§ 5-306. Qualifications for permit  


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  •    (a) In general. -- Subject to subsection (c) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:

       (1) is an adult;

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

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

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

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

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

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

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

          (ii) classroom instruction on:

             1. State firearm law;

             2. home firearm safety; and

             3. handgun mechanisms and operation; and

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

       (6) based on an investigation:

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

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

    (b) Exemptions from training course. -- An applicant for a permit is not required to complete a certified firearms training course under subsection (a) of this section if the applicant:

       (1) is a law enforcement officer or a person who is retired in good standing from service with a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;

       (2) is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;

       (3) is a qualified handgun instructor; or

       (4) has completed a firearms training course approved by the Secretary.

    (c) Applicant under age of 30 years. -- An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been:

       (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or

       (2) adjudicated delinquent by a juvenile court for:

          (i) an act that would be a crime of violence if committed by an adult;

          (ii) an act that would be a felony in this State if committed by an adult; or

          (iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.

    (d) Issuance of handgun qualification license without additional application or fee. -- The Secretary may issue a handgun qualification license, without an additional application or fee, to a person who:

       (1) meets the requirements for issuance of a permit under this section; and

       (2) does not have a handgun qualification license issued under § 5-117.1 of this title.


HISTORY: An. Code 1957, art. 27, § 36E(a); 2003, ch. 5, § 2; 2013, ch. 427.