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Session Laws, 1988
Volume 770, Page 3497   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 533

OF THIS SECTION, THE BOARD SHALL PLACE A HANDGUN ON THE HANDGUN
ROSTER UNLESS:

(1) A COURT, AFTER ALL APPEALS ARE EXHAUSTED, HAS
DETERMINED MADE A FINDING THAT THE HANDGUN IS A SATURDAY NIGHT
SPECIAL FOR THE PURPOSE OF CIVIL LIABILITY;

(2) THE SUPERINTENDENT DETERMINES THAT THE HANDGUN

IS NOT DETECTABLE BY THE STANDARD SECURITY EQUIPMENT COMMONLY
USED AT AIRPORTS OR COURTHOUSES AND APPROVED BY THE FEDERAL
AVIATION ADMINISTRATION FOR USE AT AIRPORTS IN THE UNITED STATES;
OR

(3) THE SUPERINTENDENT DETERMINES THAT THE HANDGUN IS

NOT OF A TYPE PRIMARILY USEFUL FOR LEGITIMATE SPORTING

ACTIVITIES, SELF-PROTECTION, OR LAW ENFORCEMENT DECISION OF THE
BOARD SHALL BE AFFIRMED
.

(C) (D) (1) A PERSON WHO PETITIONS FOR PLACEMENT OF A
HANDGUN ON THE HANDGUN ROSTER SHALL BEAR THE BURDEN OF PROOF THAT
THE HANDGUN SHOULD BE PLACED ON THE ROSTER.

(2) A PETITION TO PLACE A HANDGUN ON THE HANDGUN
ROSTER SHALL BE SUBMITTED IN WRITING AND SHALL BE IN THE FORM AND
MANNER PRESCRIBED BY THE SUPERINTENDENT BOARD.

(D) (E) (1) UPON RECEIPT OF A PETITION TO PLACE A HANDGUN
ON THE HANDGUN ROSTER, THE SUPERINTENDENT BOARD SHALL, WITHIN 45
DAYS OF RECEIPT OF THE PETITION:

(1) (I) DENY THE PETITION IN WRITING, STATING THE
REASONS FOR DENIAL; OR

(2) (II) APPROVE THE PETITION AND PUBLISH A
DESCRIPTION OF THE HANDGUN IN THE MARYLAND REGISTER, INCLUDING
NOTICE THAT ANY OBJECTION TO ITS INCLUSION IN THE HANDGUN ROSTER
MUST BE FILED WITH THE SUPERINTENDENT BOARD WITHIN 30 DAYS.

(2) IF THE SUPERINTENDENT 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) (F) (1)(I) IF THE SUPERINTENDENT BOARD DENIES A
PETITION TO PLACE A HANDGUN ON THE HANDGUN ROSTER, THE BOARD
SHALL NOTIFY THE PETITIONER BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED.
-----------------------------------------------------

(II) THE PETITIONER MAY REQUEST A HEARING
WITHIN 15 DAYS FROM THE DATE THAT THE SUPERINTENDENT'S BOARD'S
DENIAL LETTER IS MAILED RECEIVED.

(2) THE SUPERINTENDENT BOARD SHALL, WITHIN A
REASONABLE TIME NOT TO EXCEED 120 90 DAYS AFTER RECEIVING A

- 3497 -

 

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Session Laws, 1988
Volume 770, Page 3497   View pdf image
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