Current with changes from the 2024 Legislative Session
Section 5-306 - Qualifications for permit(a) Subject to subsections (c) and (d) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: (1)(i) is at least 21 years old; or(ii) is a person who is a member of the armed forces of the United States, the National Guard, or the uniformed services;(2)(i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or(ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);(3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;(4) is not on supervised probation for:(i) conviction of a crime punishable by imprisonment for 1 year or more;(ii) a violation of § 21-902(b) or (c) of the Transportation Article; or(iii) violating a protective order under § 4-509 of the Family Law Article;(5) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction;(6) does not suffer from a mental disorder as defined in § 10-101(i)(2) of the Health - General Article and have a history of violent behavior against the person or another;(7) has not been involuntarily admitted for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article;(8) is not a respondent against whom: (i) a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article;(ii) a current extreme risk protective order has been entered under § 5-601 of this title; or(iii) any other type of current court order has been entered prohibiting the person from purchasing or possessing firearms;(9) except as provided in subsection (b) of this section, has successfully completed prior to application and each renewal, a firearms training course approved by the Secretary that meets the minimum criteria specified in subsection (a-1) of this section; and(10) based on an investigation: (i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and(ii) is not otherwise prohibited by State or federal law from purchasing or possessing a handgun.(a-1) The firearms training course required under subsection (a) of this section shall include: (1)(i) for an initial application, a minimum of 16 hours of in-person instruction by a qualified handgun instructor; or(ii) for a renewal application, 8 hours of in-person instruction by a qualified handgun instructor;(2) classroom instruction on: (i) State and federal firearm laws, including laws relating to:4. the safe storage of firearms;5. the circumstances under which an individual becomes prohibited from possessing a firearm under State and federal law, including becoming a respondent against whom: A. a current non ex parte civil protective order has been entered under § 4-506 of the Family Law Article;B. an order for protection, as defined in § 4-508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; orC. a current extreme risk protective order has been entered under Subtitle 6 of this title;6. the requirements and options for surrendering, transferring, or otherwise disposing of a firearm after becoming prohibited from possessing a firearm under State or federal law;7. the requirements for reporting a loss or theft of a firearm to a law enforcement agency as required by § 5-146 of this title;8. the firearms and firearm accessories which are banned under State and federal law;9. the types of firearms that require a special permit or registration to acquire or possess under State or federal law;10. the law prohibiting straw purchases;11. the law concerning armed trespass under § 6-411 of the Criminal Law Article; and12. the locations where a person is prohibited from possessing a firearm regardless of whether the person possesses a permit issued under this subtitle;(ii) home firearm safety;(iii) handgun mechanisms and operations;(iv) conflict de-escalation and resolution;(v) anger management; and(vi) suicide prevention; and(3) a firearm qualification component that includes live-fire shooting exercise on a firing range and requires the applicant to demonstrate: (i) safe handling of a handgun; and(ii) shooting proficiency with a handgun.(a-2) The Secretary, in consultation with the Office of the Attorney General and the Department of Health, shall develop, publish, update, and distribute to all State-certified firearms instructors a curriculum of instruction for the topics required for classroom instruction in subsection (a-1) of this section.(b) An applicant for a permit is not required to complete a certified firearms training course under subsection (a) of this section if the applicant: (1) is a law enforcement officer or a person who is retired in good standing from service with a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;(2) is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;(3) is a qualified handgun instructor; or(4) has completed a firearms training course approved by the Secretary.(c) An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been: (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or(2) adjudicated delinquent by a juvenile court for:(i) an act that would be a crime of violence if committed by an adult;(ii) an act that would be a felony in this State if committed by an adult; or(iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.(d)(1) The Secretary may not issue a permit to a person if the person: (i) has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4-104 of the Criminal Law Article; or(ii) has been convicted on or after October 1, 2023, of a violation of § 4-104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another person.(2) Subject to paragraph (1) of this subsection, the Secretary may not issue a permit to a person who has been convicted on or after October 1, 2023, of a violation of § 4-104 of the Criminal Law Article for 5 years following the date of the conviction.(e) The Secretary may issue a handgun qualification license, without an additional application or fee, to a person who:(1) meets the requirements for issuance of a permit under this section; and(2) does not have a handgun qualification license issued under § 5-117.1 of this title.Amended by 2023 Md. Laws, Ch. 651, Sec. 1, eff. 10/1/2023.Amended by 2013 Md. Laws, Ch. 427, Sec. 1, eff. 10/1/2013.