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HB0824 Public Safety - Regulated Firearms - Possession and Permits to Carry, Wear, and Transport a Handgun
This bill is essentially the House counterpart to SB1 in response to the Bruen decision.
Prohibiting a person convicted under §4-104 of the Criminal Law Article (child access to firearms) from possessing a regulated firearm for a period of 5 years following the date of conviction.
Doubling the fee for initial application, renewal and duplicate or modified permit.
Raising the age from 18 years (legal adult) to 21 years to qualify for a permit to wear and carry a handgun. Exemption for member of armed forces.
Prohibiting a person who:
• Is on supervised probation for a conviction of a crime punishable by imprisonment for 1 year or more or, a violation of §21-902(b) or (c) for driving while impaired by alcohol or drugs.
• Suffers from a mental disorder as defined in §10-101 (I)(2) of the health general article and has a history of violent behavior.
• Has been involuntarily admitted for more than 30 consecutive days to a facility as defined in §10-101 of the Health General Article
• Is a respondent in a current non ex parte civil protective order under §4-506 of the Family Law Article.
• Is the subject of an extreme risk protective order under §5-601 of the Public Safety Article.
• Is the subject of any other current order prohibiting the person from purchasing or possessing firearms.
Adding the following requirements needed to qualify for a permit to wear and carry a handgun to Public Safety Article §5-306:
• Instruction on Federal law (most instructors already do this)
• Instruction on State self-defense law including duty to retreat (these laws do not exist - there is only case law - see below*)
• Proportional use of force in self-defense and conflict de-escalation and resolution
• Live fire shooting exercises (already a part of existing law)
• Safe handling and shooting of a handgun (already a part of existing law)
Notes for info only: MSP Operations Directives: Use of Force & De-escalation
Requiring that the person is not otherwise prohibited by State or Federal Law from purchasing or possessing a firearm (that is what the background checks are for under existing law).
Prohibiting the Secretary of State Police from issuing a permit to:
• Convicted of a second or subsequent violation of §4-104 of the Criminal Law Article (child access to firearms).
• Convicted of a violation of §4-104 of the Criminal Law Article if the violation involved the use of a loaded firearm resulting in the death of the child or another.
• Subject to the above the Secretary may not issue a permit to a person who has been convicted of a violation of §4-104 of the Criminal Law Article for 5 years following the date of conviction.
The Secretary SHALL:
• Revoke the permit on a finding that the holder does not meet the qualifications described in §5-306. Note: There are no State laws addressing self-defense or deadly force, nor are there any State laws addressing a duty to retreat (Click this link for AG letter). The is no way such laws can be passed during the 2023 Session. Therefore, no current permit holder can be in compliance with §5-306 when this bill takes effect. As of October 1, 2023, the Secretary of State Police will be required to revoke all existing permits to wear and carry a handgun.
• Regularly review CJIS database to determine whether all permit holders continue to meet the qualification described in §5-306.
• If the Secretary revokes a permit for a person the Secretary determines is prohibited from possessing a firearm under §5-133, the Secretary shall take steps to ensure the surrender of all regulated firearms in the person’s possession.
The Secretary may:
• Revoke a permit if the permit holder is found wearing or carrying a firearm and not in possession of the physical permit.
Various revocation notification requirements are included as well as reporting requirements on the number of permits issued and revoked, demographic data, etc. Strongly Oppose
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