A011-9900
10 AN ACT CONERNING
20 The Rights of Citizens of Maryland to Carry Concealed Handguns
30 FOR the purpose of loosening the restrictions on law abiding citizens of the State of
40 Maryland to carry concealed firearms for the purpose of self-defense.
50 BY amending
60 Article- Crimes and Punishments
70 Section 27-36E
80 Annotated Code of Maryland
90 (1995 Replacement Volume and 1997 Supplement)
100 SECTION 1: BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE
110 That the laws of Maryland read as follows:
120 Article 27- Crimes and Punishments
130 ¤ 36E
140 (a) A permit to carry a handgun shall be issued within a reasonable time by the Secretary
150 of the State Police, upon application under oath therefore, to any person whom the
160 Secretary finds:
170 (1) Is eighteen years of age or older; and
180 (2) Has not been convicted of a felony or of a misdemeanor for which a sentence
190 of imprisonment for more than one year has been imposed or, if convicted of such
200 a crime, has been pardoned or has been granted relief pursuant to Title 18, ¤
210 925(c) of the United States Code; and
220 (3) Has not been committed to any detention, training, or correctional institution
230 for juveniles for longer than one year after an adjudication of delinquency by a
240 juvenile court; provided, however, that a person shall not be disqualified by virtue
250 of this paragraph (3) if, at the time of the application, more than ten years has
260 elapsed since his release from such institution; and
270 (4) Has not been convicted of any offense involving the possession, use, or
280 distribution of controlled dangerous substances; and is not presently an addict, an
290 habitual user of any controlled dangerous substance not under legitimate medical
300 direction, or an alcoholic; and
310 (5) Has, based on the results of investigation, not exhibited a propensity for
320 violence or instability which may reasonably render his possession of a handgun a
330 danger to himself or other law-abiding persons; and
340 (6) Has, based on the results of investigation, good and substantial reason to wear,
350 carry, or transport a handgun, provided however, that the phrase "good and
360 substantial reason" as used herein shall be deemed to include a finding that such
370 permit is necessary as a reasonable precaution against apprehended danger.
380 (b) (1) Except as provided in paragraph (2) of this subsection, the Secretary may
390 charge a nonrefundable fee not to exceed $75 $50 for an initial application, $50
400 $25 for a renewal or subsequent application, and $10 for a duplicate or modified
410 permit payable at the time an application is filed. The fee may be paid with a
420 personal check, business check, certified check, or money order.
430 (2) The Secretary may not charge any of the following persons a fee for an initial
440 application, for a renewal or subsequent application, or for a duplicate or modified
450 permit for that handgun:
460 (i) A State, county, or municipal public safety employee who is required to
470 wear or carry a handgun as a condition of government employment; or
480 (ii) A retired law enforcement officer of the State or of a county or
490 municipal corporation of the State.
500 (3) Notwithstanding the above fees, the applicant shall submit to the Department
510 of State Police:
520 (i) A complete set of the applicant's legible fingerprints taken on standard
530 fingerprint cards BY A QUALIFIED INDIVIDUAL CERTIFIED BY
540 THE STATE POLICE; and
550 (ii) Payment for the cost of the fingerprint card record checks.
560 (c) A permit issued under this section shall expire on the last day of the holder's birth
570 month following two years after its issuance. The permit may be renewed, upon
580 application and payment of the renewal fee, for successive periods of three FIVE years
590 each, if the applicant, at the time of application, possesses the qualifications set
600 forth in this section for the issuance of a permit.
610 (d) The Secretary may, in any permit issued under this section, limit the geographic area,
620 circumstances, or times during the day, week, month, or year in or during which the
630 permit is effective. The Secretary may reduce the cost of the permit accordingly, if the
640 permit is granted for one day only and at one place only.
650 (e) (D) Any person to whom a permit shall be issued or renewed shall carry such permit
660 in his possession every time he carries, wears, or transports a handgun. A permit issued
670 pursuant to this section shall be valid for any handgun legally in the possession of the
680 person to whom the permit was issued.
690 (f) (E) The Secretary may revoke any permit issued or renewed at any time upon a
700 finding that (i) the holder no longer satisfies the qualifications set forth in subsection (a),
710 or (ii) the holder of the permit has violated subsection (e) (D) hereof. A person holding a
720 permit which is revoked by the Secretary shall return the permit to the Secretary within
730 tenSEVEN days after receipt of notice of the revocation. Any person who fails to return a
740 revoked permit in violation of this section shall be guilty of a misdemeanor, and, upon
750 conviction, shall be fined not less than $100 or more than $1,000, or be imprisoned for
760 not more than one year, or both.
770 (g) (F) (1) Any person whose application for a permit or renewal of a permit has been
780 rejected or whose permit has been revoked or limited may request the Secretary to
790 conduct an informal review by filing a written request within 10 days after receipt
800 of written notice of the Secretary's initial action.
810 (2) The informal review may include a personal interview of the applicant and is
820 not subject to the Administrative Procedure Act.
830 (3) Pursuant to the informal review, the Secretary shall sustain, reverse, or modify
840 the initial action taken and notify the applicant of the decision in writing within 30
850 days after receipt of the request for informal review.
860 (4) Institution of proceedings under this section is within the discretion of the
870 applicant and is not a condition precedent to institution of proceedings under
880 subsection (h) of this section.
