Maryland 2023 Regular Session

Maryland Senate Bill SB60 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	sb0060
6	6
7	7	SENATE BILL 60
8	8	E4 3lr0617
9	9	SB 338/22 – JPR (PRE–FILED) CF 3lr1376
10	10	By: Senator West
11	11	Requested: October 26, 2022
12	12	Introduced and read first time: January 11, 2023
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Public Safety – Handgun Permit – Preliminary Approval 2
20	20
21	21	FOR the purpose of authorizing a person to apply for preliminary approval of a handgun 3
22	22	permit without completing a certain firearms training course; requiring the 4
23	23	Secretary of State Police to investigate an application for preliminary approval of a 5
24	24	handgun permit, issue preliminary approval if the applicant meets certain 6
25	25	requirements, and revoke preliminary approval and deny a handgun permit if an 7
26	26	applicant does not complete a certain firearms training course within a certain 8
27	27	period of time; and generally relating to handgun permits. 9
28	28
29	29	BY repealing and reenacting, without amendments, 10
30	30	Article – Public Safety 11
31	31	Section 5–301(a) and (c) 12
32	32	Annotated Code of Maryland 13
33	33	(2022 Replacement Volume) 14
34	34
35	35	BY repealing and reenacting, with amendments, 15
36	36	Article – Public Safety 16
37	37	Section 5–306 17
38	38	Annotated Code of Maryland 18
39	39	(2022 Replacement Volume) 19
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 20
42	42	That the Laws of Maryland read as follows: 21
43	43
44	44	Article – Public Safety 22
45	45
46	46	5–301. 23
47	47
48	48	(a) In this subtitle the following words have the meanings indicated. 24 2 SENATE BILL 60
49	49
50	50
51	51
52	52	(c) “Permit” means a permit issued by the Secretary to carry, wear, or transport 1
53	53	a handgun. 2
54	54
55	55	5–306. 3
56	56
57	57	(a) Subject to [subsection (c)] SUBSECTIONS (B) AND (D) of this section, the 4
58	58	Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: 5
59	59
60	60	(1) is an adult; 6
61	61
62	62	(2) (i) has not been convicted of a felony or of a misdemeanor for which 7
63	63	a sentence of imprisonment for more than 1 year has been imposed; or 8
64	64
65	65	(ii) if convicted of a crime described in item (i) of this item, has been 9
66	66	pardoned or has been granted relief under 18 U.S.C. § 925(c); 10
67	67
68	68	(3) has not been convicted of a crime involving the possession, use, or 11
69	69	distribution of a controlled dangerous substance; 12
70	70
71	71	(4) is not presently an alcoholic, addict, or habitual user of a controlled 13
72	72	dangerous substance unless the habitual use of the controlled dangerous substance is under 14
73	73	legitimate medical direction; 15
74	74
75	75	(5) except as provided in subsection [(b)] (C) of this section, has 16
76	76	successfully completed [prior to application and each renewal,] a firearms training course 17
77	77	approved by the Secretary that includes: 18
78	78
79	79	(i) 1. for an initial application, a minimum of 16 hours of 19
80	80	instruction by a qualified handgun instructor; or 20
81	81
82	82	2. for a renewal application, 8 hours of instruction by a 21
83	83	qualified handgun instructor; 22
84	84
85	85	(ii) classroom instruction on: 23
86	86
87	87	1. State firearm law; 24
88	88
89	89	2. home firearm safety; and 25
90	90
91	91	3. handgun mechanisms and operation; and 26
92	92
93	93	(iii) a firearms qualification component that demonstrates the 27
94	94	applicant’s proficiency and use of the firearm; and 28
95	95
96	96	(6) based on an investigation: 29
97	97	SENATE BILL 60 3
98	98
99	99
100	100	(i) has not exhibited a propensity for violence or instability that may 1
101	101	reasonably render the person’s possession of a handgun a danger to the person or to 2
