PARRIS N. GLENDENING, Governor

Ch. 561

UNLESS THE LICENSEE PRODUCES A PHYSICIAN'S CERTIFICATE, ISSUED
SUBSEQUENT TO THE LAST PERIOD OF INSTITUTIONALIZATION, CERTIFYING THAT
THE LICENSEE IS CAPABLE OF POSSESSING A REGULATED FIREARM WITHOUT
UNDUE DANGER TO HIMSELF OR HERSELF, OR TO OTHERS;

(IX)   HAS KNOWINGLY OR WILLFULLY MANUFACTURED, OFFERED
TO SELL, OR SOLD A HANDGUN NOT ON THE HANDGUN ROSTER IN VIOLATION OF §
36-I OF THIS ARTICLE; OR

(X)     HAS KNOWINGLY OR WILLFULLY PARTICIPATED IN A STRAW
PURCHASE OF A REGULATED FIREARM.

[(i)] (J) No person shall engage in the business of selling [pistols or revolvers]
REGULATED FIREARMS whose [pistol and revolver] REGULATED FIREARMS dealer's
license has been SUSPENDED OR revoked, unless such SUSPENSION OR revocation 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been subsequently withdrawn by the Secretary [ of the State Police or the Secretary's duly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 [(j)] (K) below.

[(j)] (K) Any prospective dealer aggrieved by the action of the [Department of
State Police] SECRETARY may request a hearing within [thirty (30)] 30 days from the
date when written notice was forwarded to such aggrieved person by writing to the
Secretary, [of State Police,] who shall grant the hearing within [fifteen] 15 days of said
request. Said hearing and subsequent proceedings of judicial review, if any, thereupon
following shall be conducted in accordance with the provisions of the Administrative
Procedure Act. A [suspension or] revocation shall not take effect while an appeal is
pending.

[(k) Any person who engaged in the business of selling pistols or revolvers in
violation of this section or who knowingly gives any false information or makes any
material misstatement in an application required by this section shall upon conviction
thereof be subject to the penalties hereinafter provided in § 448 of this subtitle. Each day
on which pistols or revolvers are unlawfully sold or offered for sale shall be considered a
separate offense.

(1) The Secretary of the State Police shall adopt regulations to implement the
inclusion of an assault weapon, as defined under § 481E of this article, within the license,
sales, and transfer requirements under this section.]

443A.

[ (a) (1) In this section the following words have the meanings indicated.

(2)     "Gun show" means an organized gathering open to the public at which
any firearm is displayed.

(3)     "Regulated firearm" means any firearm whose sale or transfer is subject
to the provisions of § 442 of this article.

(4)     "Secretary" means the Secretary of the State Police or the Secretary's
designee.]

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