Maryland SB 506: Firearms - Handgun Permit - Preliminary Approval

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0506*

SENATE BILL 506
E4 0lr2926
SB 114/19 – JPR
By: Senators Hough, Bailey, Carozza, Cassilly, Eckardt, Edwards, Gallion,
Hershey, Jennings, Ready, Salling, Serafini, and West
Introduced and read first time: January 29, 2020
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 25, 2020

CHAPTER ______

AN ACT concerning 1

Firearms – 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 requirement; requiring the 4
Secretary of State Police to investigate an application for a handgun permit to 5
determine if certain requirements have been satisfied; requiring the Secretary to 6
issue preliminary approval for a handgun permit if the applicant meets certain 7
requirements except for a certain firearms training requirement; requiring an 8
applicant to satisfy a certain firearms training requirement within a certain period 9
of time after receiving notice of preliminary approval of a handgun permit; requiring 10
the Secretary to revoke preliminary approval and deny a handgun permit if an 11
applicant does not fulfill a certain firearms training requirement within a certain 12
period of time; providing for the construction of this Act; and generally relating to 13
handgun permits. 14

BY repealing and reenacting, without amendments, 15
Article – Public Safety 16
Section 5–301(a) and (d) 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2019 Supplement) 19

BY repealing and reenacting, with amendments, 20
Article – Public Safety 21
Section 5–306 22

2 SENATE BILL 506

Annotated Code of Maryland 1
(2018 Replacement Volume and 2019 Supplement) 2

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4

Article – Public Safety 5

5–301. 6

(a) In this subtitle the following words have the meanings indicated. 7

(d) “Permit” means a permit issued by the Secretary to carry, wear, or transport 8
a handgun. 9

5–306. 10

(a) Subject to [subsection (c)] SUBSECTIONS (B) AND (D) of this section, the 11
Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: 12

(1) is an adult; 13

(2) (i) has not been convicted of a felony or of a misdemeanor for which 14
a sentence of imprisonment for more than 1 year has been imposed; or 15

(ii) if convicted of a crime described in item (i) of this item, has been 16
pardoned or has been granted relief under 18 U.S.C. § 925(c); 17

(3) has not been convicted of a crime involving the possession, use, or 18
distribution of a controlled dangerous substance; 19

(4) is not presently an alcoholic, addict, or habitual user of a controlled 20
dangerous substance unless the habitual use of the controlled dangerous substance is under 21
legitimate medical direction; 22

(5) except as provided in subsection [(b)] (C) of this section, has 23
successfully completed [prior to application and each renewal,] a firearms training course 24
approved by the Secretary that includes: 25

(i) 1. for an initial application, a minimum of 16 hours of 26
instruction by a qualified handgun instructor; or 27

2. for a renewal application, 8 hours of instruction by a 28
qualified handgun instructor; 29

(ii) classroom instruction on: 30

SENATE BILL 506 3

1. State firearm law; 1

2. home firearm safety; and 2

3. handgun mechanisms and operation; and 3

(iii) a firearms qualification component that demonstrates the 4
applicant’s proficiency and use of the firearm; and 5

(6) based on an investigation: 6

(i) has not exhibited a propensity for violence or instability that may 7
reasonably render the person’s possession of a handgun a danger to the person or to 8
another; and 9

(ii) has good and substantial reason to wear, carry, or transport a 10
handgun, such as a finding that the permit is necessary as a reasonable precaution against 11
apprehended danger. 12

(b) (1) A PERSON MAY APPLY FOR PRELIMINARY APPROVAL OF A PERMIT 13
WITHOUT COMPLETING A CERTIFIED FIREARMS TRAINING COURSE UNDER 14
SUBSECTION (A) OF THIS SECTION. 15

(2) ON APPLICATION FOR PRELIMINARY APPROVAL OF A PERMIT, 16
THE SECRETARY SHALL CONDUCT AN INVESTIGATION TO DETERMINE IF THE 17
APPLICANT MEETS THE REQUIREMENTS UNDER SUBSECTION (A) OF THIS SECTION 18
EXCEPT THE REQUIRED CERTIFIED FIREARMS TRAINING COURSE. 19

(3) THE SECRETARY SHALL ISSUE PRELIMINARY APPROVAL OF A 20
PERMIT IF, AFTER THE INVESTIGATION, THE SECRETARY FINDS THAT, EXCEPT FOR 21
THE CERTIFIED FIREARMS TRAINING COURSE, THE APPLICANT MEETS THE 22
REQUIREMENTS UNDER SUBSECTION (A) OF THIS SECTION. 23

(4) (I) WITHIN 120 DAYS AFTER RECEI