Md. Code Regs. 29.03.02.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 29.03.02.03 - Eligibility

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.

Md. Code Regs. 29.03.02.03

Regulations .03 adopted as an emergency provision effective 40:21 Md. R. 1772, eff.10/1/2013 ; adopted permanently effective 40:25 Md. R. 2072, eff.12/23/2013