Md. Code, Pub. Safety § 5-306

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:
1. self-defense;
2. defense of others;
3. defense of property;
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; or
C. 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; and
12. 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.

Md. Code, PS § 5-306

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.