890 (h) (1) There is created a Handgun Permit Review Board as a separate agency within
900 the Department of Public Safety and Correctional Services. The Board shall
910 consist of five members appointed from the general public by the Governor with
920 the advice and consent of the Senate of Maryland and shall hold office for terms
930 of three years. The members shall hold office for a term of one, two, and three
940 years, respectively, to be designated by the Governor. After the first appointment,
950 the Governor shall annually appoint a member of the Board in the place of the
960 member whose term shall expire. Members of the Board shall be eligible for
970 reappointment. In case of any vacancy in the Board, the Governor shall fill the
980 vacancy by the appointment of a member to serve until the expiration of the term
990 for which the person had been appointed. Each member of the Board shall receive
1000 per diem compensation as provided in the budget for each day actually engaged in
1010 the discharge of his official duties as well as reimbursement, in accordance with
1020 the Standard State Travel Regulations, for all necessary and proper expenses.
1030 (2) Any person whose application for a permit or renewal of a permit has been
1040 rejected or whose permit has been revoked or limited may request the Board to
1050 review the decision of the Secretary by filing a written request for review with the
1060 Board within ten days after receipt of written notice of the Secretary's final action.
1070 The Board shall, within 90 days after receipt of the request, either review the
1080 record developed by the Secretary, or conduct a hearing. In conducting its review
1090 of the decision of the Secretary, the Board may receive and consider any
1100 additional evidence submitted by any party. Based upon its consideration of the
1110 record, and any additional evidence, the Board shall either sustain, reverse or
1120 modify the decision of the Secretary. If the action taken by the Board results in
1130 the rejection of an application for a permit or renewal of a permit or the
1140 revocation or limitation of a permit, the Board shall submit in writing to that
1150 person the reasons for the action taken by the Board.
1160 (3) Any hearing and any subsequent proceedings of judicial review shall be
1170 conducted in accordance with the provisions of Title 10, Subtitle 2 of the State
1180 Government Article; provided, however, that no court of this State shall order the
1190 issuance or renewal of a permit or alter any limitations on a permit pending final
1200 determination of the proceeding.
1210 (4) Any person whose application for a permit or renewal of a permit has not been
1220 acted upon by the Secretary within 90 days after the application was submitted,
1230 may request the Board for a hearing by filing a written request for such a hearing
1240 with the Board.
1250 (i) Notwithstanding any other provision of this subheading, the following persons may, to
1260 the extent authorized prior to March 27, 1972, and subject to the conditions specified in
1270 this subsection and subsection (j) hereof, continue to wear, carry, or transport a handgun
1280 without a permit:
1290 (1) Holders of special police commissions issued under Title 4, Subtitle 9 of
1300 Article 41 of the Annotated Code of Maryland, while actually on duty on the
1310 property for which the commission was issued or while traveling to or from such
1320 duty;
1330 (2) Uniformed security guards, special railway police, and watchmen who have
1340 been cleared for such employment by the Department of State Police, while in the
1350 course of their employment or while traveling to or from the place of
1360 employment;
1370 (3) Guards in the employ of a bank, savings and loan association, building and
1380 loan association, or express or armored car agency, while in the course of their
1390 employment or while traveling to or from the place of employment; and
1400 (4) Private detectives and employees of private detectives previously licensed
1410 under former Article 56, ¤ 90A of the Code, while in the course of their
1420 employment or while traveling to or from the place of employment.
1430 (j) Each person referred to in subsection (i) hereof shall, within one year after March 27,
1440 1972, make application for a permit as provided in this section. Such application shall
1450 include evidence satisfactory to the Secretary of the State Police that the applicant is
1460 trained and qualified in the use of handguns. The right to wear, carry, or transport a
1470 handgun provided for in subsection (i) hereof shall terminate at the expiration of one year
1480 after March 27, 1972, if no such application is made, or immediately upon notice to the
1490 applicant that his application for a permit has not been approved.
1500 (k) (G) As used in this section, Secretary means the Secretary of the State Police, acting
1510 directly or through duly authorized officers and agents of the Secretary.
1520 (l) (H) It is unlawful for a person to whom a permit has been issued or renewed to carry,
1530 wear, or transport a handgun while he is under the influence of alcohol or drugs. A person
1540 violating this subsection is guilty of a misdemeanor, and upon conviction he shall be
1550 fined $1,000 or be imprisoned for not more than one year or both AND HAVE THEIR
1560 PERMIT REVOKED IN ACCORDANCE WITH SUBSECTION (A) OF THIS
1570 ARTICLE.
1580 (I) IT IS UNLAWFUL FOR THE SECRETARY OF THE STATE POLIE TO REFUSE
1590 TO ISSUE A PERMIT TO THE APPLICANT PROVIDED THAT THE APPLICANT
1600 IS ELIGIBLE UNDER SUBSECTION (A) OF THIS ARTICLE.
1610 (J) UPON ISSUANCE OF THE PERMIT, THE HOLDER MAY CARRY A
1620 CONCEALED HANDGUN ANYWHERE WITHN THE STATE OF MARYLAND IN
1630 ACCORDANCE WITH FEDERAL REGULATIONS
1640 SECTION 2: AND LET IT BE FURTHER RESOLVED That this Act shall take effect
1650 October 1, 2000.
1660 MANDATES: Governor Parris Glendenning
1670 Lieutenant Governor Kathleen Kennedy Townsend
1680 State Attorney General J. Joseph Curran
1690 State Senator William M. Baker, Chairman, Senate Judicial Proceedings
1700 Committee
1710 Delegate Joseph F. Vallario, Jr., Chairman, House Judiciary Committee
1720 State Senator Martin G. Madden, Senate Minority Leader
1730 State Senator J. Lowell Stoltzfus, Senate Minority Whip
1740 Delegate Robert H. Kittleman, House Minority Leader
1750 Delegate Robert L. Flanagan, House Minority Whip
1760 Delegate John Leopold
Sponsor
Brian C. Griffiths
Western Maryland College
2 College Hill
Box 523
Westminster, MD 21157
410-751-8640
Grimis66@aol.com