ROBERT L. EHRLICH, JR., Governor                                Ch. 5

(1)     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

(2)      A RETIRED LAW ENFORCEMENT OFFICER OF THE STATE OR A
COUNTY OR MUNICIPAL CORPORATION OF THE STATE.

(E) SAME — METHOD OF PAYMENT.

THE APPLICANT MAY PAY A FEE UNDER THIS SECTION BY A PERSONAL CHECK,
BUSINESS CHECK, CERTIFIED CHECK, OR MONEY ORDER

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36E(b), the second sentence of (e), and the
reference to an application under oath in the introductory language of (a).

In subsection (c) of this section, the reference to a "fee under subsection (b)
of this section" is substituted for the former reference to the "cost of the
permit" for consistency with subsection (b) of this section.

In subsection (d)(1) of this section, the reference to a government employee
who is required to "carry, wear, or transport" a handgun is substituted for
the former reference to an employee required to "wear or carry" a handgun
to conform to the terminology used in § 5-308 of this subtitle.

The Public Safety Article Review Committee notes, for the consideration of
the General Assembly, that in subsection (c) of this section, which
authorizes the Secretary to reduce the fee "accordingly" if the permit is
granted "for one day only and at one place only", the word "accordingly"
may be ambiguous. There is a lack of a clear statutory standard for
determining whether to reduce the fee and the amount of any reduction.
Ambiguity in the standard for the exercise of administrative discretion
may constitute an invalid delegation of legislative authority.

Defined terms: "County" § 1-101
"Handgun" § 5-301
"Permit" § 5-301
"Secretary" § 5-301

5-305. CRIMINAL HISTORY RECORDS CHECK.

(A)     "CENTRAL REPOSITORY' DEFINED.

IN THIS SECTION, "CENTRAL REPOSITORY" MEANS THE CRIMINAL JUSTICE
INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES.

(B)     APPLICATION REQUIRED.

THE SECRETARY SHALL APPLY TO THE CENTRAL REPOSITORY FOR A STATE
AND NATIONAL CRIMINAL HISTORY RECORDS CHECK FOR EACH APPLICANT FOR A
PERMIT.

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