MATTERS, REGULATORY PRIORITIES, AND TECHNICAL PROCEDURAL PROTOCOLS 12
UNDER THIS SUBTITLE. 13
(II) THE ATTORNEY GENERAL AND THE MARYLAND STATE 14
POLICE SHALL CONSIDER THE BOARD’S RECOMMENDATIONS AND ADVICE IN GOOD 15
FAITH AND PROVIDE WR ITTEN RESPONSE TO ANY BOARD RECOMMENDATIONS 16
WITHIN A REASONABLE TIME PERIOD. 17
(J) (1) IF THE BOARD IDENTIFIES A CREDIBLE TESTING CONCERN, SUCH 18
AS ANOMALOUS RESULTS , EVIDENCE OF PRODUCT VARIABILITY, OR SAFETY 19
CONCERNS, THE BOARD MAY REQUEST THAT THE MARYLAND STATE POLICE 20
CONDUCT ADDITIONAL T ESTING AT THE EXPENS E OF THE PETITIONER UNDER § 21
5–403.1 OF THIS SUBTITLE. 22
(2) THE DECISION ON WHETHER TO CONDUCT ADDITIONAL TESTING 23
UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL BE MADE BY THE SECRETARY. 24
(K) THE BOARD SHALL COORDINATE WITH THE ATTORNEY GENERAL AND 25
THE MARYLAND STATE POLICE TO: 26
(1) ENSURE PROMPT PROCEDURAL COMPLIANCE UNDER THI S 27
SUBTITLE; 28
(2) PUBLISH AND ESTABLISH INTERIM PROCEDURES TO EFFECTUATE 29
THIS SUBTITLE; AND 30
(3) ADOPT REGULATIONS TO IMPLEMENT THIS SUBTITLE. 31
18 HOUSE BILL 1339
5–406. 1
(a) (1) Except as provided in § 5 –402 of this subtitle, a person may not 2
manufacture for distribution or sale a handgun that is not included on the handgun roster 3
in the State. 4
(2) A person may not sell or offer for sale in the State a handgun 5
manufactured after January 1, 1985, that is not included on the handgun roster. 6
(3) A person may not manufacture, sell, or of fer for sale a handgun on 7
which the manufacturer’s identification mark or number is obliterated, removed, changed, 8
or otherwise altered. 9
(b) The Secretary may seek an order from a circuit court to permanently or 10
temporarily enjoin the willful and continu ous manufacture, sale, or offer for sale, in 11
violation of this section, of a handgun that is not included on the handgun roster. 12
(c) (1) A person who manufactures a handgun for distribution or sale in 13
violation of this section is guilty of a felony and o n conviction is subject to imprisonment 14
not exceeding 5 years or a fine not exceeding $10,000 or both for each violation. 15
(2) A person who sells or offers to sell a handgun in violation of this section 16
is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a 17
fine not exceeding $2,500 or both for each violation. 18
(3) For purposes of this subsection, each handgun manufactured, sold, or 19
offered for sale in violation of this section is a separate violation. 20
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 21
the application of any provision of this Act to any person or circumstance is held invalid for 22
any reason in a court of competent jurisdiction, the invalidity does not affect other 23
provisions or any other application of this Act that can be given effect without the invalid 24
provision or application, and for this purpose the provisions of this Act are declared 25
severable. 26
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2026. 28