§ 5-306
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/md/public-safety/5-306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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:
(i)is at least 21 years old; or
(ii)is a person who is a member of the uniformed services or the National Guard;
(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:
(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 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.
(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.