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Ch. 92 2006 LAWS OF MARYLAND
(2) The Board shall place a handgun on the handgun roster on the
successful petition of any person subject to subsections (d) and (e) of this section,
unless a court, after all appeals are exhausted, has made a finding that the decision
of the Board shall be affirmed.
(3) A petition to place a handgun on the handgun roster shall be
submitted to the Board in writing in the form and manner that the Board requires.
(4) A person who petitions for placement of a handgun on the handgun
. roster has the burden of proving to the Board that the handgun should be placed on
the handgun roster.
(d) (1) Within 45 days after receipt of a petition to place a handgun on the
handgun roster, the Board shall:
(i) deny the petition in writing, stating the reasons for denial; or
(ii) approve the petition and publish a description of the handgun
in the Maryland Register, including notice that any objection to the handgun's
inclusion on the handgun roster shall be filed with the Board within 30 days.
(2) If the Board fails to deny or approve a petition within the time
required under paragraph (1) of this subsection, the petition shall be considered
denied.
(e) (1) If the Board denies a petition to place a handgun on the handgun
roster* the Board shall notify the petitioner by certified mail, return receipt
requested.
(2) The petitioner may request a hearing within 15 days after the date
that the Board's denial letter is received.
(3) (i) If the petitioner requests a hearing under paragraph (2) of this
subsection, within a reasonable time not to exceed 90 days after receiving the request,
the Board shall:
1. hold a hearing on the petition; and
2. issue a written final decision on the petition.
(ii) The Board shall provide notice of the hearing in accordance
with Title 10, Subtitle 2 of the State Government Article.
(iii) At a hearing held under this paragraph, the petitioner has the
burden of proving to the Board that the handgun should be placed on the handgun
roster because the handgun is useful for legitimate sporting activities,
self—protection, or law enforcement purposes.
(4) Any party of record who is aggrieved may appeal within 30 days after
a final decision of the Board in accordance with Title 10, Subtitle 2 of the State
Government Article.
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