ROBERT L. EHRLICH, JR., Governor

Ch. 5

5-306. QUALIFICATIONS FOR PERMIT.

(A)     IN GENERAL.

SUBJECT TO SUBSECTION (B) 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;
AND

(5)      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)     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.

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