PARRIS N. GLENDENING, Governor
Ch. 561
[(g)](J) (I) The Secretary [of the Department of State Police] may request
the assistance of the police commissioner of Baltimore City, the chief of police in any
county maintaining a police force, or the sheriff in a county not maintaining a police force
and shall promptly upon receipt of an application to purchase, RENT, or transfer conduct
an investigation in order to determine the truth of or falsity of the information supplied
and statements made in said THE application. If it be thereupon determined that any
false information or statement has been supplied or made by the applicant, [ or] that the
application has not been properly completed, OR THAT WRITTEN NOTIFICATION FROM
A THE APPLICANT'S LICENSED ATTENDING PHYSICIAN HAS BEEN RECEIVED
STATING THAT THE APPLICANT IS SUFFERING FROM A MENTAL DISORDER OR
DISORDERS AND IS A DANGER TO HIMSELF OR HERSELF OR TO OTHERS, the [ said]
Secretary [ or any specific member of the Department of State Police authorized by the
Secretary to act as the Secretary's agent in matters relating to pistol or revolver sales]
shall notify the prospective seller, LESSOR, or transferor, in writing, within seven days
from the date the executed application to purchase or transfer was forwarded by certified
mail OR FACSIMILE MACHINE, of his disapproval of said THE application. Written
notification of such disapproval shall be thereafter forwarded by the Secretary [ or the
Secretary's duly authorized agent or agents] to the prospective purchaser, LESSEE, or
transferee. The date upon which the executed application to purchase, RENT, or transfer
was forwarded by certified mail OR BY FACSIMILE MACHINE TO THE SECRETARY by
the prospective seller, LESSOR, or transferor shall be considered as the first day of the
seven-day period allowed for notice of disapproval to the said prospective seller, LESSOR.
or transferor. If the seventh day of the seven-day period allowed for the said notice of
disapproval shall fall on a Sunday or legal holiday, the computation period shall be
extended to the first day next following, which is neither a Sunday nor a legal holiday.
[(h)] (K) (J) (1) No REGULATED FIREARMS dealer OR PERSON shall sell,
RENT, or transfer a [ pistol or revolver] REGULATED FIREARM to an applicant whose
application has been PLACED ON HOLD BECAUSE OF AN OPEN DISPOSITION OF
CRIMINAL PROCEEDINGS AGAINST THE APPLICANT OR [timely] disapproved, unless
such disapproval has been subsequently withdrawn by the Secretary [ of the State Police
or the Secretary's duly authorized agent or agents] or overruled by the action of the
courts pursuant to subsection [(i)] (J) (K) of this section.
(2) AN APPROVED APPLICATION IS VALID ONLY FOR THE PURCHASE.
RENTAL, OR TRANSFER OF THE REGULATED FIREARM LISTED IN THE APPLICATION.
[(i)] (L) (K) (1) Any prospective purchaser, LESSEE or transferee aggrieved
by the action of the [Department of] State Police may request a hearing within 30 days
from the date when written notice was forwarded to the aggrieved person by writing to
the Secretary [of the State Police], who shall grant the hearing within fifteen days of the
request.
(2) The hearing and subsequent proceedings of judicial review, if any,
thereupon following shall be conducted in accordance with the provisions of the
Administrative Procedure Act.
(3) The hearing shall be held in the county of the legal residence of the
aggrieved person. [If the aggrieved person is not a State resident, the hearing shall be
held at a location designated by the Secretary of the State Police].
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