ROBERT L. EHRLICH, JR., Governor

Ch. 5

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 27, § 442(i).

Defined terms: "County" § 1-101
"Firearm application" § 5-101
"Secretary" § 5-101

5-122. DISAPPROVAL OF FIREARM APPLICATION.

(A)     GROUNDS.

THE SECRETARY SHALL DISAPPROVE A FIREARM APPLICATION IF:

(1)      THE SECRETARY DETERMINES THAT THE FIREARM APPLICANT
SUPPLIED FALSE INFORMATION OR MADE A FALSE STATEMENT;

(2)      THE SECRETARY DETERMINES THAT THE FIREARM APPLICATION IS
NOT PROPERLY COMPLETED; OR

(3)      THE SECRETARY RECEIVES WRITTEN NOTIFICATION FROM THE
FIREARM APPLICANT'S LICENSED ATTENDING PHYSICIAN THAT THE FIREARM
APPLICANT SUFFERS FROM A MENTAL DISORDER AND IS A DANGER TO THE FIREARM
APPLICANT OR TO ANOTHER.

(B)     NOTICE.

(1)      IF THE SECRETARY DISAPPROVES A FIREARM APPLICATION, THE
SECRETARY SHALL NOTIFY THE PROSPECTIVE SELLER, LESSOR, OR TRANSFEROR IN
WRITING OF THE DISAPPROVAL WITHIN 7 DAYS AFTER THE DATE THAT THE
EXECUTED FIREARM APPLICATION IS FORWARDED TO THE SECRETARY BY
CERTIFIED MAIL OR FACSIMILE MACHINE.

(2)      AFTER NOTIFYING THE PROSPECTIVE SELLER, LESSOR, OR
TRANSFEROR UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE SECRETARY SHALL
NOTIFY THE PROSPECTIVE PURCHASER, LESSEE, OR TRANSFEREE IN WRITING OF
THE DISAPPROVAL.

(3)      THE DATE WHEN THE PROSPECTIVE SELLER, LESSOR, OR
TRANSFEROR FORWARDS THE EXECUTED FIREARM APPLICATION TO THE
SECRETARY BY CERTIFIED MAIL OR BY FACSIMILE MACHINE IS THE FIRST DAY OF
THE 7-DAY PERIOD ALLOWED FOR NOTICE OF DISAPPROVAL TO THE PROSPECTIVE
SELLER, LESSOR, OR TRANSFEROR

REVISOR'S NOTE: This section is new language derived without substantive
change from the second through fourth sentences of former Art. 27, §
442(i).

In the introductory language of subsection (a) of this section, the
requirement that "[t]he Secretary shall disapprove a firearm application"
is added to state expressly that which only was implied in the former law,
i.e., the Secretary is required to deny an application for the reasons stated
in law. Similarly, in subsection (a)(1) of this section, the reference to "the
Secretary" determining grounds exist for disapproval is added to state

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