Title 5. Firearms — Subtitle 3. Handgun Permits

Subject to subsections (c) and (d) of this section, the Secretary may charge a nonrefundable fee payable when an application is filed for a permit.

The fee may not exceed:

The fees under this subsection are in addition to the fees authorized under § 5–305 of this subtitle.

a State, county, or municipal public safety employee who is required to carry, wear, or transport a handgun as a condition of governmental employment; or

a retired law enforcement officer of the State or a county or municipal corporation of the State.

two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

is confidential and may not be disseminated; and

shall be used only for the licensing purpose authorized by this section.

the criminal background investigation meets the minimum requirements established by the Department of State Police; and

the Secretary performs a cursory check to verify the facts listed in the criminal background investigation.

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

is not on supervised probation for:

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;

does not suffer from a mental disorder as defined in § 10–101(i)(2) of the Health – General Article and have a history of violent behavior against the person or another;

has not been involuntarily admitted for more than 30 consecutive days to a facility as defined in § 10–101 of the Health – General Article;

is not a respondent against whom:

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 meets the minimum criteria specified in subsection (a–1) of this section; and

based on an investigation:

classroom instruction on:

a firearm qualification component that includes live–fire shooting exercise on a firing range and requires the applicant to demonstrate:

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;

is a member, retired member, or honorably discharged member of the armed forces or the National Guard;

is a qualified handgun instructor; or

has completed a firearms training course approved by the Secretary.

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

adjudicated delinquent by a juvenile court for:

The Secretary may not issue a permit to a person if the person:

Subject to paragraph (1) of this subsection, the Secretary may not issue a permit to a person who has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article for 5 years following the date of the conviction.

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

does not have a handgun qualification license issued under § 5–117.1 of this title.

Subject to subsection (c) of this section, a permit issued under this subtitle shall restrict the wearing, carrying, and transporting of a handgun by the person to whom the permit is issued to wearing, carrying, or transporting a handgun concealed from view:

The requirement in paragraph (1) of this subsection to keep a handgun concealed is not violated by:

a person exempted under § 4–203(b)(1) of the Criminal Law Article;

a security guard licensed under Title 19 of the Business Occupations Article acting within the scope of employment;

a correctional officer or warden of a correctional facility in the State acting within the scope of employment;

a railroad police officer appointed under Title 3, Subtitle 4 of this article acting within the scope of employment; or

an employee of an armored car company acting within the scope of employment.

a private detective under Title 13 of the Business Occupations and Professions Article;

a security guard under Title 19 of the Business Occupations and Professions Article; or

a special police officer under § 3–306 of this article.

expires on the last day of the holder’s birth month following 5 years after the date the permit is issued; and

subject to subsection (c) of this section, may be renewed for successive periods of 5 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit.

revoke a permit on a finding that the holder does not meet the qualifications described in § 5–306 of this subtitle; and

regularly review information regarding active permit holders using the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services to determine whether all permit holders continue to meet the qualifications described in § 5–306 of this subtitle.

may include a personal interview of the person who requested the informal review; and

is not subject to Title 10, Subtitle 2 of the State Government Article.

In an informal review, the Secretary shall sustain, reverse, or modify the initial action taken and notify the person who requested the informal review of the decision in writing within 30 days after receipt of the request for informal review.

The written notice of the results of the Secretary’s informal review under paragraph (1) of this subsection shall include a detailed explanation of the reason or reasons for the Secretary’s decision to sustain, reverse, or modify the initial action.

A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary’s action.

A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.

Within 60 days after the receipt of a request under subsection (a) of this section from the applicant or the holder of the permit, the Office of Administrative Hearings shall schedule and conduct a de novo hearing on the matter, at which witness testimony and other evidence may be provided.

Within 90 days after the conclusion of the last hearing on the matter, the Office of Administrative Hearings shall issue a written finding of facts and a decision.

A party that is aggrieved by the decision of the Office of Administrative Hearings may appeal the decision to the circuit court.

Subject to subsection (b) of this section, any hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

Notwithstanding paragraph (1) of this subsection, a court may not order the issuance or renewal of a permit or alter a limitation on a permit pending a final determination of the proceeding.

On or before January 1 each year, the Office of Administrative Hearings shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the following information disaggregated by an applicant’s county of residence, race, ethnicity, age, and gender:

On or before January 1 each year, the Secretary shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the following information disaggregated by an applicant’s county of residence, race, ethnicity, age, and gender: