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Statutes Text

Article - Public Safety




§5–306.

    (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.



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