Maryland 2022 Regular Session

Maryland House Bill HB871 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0871
6	6
7	7	HOUSE BILL 871
8	8	E4 2lr0958
9	9	SB 309/21 – JPR CF SB 338
10	10	By: Delegates Saab, Adams, Beitzel, Boteler, Buckel, Chisholm, Hornberger,
11	11	Kittleman, Krebs, Mangione, Morgan, Parrott, Reilly, Rose, Shoemaker,
12	12	Szeliga, and Thiam
13	13	Introduced and read first time: February 7, 2022
14	14	Assigned to: Judiciary
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Handgun Permit – Preliminary Approval 2
21	21
22	22	FOR the purpose of authorizing a person to apply for preliminary approval of a handgun 3
23	23	permit without completing a certain firearms training course; requiring the 4
24	24	Secretary of State Police to investigate an application for preliminary approval of a 5
25	25	handgun permit, issue preliminary approval if the applicant meets certain 6
26	26	requirements, and revoke preliminary approval and deny a handgun permit if an 7
27	27	applicant does not complete a certain firearms training course within a certain 8
28	28	period of time; and generally relating to handgun permits. 9
29	29
30	30	BY repealing and reenacting, without amendments, 10
31	31	Article – Public Safety 11
32	32	Section 5–301(a) and (c) 12
33	33	Annotated Code of Maryland 13
34	34	(2018 Replacement Volume and 2021 Supplement) 14
35	35
36	36	BY repealing and reenacting, with amendments, 15
37	37	Article – Public Safety 16
38	38	Section 5–306 17
39	39	Annotated Code of Maryland 18
40	40	(2018 Replacement Volume and 2021 Supplement) 19
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
43	43	That the Laws of Maryland read as follows: 21
44	44
45	45	Article – Public Safety 22
46	46
47	47	5–301. 23
48	48	2 HOUSE BILL 871
49	49
50	50
51	51	(a) In this subtitle the following words have the meanings indicated. 1
52	52
53	53	(c) “Permit” means a permit issued by the Secretary to carry, wear, or transport 2
54	54	a handgun. 3
55	55
56	56	5–306. 4
57	57
58	58	(a) Subject to [subsection (c)] SUBSECTIONS (B) AND (D) of this section, the 5
59	59	Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: 6
60	60
61	61	(1) is an adult; 7
62	62
63	63	(2) (i) has not been convicted of a felony or of a misdemeanor for which 8
64	64	a sentence of imprisonment for more than 1 year has been imposed; or 9
65	65
66	66	(ii) if convicted of a crime described in item (i) of this item, has been 10
67	67	pardoned or has been granted relief under 18 U.S.C. § 925(c); 11
68	68
69	69	(3) has not been convicted of a crime involving the possession, use, or 12
70	70	distribution of a controlled dangerous substance; 13
71	71
72	72	(4) is not presently an alcoholic, addict, or habitual user of a controlled 14
73	73	dangerous substance unless the habitual use of the controlled dangerous substance is under 15
74	74	legitimate medical direction; 16
75	75
76	76	(5) except as provided in subsection [(b)] (C) of this section, has 17
77	77	successfully completed [prior to application and each renewal,] a firearms training course 18
78	78	approved by the Secretary that includes: 19
79	79
80	80	(i) 1. for an initial application, a minimum of 16 hours of 20
81	81	instruction by a qualified handgun instructor; or 21
82	82
83	83	2. for a renewal application, 8 hours of instruction by a 22
84	84	qualified handgun instructor; 23
85	85
86	86	(ii) classroom instruction on: 24
87	87
88	88	1. State firearm law; 25
89	89
90	90	2. home firearm safety; and 26
91	91
92	92	3. handgun mechanisms and operation; and 27
93	93
94	94	(iii) a firearms qualification component that demonstrates the 28
95	95	applicant’s proficiency and use of the firearm; and 29
96	96
97	97	(6) based on an investigation: 30 HOUSE BILL 871 3
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99	99
100	100
101	101	(i) has not exhibited a propensity for violence or instability that may 1
