PARRIS N. GLENDENING, Governor

Ch. 561

4. ANY VIOLATION CLASSIFIED AS A COMMON LAW
OFFENSE WHERE THE PERSON RECEIVED A TERM OF IMPRISONMENT OF MORE
THAN 2 YEARS.

[(iv)](V) Is not a fugitive from justice.

[(v)](VI) Is not a habitual drunkard.

[(vi)](VII) Is not an addict or a habitual user of [narcotics, barbiturates
or amphetamines] ANY CONTROLLED DANGEROUS SUBSTANCES.

[(vii)] (VIII) Has never spent more than thirty consecutive days in any
medical institution for treatment of a mental disorder or disorders, unless there is
attached to the application a physician's certificate, issued within thirty days prior to the
date of application, certifying that the applicant is capable of possessing a pistol or
revolver without undue danger to himself or herself, or to others.

(e)     The Secretary [of the State Police or the Secretary's duly authorized agent or
agents] shall conduct an investigation in order to determine the truth or falsity of the
information supplied and statements made in an application for a [pistol and revolver]
REGULATED FIREARMS dealer's license. If it be thereupon determined that any false
information or statement has been supplied or made by the applicant, A WRITTEN
NOTIFICATION IS RECEIVED FROM A THE APPLICANT'S LICENSED ATTENDING
PHYSICIAN THAT THE APPLICANT IS SUFFERING FROM A MENTAL DISORDER OR
DISORDERS AND IS A DANGER TO HIMSELF OR HERSELF OR TO OTHERS, or that the
application has not been properly completed, the Secretary [or the Secretary's duly
authorized agent or agents] shall forward written notification to the prospective licensee
of [his or their] THE SECRETARY'S disapproval of said application.

(f)     No person shall engage in the business of selling [pistols or revolvers]
REGULATED FIREARMS whose application for a [pistol and revolver] REGULATED
FIREARMS dealer's license has been 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subsequently withdrawn by the Secretary [of the State Police or the Secretary's duly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 (g) below.

(g)     Any person aggrieved by the action of the Secretary [of the State Police or the
Secretary's duly authorized agent or agents] may appeal the disapproval of his or her
application for a [pistol and revolver] REGULATED FIREARMS dealer's license to the
circuit court of the county where the applicant's intended place of business is to be
conducted. Such appeal must be filed not later than thirty days from the date written
notification of disapproval to the prospective licensee was mailed by the Secretary [or the
Secretary's duly authorized agent or agents]. The court wherein an appeal is properly
and timely filed shall affirm or reverse the determination of disapproval rendered by the
Secretary [or the Secretary's duly authorized agent or agents], depending upon whether
it finds that any false information or statement was supplied or made by the applicant, or
that the application was not properly completed. A further appeal to the Court of Special
Appeals may be prosecuted by either the Secretary [of the State Police] or the applicant
from the decision reached by the circuit court in accordance with this subsection.

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