The rules governing carry permits in Maryland were not particularly affected by the firearms safety act of 2013. Rather, these rules are governed by title 5 of the public safety code. Concealed carry permit applications that are denied can be appealed to the Office of Administrative Hearings or (OAH), where an Administrative Law Judge will decide whether a permit shall issue. Without a permit you cannot wear, transport or carry a handgun unless you are going from home to the range/ gun shop or vice versa, and unless the weapon is packaged correctly in a case, unloaded and not readily accessible. The fees to apply for the permit are relatively cheap but the instruction and course could cost a few hundred dollars. Any applicant that hopes to obtain a permit must be an adult who has not been convicted of crimes including drug offenses and other offense where the sentence was more than 1 year, and all applicants must complete 16 hours of training by a qualified instructor, and then 8 hours of additional training for renewals.
Once an applicant meets the basic requirements the board will then conduct an investigation to determine whether the applicant has ever exhibited a propensity for violence or instability. If you have ever been charged with assault or if a peace order or protective order has ever been taken out against you then you can bet this will come back to bite you during the investigation stage. If the board determines you are suitable after the character investigation they will next move to the most difficult stage where the majority of applications fail. Under the law an applicant must prove a good and substantial reason to wear, transport or carry a handgun that rises to the level of finding that the “permit is necessary as a reasonable precaution against apprehended danger”. In a nutshell this means that the applicant must prove that he or she needs the permit to protect against danger that they are likely to encounter. The burden is on the applicant to prove this is the case, but the problem is that many citizens cannot site specific facts that make them likely to encounter danger. It is not enough in Maryland to just be a law-abiding citizen with the desire for extra protection, as the board will need more persuasion under the law. That being said, most applicants who meet the requirements and provide a good and substantial reason will be granted a permit. This law could soon change, as the Supreme Court is set to rule on a similar New York law where the applicant has the burden. We will post a follow-up article after the opinion is released in the coming months.
It is extremely important to be familiar with the state’s tough gun laws to avoid arrest and prosecution. Out of state permits are not valid in Maryland and the police will not simply confiscate your gun and send you on your way, but rather they will charge and arrest you. Even a person with a valid permit is subject to strict laws, as it is a misdemeanor punishable by up to a year in jail to wear, carry or transport handgun while under the influence of drugs or alcohol. For further questions or inquiries feel free to contact gun lawyer Benjamin Herbst anytime at 410-207-2598.