EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0871*
HOUSE BILL 871
E4 2lr0958
SB 309/21 – JPR CF SB 338
By: Delegates Saab, Adams, Beitzel, Boteler, Buckel, Chisholm, Hornberger,
Kittleman, Krebs, Mangione, Morgan, Parrott, Reilly, Rose, Shoemaker,
Szeliga, and Thiam
Introduced and read first time: February 7, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Handgun Permit – Preliminary Approval 2
FOR the purpose of authorizing a person to apply for preliminary approval of a handgun 3
permit without completing a certain firearms training course; requiring the 4
Secretary of State Police to investigate an application for preliminary approval of a 5
handgun permit, issue preliminary approval if the applicant meets certain 6
requirements, and revoke preliminary approval and deny a handgun permit if an 7
applicant does not complete a certain firearms training course within a certain 8
period of time; and generally relating to handgun permits. 9
BY repealing and reenacting, without amendments, 10
Article – Public Safety 11
Section 5–301(a) and (c) 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Public Safety 16
Section 5–306 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Public Safety 22
5–301. 23
2 HOUSE BILL 871
(a) In this subtitle the following words have the meanings indicated. 1
(c) “Permit” means a permit issued by the Secretary to carry, wear, or transport 2
a handgun. 3
5–306. 4
(a) Subject to [subsection (c)] SUBSECTIONS (B) AND (D) of this section, the 5
Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: 6
(1) is an adult; 7
(2) (i) has not been convicted of a felony or of a misdemeanor for which 8
a sentence of imprisonment for more than 1 year has been imposed; or 9
(ii) if convicted of a crime described in item (i) of this item, has been 10
pardoned or has been granted relief under 18 U.S.C. § 925(c); 11
(3) has not been convicted of a crime involving the possession, use, or 12
distribution of a controlled dangerous substance; 13
(4) is not presently an alcoholic, addict, or habitual user of a controlled 14
dangerous substance unless the habitual use of the controlled dangerous substance is under 15
legitimate medical direction; 16
(5) except as provided in subsection [(b)] (C) of this section, has 17
successfully completed [prior to application and each renewal,] a firearms training course 18
approved by the Secretary that includes: 19
(i) 1. for an initial application, a minimum of 16 hours of 20
instruction by a qualified handgun instructor; or 21
2. for a renewal application, 8 hours of instruction by a 22
qualified handgun instructor; 23
(ii) classroom instruction on: 24
1. State firearm law; 25
2. home firearm safety; and 26
3. handgun mechanisms and operation; and 27
(iii) a firearms qualification component that demonstrates the 28
applicant’s proficiency and use of the firearm; and 29
(6) based on an investigation: 30 HOUSE BILL 871 3
(i) has not exhibited a propensity for violence or instability that may 1
reasonably render the person’s possession of a handgun a danger to the person or to 2
another; and 3
(ii) has good and substantial reason to wear, carry, or transport a 4
handgun, such as a finding that the permit is necessary as a reasonable precaution against 5
apprehended danger. 6
(b) (1) A PERSON MAY APPLY FOR PRELIMINARY APPROVAL OF A PERMIT 7
WITHOUT COMPLETING A CERTIFIED FIREARMS T RAINING COURSE UNDER 8
SUBSECTION (A) OF THIS SECTION. 9
(2) ON APPLICATION FOR PR ELIMINARY APPROVAL O F A PERMIT, 10
THE SECRETARY SHALL CONDU CT AN INVESTIGATION TO DETERMINE WHETHER 11
THE APPLICANT MEETS THE REQUIREMENTS UNDER S UBSECTION (A) OF THIS 12
SECTION EXCEPT THE R EQUIRED CERTIFIED FI REARMS TRAINING COUR SE. 13
(3) THE SECRETARY SHALL ISSUE PRELIMINARY APPROVAL OF A 14
PERMIT IF, AFTER THE INVESTIGAT ION, THE SECRETARY FINDS THAT , EXCEPT FOR 15
THE CERTIFIED FIRE ARMS TRAINING COURSE , THE APPLICANT MEETS THE 16
REQUIREMENTS UNDER S UBSECTION (A) OF THIS SECTION. 17
(4) (I) WITHIN 120 DAYS AFTER RECEIPT O F PRELIMINARY 18
APPROVAL OF A PERMIT , THE APPLICANT MUST P ROVIDE THE SECRETARY WITH 19
PROOF OF COMPLETION OF A CERTIFIED FIREARMS TRAINING CO URSE UNDER 20
SUBSECTION (A) OF THIS SECTION. 21
(II) IF THE SECRETARY DOES NOT RE CEIVE PROOF OF 22
COMPLETION OF A CERT IFIED FIREARMS TRAIN ING COURSE, THE SECRETARY 23
SHALL REVOKE THE PRE LIMINARY APPROVAL AN D DENY THE APPLICATI ON. 24
(5) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO 25
AUTHORIZE THE ISSUAN CE OF A PERMIT WITHO UT COMPLETION OF A C ERTIFIED 26
FIREARMS TRAINING CO URSE UNDER SUBSECTIO N (A) OF THIS SECTION. 27
(C) An applicant for a permit is not required to complete a certified firearms 28
training course under subsection (a) of this section if the applicant: 29
(1) is a law enforcement officer or a person who is retired in good standing 30
from service with a law enforcement agency of the United States, the State, or any local 31
law enforcement agency in the State; 32
(2) is a member, retired member, or honorably discharged member of the 33
armed forces of the United States or the National Guard; 34 4 HOUSE BILL 871
(3) is a qualified handgun instructor; or 1
(4) has completed a firearms training course approved by the Secretary. 2
[(c)] (D) An applicant under the age of 30 years is qualified only if the Secretary 3
finds that the applicant has not been: 4
(1) committed to a detention, training, or correctional institution for 5
juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or 6
(2) adjudicated delinquent by a juvenile court for: 7
(i) an act that would be a crime of violence if committed by an adult; 8
(ii) an act that would be a felony in this State if committed by an 9
adult; or 10
(iii) an act that would be a misdemeanor in this State that carries a 11
statutory penalty of more than 2 years if committed by an adult. 12
[(d)] (E) The Secretary may issue a handgun qualification license, without an 13
additional application or fee, to a person who: 14
(1) meets the requirements for issuance of a permit under this section; and 15
(2) does not have a handgun qualification license issued under § 5–117.1 of 16
this title. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shal l take effect 18
October 1, 2022. 19