EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0060*
SENATE BILL 60
E4 3lr0617
SB 338/22 – JPR (PRE–FILED) CF 3lr1376
By: Senator West
Requested: October 26, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Public Safety – 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
(2022 Replacement Volume) 14
BY repealing and reenacting, with amendments, 15
Article – Public Safety 16
Section 5–306 17
Annotated Code of Maryland 18
(2022 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Public Safety 22
5–301. 23
(a) In this subtitle the following words have the meanings indicated. 24 2 SENATE BILL 60
(c) “Permit” means a permit issued by the Secretary to carry, wear, or transport 1
a handgun. 2
5–306. 3
(a) Subject to [subsection (c)] SUBSECTIONS (B) AND (D) of this section, the 4
Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: 5
(1) is an adult; 6
(2) (i) has not been convicted of a felony or of a misdemeanor for which 7
a sentence of imprisonment for more than 1 year has been imposed; or 8
(ii) if convicted of a crime described in item (i) of this item, has been 9
pardoned or has been granted relief under 18 U.S.C. § 925(c); 10
(3) has not been convicted of a crime involving the possession, use, or 11
distribution of a controlled dangerous substance; 12
(4) is not presently an alcoholic, addict, or habitual user of a controlled 13
dangerous substance unless the habitual use of the controlled dangerous substance is under 14
legitimate medical direction; 15
(5) except as provided in subsection [(b)] (C) of this section, has 16
successfully completed [prior to application and each renewal,] a firearms training course 17
approved by the Secretary that includes: 18
(i) 1. for an initial application, a minimum of 16 hours of 19
instruction by a qualified handgun instructor; or 20
2. for a renewal application, 8 hours of instruction by a 21
qualified handgun instructor; 22
(ii) classroom instruction on: 23
1. State firearm law; 24
2. home firearm safety; and 25
3. handgun mechanisms and operation; and 26
(iii) a firearms qualification component that demonstrates the 27
applicant’s proficiency and use of the firearm; and 28
(6) based on an investigation: 29
SENATE BILL 60 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 PRELIM INARY APPROVAL OF A PERMIT, 10
THE SECRETARY SHALL CONDU CT AN INVESTIGATION TO DETERMINE WHETHER 11
THE APPLICANT MEETS THE REQUIREMENTS UND ER SUBSECTION (A) OF THIS 12
SECTION, EXCEPT FOR THE REQUIRED CERTIFI ED FIREARMS TRAINING COURSE. 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 FIREAR MS 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 FIREA RMS TRAINING COURSE UNDER 20
SUBSECTION (A) OF THIS SECTION. 21
(II) IF THE SECRETARY DOES NOT RE CEIVE PROOF O F 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 COU RSE UNDER SUBSECTION (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 SENATE BILL 60
(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 shall take effect 18
October 1, 2023. 19