102	102	reasonably render the person’s possession of a handgun a danger to the person or to 2
103	103	another; and 3
104	104
105	105	(ii) has good and substantial reason to wear, carry, or transport a 4
106	106	handgun, such as a finding that the permit is necessary as a reasonable precaution against 5
107	107	apprehended danger. 6
108	108
109	109	(b) (1) A PERSON MAY APPLY FOR PRELIMINARY APPROVAL OF A PERMIT 7
110	110	WITHOUT COMPLETING A CERTIFIED FIREARMS T RAINING COURSE UNDER 8
111	111	SUBSECTION (A) OF THIS SECTION. 9
112	112
113	113	(2) ON APPLICATION FOR PR ELIMINARY APPROVAL O F A PERMIT, 10
114	114	THE SECRETARY SHALL CONDU CT AN INVESTIGATION TO DETERMINE WHETHER 11
115	115	THE APPLICANT MEETS THE REQUIREMENTS UNDER S UBSECTION (A) OF THIS 12
116	116	SECTION EXCEPT THE R EQUIRED CERTIFIED FI REARMS TRAINING COUR SE. 13
117	117
118	118	(3) THE SECRETARY SHALL ISSUE PRELIMINARY APPROVAL OF A 14
119	119	PERMIT IF, AFTER THE INVESTIGAT ION, THE SECRETARY FINDS THAT , EXCEPT FOR 15
120	120	THE CERTIFIED FIRE ARMS TRAINING COURSE , THE APPLICANT MEETS THE 16
121	121	REQUIREMENTS UNDER S UBSECTION (A) OF THIS SECTION. 17
122	122
123	123	(4) (I) WITHIN 120 DAYS AFTER RECEIPT O F PRELIMINARY 18
124	124	APPROVAL OF A PERMIT , THE APPLICANT MUST P ROVIDE THE SECRETARY WITH 19
125	125	PROOF OF COMPLETION OF A CERTIFIED FIREARMS TRAINING CO URSE UNDER 20
126	126	SUBSECTION (A) OF THIS SECTION. 21
127	127
128	128	(II) IF THE SECRETARY DOES NOT RE CEIVE PROOF OF 22
129	129	COMPLETION OF A CERT IFIED FIREARMS TRAIN ING COURSE, THE SECRETARY 23
130	130	SHALL REVOKE THE PRE LIMINARY APPROVAL AN D DENY THE APPLICATI ON. 24
131	131
132	132	(5) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO 25
133	133	AUTHORIZE THE ISSUAN CE OF A PERMIT WITHO UT COMPLETION OF A C ERTIFIED 26
134	134	FIREARMS TRAINING CO URSE UNDER SUBSECTIO N (A) OF THIS SECTION. 27
135	135
136	136	(C) An applicant for a permit is not required to complete a certified firearms 28
137	137	training course under subsection (a) of this section if the applicant: 29
138	138
139	139	(1) is a law enforcement officer or a person who is retired in good standing 30
140	140	from service with a law enforcement agency of the United States, the State, or any local 31
141	141	law enforcement agency in the State; 32
142	142
143	143	(2) is a member, retired member, or honorably discharged member of the 33
144	144	armed forces of the United States or the National Guard; 34 4 HOUSE BILL 871
145	145
146	146
147	147
148	148	(3) is a qualified handgun instructor; or 1
149	149
150	150	(4) has completed a firearms training course approved by the Secretary. 2
151	151
152	152	[(c)] (D) An applicant under the age of 30 years is qualified only if the Secretary 3
153	153	finds that the applicant has not been: 4
154	154
155	155	(1) committed to a detention, training, or correctional institution for 5
156	156	juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or 6
157	157
158	158	(2) adjudicated delinquent by a juvenile court for: 7
159	159
160	160	(i) an act that would be a crime of violence if committed by an adult; 8
161	161
162	162	(ii) an act that would be a felony in this State if committed by an 9
163	163	adult; or 10
164	164
165	165	(iii) an act that would be a misdemeanor in this State that carries a 11
166	166	statutory penalty of more than 2 years if committed by an adult. 12
167	167
168	168	[(d)] (E) The Secretary may issue a handgun qualification license, without an 13
169	169	additional application or fee, to a person who: 14
170	170
171	171	(1) meets the requirements for issuance of a permit under this section; and 15
172	172
173	173	(2) does not have a handgun qualification license issued under § 5–117.1 of 16
174	174	this title. 17
175	175
176	176	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shal l take effect 18
177	177	October 1, 2022. 19
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