102	102	another; and 3
103	103
104	104	(ii) has good and substantial reason to wear, carry, or transport a 4
105	105	handgun, such as a finding that the permit is necessary as a reasonable precaution against 5
106	106	apprehended danger. 6
107	107
108	108	(b) (1) A PERSON MAY APPLY FOR PRELIMINARY APPROVAL OF A PERMIT 7
109	109	WITHOUT COMPLETING A CERTIFIED FIREARMS T RAINING COURSE UNDER 8
110	110	SUBSECTION (A) OF THIS SECTION. 9
111	111
112	112	(2) ON APPLICATION FOR PRELIM INARY APPROVAL OF A PERMIT, 10
113	113	THE SECRETARY SHALL CONDU CT AN INVESTIGATION TO DETERMINE WHETHER 11
114	114	THE APPLICANT MEETS THE REQUIREMENTS UND ER SUBSECTION (A) OF THIS 12
115	115	SECTION, EXCEPT FOR THE REQUIRED CERTIFI ED FIREARMS TRAINING COURSE. 13
116	116
117	117	(3) THE SECRETARY SHALL ISSUE PRELIMINARY APPROVAL OF A 14
118	118	PERMIT IF, AFTER THE INVESTIGAT ION, THE SECRETARY FINDS THAT , EXCEPT FOR 15
119	119	THE CERTIFIED FIREAR MS TRAINING COURSE , THE APPLICANT MEETS THE 16
120	120	REQUIREMENTS UNDER S UBSECTION (A) OF THIS SECTION. 17
121	121
122	122	(4) (I) WITHIN 120 DAYS AFTER RECEIPT O F PRELIMINARY 18
123	123	APPROVAL OF A PERMIT , THE APPLICANT MUST P ROVIDE THE SECRETARY WITH 19
124	124	PROOF OF COMPLETION OF A CERTIFIED FIREA RMS TRAINING COURSE UNDER 20
125	125	SUBSECTION (A) OF THIS SECTION. 21
126	126
127	127	(II) IF THE SECRETARY DOES NOT RE CEIVE PROOF O F 22
128	128	COMPLETION OF A CERT IFIED FIREARMS TRAIN ING COURSE, THE SECRETARY 23
129	129	SHALL REVOKE THE PRE LIMINARY APPROVAL AN D DENY THE APPLICATI ON. 24
130	130
131	131	(5) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO 25
132	132	AUTHORIZE THE ISSUAN CE OF A PERMIT WITHO UT COMPLETION OF A C ERTIFIED 26
133	133	FIREARMS TRAINING COU RSE UNDER SUBSECTION (A) OF THIS SECTION. 27
134	134
135	135	(C) An applicant for a permit is not required to complete a certified firearms 28
136	136	training course under subsection (a) of this section if the applicant: 29
137	137
138	138	(1) is a law enforcement officer or a person who is retired in good standing 30
139	139	from service with a law enforcement agency of the United States, the State, or any local 31
140	140	law enforcement agency in the State; 32
141	141
142	142	(2) is a member, retired member, or honorably discharged member of the 33
143	143	armed forces of the United States or the National Guard; 34
144	144	4 SENATE BILL 60
145	145
146	146
147	147	(3) is a qualified handgun instructor; or 1
148	148
149	149	(4) has completed a firearms training course approved by the Secretary. 2
150	150
151	151	[(c)] (D) An applicant under the age of 30 years is qualified only if the Secretary 3
152	152	finds that the applicant has not been: 4
153	153
154	154	(1) committed to a detention, training, or correctional institution for 5
155	155	juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or 6
156	156
157	157	(2) adjudicated delinquent by a juvenile court for: 7
158	158
159	159	(i) an act that would be a crime of violence if committed by an adult; 8
160	160
161	161	(ii) an act that would be a felony in this State if committed by an 9
162	162	adult; or 10
163	163
164	164	(iii) an act that would be a misdemeanor in this State that carries a 11
165	165	statutory penalty of more than 2 years if committed by an adult. 12
166	166
167	167	[(d)] (E) The Secretary may issue a handgun qualification license, without an 13
168	168	additional application or fee, to a person who: 14
169	169
170	170	(1) meets the requirements for issuance of a permit under this section; and 15
171	171
172	172	(2) does not have a handgun qualification license issued under § 5–117.1 of 16
173	173	this title. 17
174	174
175	175	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
176	176	October 1, 2023. 19
177	177
178	178
179	179