Chapter 07. Protective Body Armor

In this chapter, the following terms have the meanings indicated.

Terms Defined.

Applications may be obtained from the Maryland State Police Licensing Division or any Department of State Police barrack.

Completed applications shall be filed with the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794.

Application Requirements.

Verification of the information supplied by an applicant in the application;

Occupation or profession of the applicant;

Criminal record of the applicant;

The interests of justice;

Medical history of the applicant as it may pertain to the applicant's fitness to use, purchase, or possess protective body armor;

Psychiatric or psychological background of the applicant as it may pertain to the applicant's fitness to use, purchase, or possess protective body armor;

Validity of reasons given by the applicant;

The totality of the circumstances;

Applicant's excessive or habitual use of intoxicating beverages and drugs;

Information received from personal references and other people interviewed;

Information received from business or employment references as may be necessary in the discretion of the investigator;

Whether the applicant has any alternative available to him for protection other than wearing protective body armor; and

The applicant's propensity for violence or instability which could reasonably render his owning, purchasing, or possessing protective body armor a danger to himself or to others.

An application for renewal of a permit to use, possess, or purchase protective body armor shall contain the same information and type of photographs, or digital disc, as for an original application.

A permit issued under this chapter expires in the 5th year after the date of its issuance, on the last day of the applicant's month of birth.

A permit shall be renewed for successive periods of 5 years if the applicant:

If a permit to use, possess, or purchase protective body armor is lost or stolen, notification of the loss or theft shall be made in writing to the Secretary at the Maryland State Police Licensing Division, 7751 Washington Boulevard, Jessup, Maryland 20794, within 10 days upon discovery of the loss or theft. An affidavit, under oath before a notary public, stating that the permit has been lost or stolen, shall accompany the notification.

An applicant may file a request to modify a permit to use, possess, or purchase protective body armor. The request shall be made in writing to the Secretary and shall be accompanied by a photograph or digital photographic image meeting the requirements of Regulation .03C(2) of this chapter.

If there is a change of address of an individual to whom a permit to use, purchase, or possess protective body armor has been issued, the individual shall notify the Secretary in writing, within 10 days of the change.

If an individual to whom a permit to use, purchase, or possess protective body armor has been issued changes employment, and the permit has been issued in conjunction with the individual's employment, the Secretary shall be notified by the individual in writing within 10 days of any changes in employment status.

No longer satisfies the qualifications set forth in Regulation .05 of this chapter;

Made false statements or false representation in a renewal application;

Altered or forged a permit to use, purchase, or possess protective body armor;

Sold, rented, or otherwise transferred a protective body armor permit to another person;

Violated any of the permit restrictions imposed by the Secretary as provided by Criminal Law Article, §4-107, Annotated Code of Maryland; or

Failed to notify the Secretary, within 10 days, of any change in address, or if the applicant's permit was issued in conjunction with employment purposes, a change in employment status.

Any person whose application for a permit or renewal of a permit has been rejected or whose permit has been revoked or limited may request the Secretary to conduct an informal review by filing a written request within 10 days after receipt of written notice of the Secretary's initial action.

The informal review may include a personal interview with the applicant.

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

Any person aggrieved by a decision of the Secretary may seek review under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.