Judicial Proceedings Committee declines House amendment on "Glock switch" bill, insists State Police publish prohibited‑weapon list

The Judicial Proceedings Committee on April 8 moved to reject a House amendment to Senate Bill 334 and to uphold the Senate’s version requiring the Maryland State Police to adopt regulations that include a published list of "prohibited machine gun convertible pistols." The motion not to concur was seconded and recorded.

Committee counsel (Jamie) explained that the House amendment changed a mandatory agency duty from "shall" to "may," making publication of a list discretionary. Members pressed counsel about the practical and legal effect of that change, asking whether an agency list could create tension with the bill’s descriptive statutory text and how courts would treat an item that fits the statute but is omitted from the list.

Mark Elrich and other senators said they favored mandating publication so the public and dealers would have clear notice of exactly which handguns fall within the ban. Counsel advised that statutory requirements would still apply even if an item were omitted from a list, but acknowledged that courts ultimately resolve conflicts and that agency regulations interpreting the statute would likely receive deference in many circumstances.

Some members raised technical questions about the statutory definition at issue (the bill’s definition of a "cruciform trigger bar") and whether manufacturers could evade the statutory term by adopting alternate labels. Counsel responded the bill treats the element functionally: if a component meets the listed elements it falls within the definition regardless of a manufacturer’s label.

Having debated the policy tradeoffs between clarity for compliance and the risk of list‑based gaps, the committee voted to maintain the Senate posture and not concur with the House amendment. The committee recorded the motion and moved on to the consent calendar.

The committee did not adopt further substantive changes to SB 334 at the April 8 session; the posture decision signals the Senate’s intent to require the State Police to publish the prohibited‑weapons list if the bill advances.