A. Qualifications. In accordance with Public Safety Article, §5-306, Annotated Code of Maryland, a person is eligible for issuance of a handgun permit only if the person:
- (1) Is an adult;
- (2) Is not prohibited from possessing a handgun under COMAR 29.03.01.03 or otherwise prohibited from purchasing or possessing a handgun under federal or State law;
- (3) Has not been convicted of a felony or misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed, unless the person has been pardoned or the United States Attorney General has granted relief;
- (4) Has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;
- (5) Is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance, unless the habitual use of a controlled dangerous substance is under legitimate medical direction;
- (6) Has not exhibited propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or another;
- (7) Has a good and substantial reason to wear, carry, or transport a handgun; and
- (8) If younger than 30 years old, 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.
B. Investigation Criteria. The following areas will be a part of the investigation of every applicant and will be considered by the Secretary in determining whether a permit will be issued:
- (1) Age of the applicant;
- (2) Occupation, profession, or employment of the applicant;
- (3) Verification of the applicant’s qualifications;
- (4) Verification of the information supplied by the applicant in the application;
- (5) Information received from personal references and other persons interviewed;
- (6) Information received from business or employment references as may be necessary in the discretion of the investigator;
- (7) Criminal record of applicant, including any juvenile record for an applicant younger than 30 years old;
- (8) Medical history of applicant as it may pertain to the applicant’s fitness to carry, wear, or transport a handgun;
- (9) Psychiatric or psychological background of the applicant as it may pertain to the applicant’s fitness to carry, wear, or transport a handgun;
- (10) The applicant’s propensity for violence or instability which could reasonably render the applicant’s wearing, carrying, or transporting of a handgun a danger to the applicant or to others;
- (11) The applicant’s use of intoxicating beverages and drugs;
- (12) The reasons given by the applicant for carrying, wearing, or transporting a handgun, and whether those reasons are good and substantial; and
- (13) Whether the permit is necessary as a reasonable precaution for the applicant against apprehended danger.
Authority: Public Safety Article, Title 5, Subtitle 3; Criminal Law Article, §4-202; Annotated Code of Maryland
Effective date: May 26, 1976 (3:11 Md. R. 592)
Regulation .02B amended effective January 2, 1984 (10:25 Md. R. 2270)
Regulation .07 amended effective November 17, 1978 (5:23 Md. R. 1741); January 2, 1984 (10:25 Md. R. 2270)
Regulation .08 amended effective January 2, 1984 (10:25 Md. R. 2270)
Regulation .11 repealed and new Regulation .11 adopted effective October 29, 1990 (17:21 Md. R. 2530)
Regulation .12 amended effective October 29, 1990 (17:21 Md. R. 2530)
Regulation .13 repealed and new Regulation .13 adopted effective October 29, 1990 (17:21 Md. R. 2530)
Regulation .14 amended effective January 2, 1984 (10:25 Md. R. 2270); October 29, 1990 (17:21 Md. R. 2530)
Chapter recodified from COMAR 12.06.07 to 29.03.02, July 1994
Regulations .01, .02, .06—.09, .11, .13, and .14 amended effective July 17, 1995 (22:14 Md. R. 1053)
Regulation .02 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
Regulation .02B amended effective September 30, 2002 (29:19 Md. R. 1527)
Regulation .04D amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
Regulation .08A amended effective September 30, 2002 (29:19 Md. R. 1527)
Regulation .10G amended effective September 30, 2002 (29:19 Md. R. 1527)
Regulation .14 amended as an emergency provision effective October 1, 2000 (27:20 Md. R. 1836); amended permanently effective March 19, 2001 (28:5 Md. R. 552)
Regulations .01—.14 repealed and new Regulations .01—.14 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1772); adopted permanently effective December 23, 2013 (40:25 Md. R. 2072)