Ch. 5
2003 LAWS OF MARYLAND
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36E(a)(1) through (6) and the first and third
clauses of the introductory language of (a).
In subsection (a)(1) of this section, the reference to an "adult" is
substituted for the former reference to a person "eighteen years of age or
older" for brevity in light of the definition of the term "adult" in Art. 1, § 24.
In the introductory language of subsection (a)(5) of this section, the former
reference to the "results" of an investigation is deleted as implicit in the
reference to an "investigation".
In subsection (a)(5)(i) of this section, the former reference to a
"law-abiding" person is deleted as unnecessarily narrowing the field of
persons to whom an applicant for a permit may not exhibit a propensity or
instability that may reasonably render handgun possession a danger.
In subsection (b)(2)(ii) and (iii) of this section, the reference to an
adjudication for an "act" that would be a crime "if committed by an adult"
is substituted for the former references to a "violation" classified as a
felony or a misdemeanor that carries a statutory penalty of 2 years, for
consistency with CJ §§ 3-801 and 3-804. Similarly, in subsection (b)(2)(i) of
this section, the reference to an "act" that would be a crime of violence "if
committed by an adult" is added.
The Public Safety Article Review Committee notes, for the consideration of
the General Assembly, that the qualifications for being issued a permit are
similar but not identical to the qualifications for being issued a regulated
firearms dealer's license (see § 5-107 of this title) and for obtaining
approval to purchase, rent, or transfer a regulated firearm (see § 5-118 of
this title). For example, under subsection (a)(4) of this section, an applicant
for a permit may not be an "alcoholic", but an applicant for a regulated
firearms dealer's license or for permission to purchase, rent, or transfer a
regulated firearm may not be a "habitual drunkard".
Defined terms: "Handgun" § 5-301
"Permit" § 5-301
"Person" § 1-101
"Secretary" § 5-301
5-307. SCOPE OF PERMIT.
(A) IN GENERAL.
A PERMIT IS VALID FOR EACH HANDGUN LEGALLY IN THE POSSESSION OF THE
PERSON TO WHOM THE PERMIT IS ISSUED.
(B) LIMITATIONS.
THE SECRETARY MAY LIMIT THE GEOGRAPHIC AREA, CIRCUMSTANCES, OR
TIMES OF THE DAY, WEEK, MONTH, OR YEAR IN WHICH A PERMIT IS EFFECTIVE.
- 270 -
|