In this subtitle the following words have the meanings indicated. “Handgun” has the meaning stated in § 4–201 of the Criminal Law Article. “Permit” means a permit issued by the Secretary to carry, wear, or transport a handgun. “Qualified handgun instructor” has the meaning stated in § 5–101 of this title. “Secretary” means the Secretary of State Police or the Secretary’s designee.

A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun.

An application for a permit shall be made under oath. 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: $125 for an initial application; $75 for a renewal or subsequent application; and $20 for a duplicate or modified permit. The fees under this subsection are in addition to the fees authorized under § 5–305 of this subtitle. The Secretary may reduce the fee under subsection (b) of this section accordingly for a permit that is granted for one day only and at one place only. The Secretary may not charge a fee under subsection (b) of this section to: 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. The applicant shall pay a fee under this section by an electronic check, a credit card, or a method of online payment approved by the Secretary.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. Except as provided in subsection (g) of this section, the Secretary shall apply to the Central Repository for a State and national criminal history records check for each applicant for a permit. As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository: 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. In accordance with §§ 10–201 through 10–234 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history record information. Information obtained from the Central Repository under this section: is confidential and may not be disseminated; and shall be used only for the licensing purpose authorized by this section. The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article. For an employee of an armored car company who is an applicant for a permit, the Secretary may accept a criminal background investigation performed on behalf of the armored car company in place of the criminal history records check required by this section if: 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.

Subject to subsections (c) and (d) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds: is at least 21 years old; or is a person who is a member of the uniformed services or the National Guard; 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 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); has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance; is not on supervised probation for: conviction of a crime punishable by imprisonment for 1 year or more; a violation of § 21–902(b) or (c) of the Transportation Article; or violating a protective order under § 4–509 of the Family Law Article; 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: a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; a current extreme risk protective order has been entered under § 5–601 of this title; or any other type of current court order has been entered prohibiting the person from purchasing or possessing firearms; 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: 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 is not otherwise prohibited by State or federal law from purchasing or possessing a handgun. The firearms training course required under subsection (a) of this section shall include: for an initial application, a minimum of 16 hours of in–person instruction by a qualified handgun instructor; or for a renewal application, 8 hours of in–person instruction by a qualified handgun instructor; classroom instruction on: State and federal firearm laws, including laws relating to: self–defense; defense of others; defense of property; the safe storage of firearms; the circumstances under which an individual becomes prohibited from possessing a firearm under State and federal law, including becoming a respondent against whom: a current non ex parte civil protective order has been entered under § 4–506 of the Family Law Article; an order for protection, as defined in § 4–508.1 of the Family Law Article, has been issued by a court of another state or a Native American tribe and is in effect; or a current extreme risk protective order has been entered under Subtitle 6 of this title; the requirements and options for surrendering, transferring, or otherwise disposing of a firearm after becoming prohibited from possessing a firearm under State or federal law; the requirements for reporting a loss or theft of a firearm to a law enforcement agency as required by § 5–146 of this title; the firearms and firearm accessories which are banned under State and federal law; the types of firearms that require a special permit or registration to acquire or possess under State or federal law; the law prohibiting straw purchases; the law concerning armed trespass under § 6–411 of the Criminal Law Article; and the locations where a person is prohibited from possessing a firearm regardless of whether the person possesses a permit issued under this subtitle; home firearm safety; handgun mechanisms and operations; conflict de–escalation and resolution; anger management; and suicide prevention; and a firearm qualification component that includes live–fire shooting exercise on a firing range and requires the applicant to demonstrate: safe handling of a handgun; and shooting proficiency with a handgun. The Secretary, in consultation with the Office of the Attorney General and the Department of Health, shall develop, publish, update, and distribute to all State–certified firearms instructors a curriculum of instruction for the topics required for classroom instruction in subsection (a–1) of this section. An applicant for a permit is not required to complete a certified firearms training course under subsection (a) of this section if the applicant: 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. An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been: 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: an act that would be a crime of violence if committed by an adult; an act that would be a felony in this State if committed by an adult; or 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. The Secretary may not issue a permit to a person if the person: has been convicted on or after October 1, 2023, of a second or subsequent violation of § 4–104 of the Criminal Law Article; or has been convicted on or after October 1, 2023, of a violation of § 4–104 of the Criminal Law Article if the violation resulted in the use of a loaded firearm by a minor causing death or serious bodily injury to the minor or another 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. The Secretary may issue a handgun qualification license, without an additional application or fee, to a person who: 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.

A permit is valid for each handgun legally in the possession of the person to whom the permit is issued. 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: under or within an article of the person’s clothing; or within an enclosed case. The requirement in paragraph (1) of this subsection to keep a handgun concealed is not violated by: the momentary and inadvertent exposure of a handgun; or the momentary and inadvertent exposure of the imprint or outline of a handgun. A person is not subject to the requirement in subsection (b) of this section to keep a handgun concealed if the person is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment, and is: 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 person to whom a permit is issued or renewed shall carry the permit in the person’s possession whenever the person carries, wears, or transports a handgun.

Except as provided in subsections (d) and (e) of this section, a permit expires on the last day of the holder’s birth month following 2 years after the date the permit is issued. Except as provided in subsection (e) of this section and subject to subsection (c) of this section, a permit may be renewed for successive periods of 3 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit and pays the renewal fee stated in this subtitle. A person who applies for a renewal of a permit is not required to be fingerprinted unless the Secretary requires a set of the person’s fingerprints to resolve a question of the person’s identity. The Secretary may establish an alternative expiration date for a permit to coincide with the expiration of a license, certification, or commission for: 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. A permit issued to a retired law enforcement officer who retired in good standing from service with a law enforcement agency of the State or a county or municipal corporation of the State: 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.

The Secretary shall: 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. The Secretary may revoke a permit on a finding that the holder violated § 5–308 of this subtitle. If the Secretary revokes a permit under this section from a person the Secretary determines is prohibited from possessing a regulated firearm under § 5–133 of this title, the Secretary shall take reasonable steps to ensure the surrender of any regulated firearms in the person’s possession. A holder of a permit that is revoked by the Secretary shall return the permit to the Secretary within 10 days after receipt of written notice of the revocation.

If the Secretary denies a permit or renewal of a permit or revokes or limits a permit, the Secretary shall provide written notice of that initial action to the applicant, including a detailed explanation of the reason or reasons for the initial action. A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of the written notice of the Secretary’s initial action under subsection (a) of this section. An informal review: 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 need not file a request for an informal review under this section before requesting review under § 5–312 of this subtitle.

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: the number of appeals of decisions by the Secretary that have been filed with the Office of Administrative Hearings within the previous year; the number of decisions by the Secretary that have been sustained, modified, or reversed by the Office of Administrative Hearings within the previous year; the number of appeals that are pending; and the number of appeals that have been withdrawn within the previous year. 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: the total number of permit applications that were submitted to the Secretary within the previous year; the total number of permit applications that were granted by the Secretary within the previous year; the total number of permit applications that were denied by the Secretary within the previous year; the total number of permit applications that were revoked within the previous year; and the total number of permit applications filed with the Secretary that are pending at the time of the issuance of the report.

A person may not fail to return a revoked permit. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of not less than $100 or exceeding $1,000 or both.

A person who holds a permit may not wear, carry, or transport a handgun while the person is under the influence of alcohol or drugs. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.