Ch. 5

2003 LAWS OF MARYLAND

5-125. APPROVED, ON HOLD, AND DISAPPROVED APPLICATIONS.

(A)     APPROVED APPLICATIONS.

AN APPROVED FIREARM APPLICATION IS VALID ONLY FOR THE PURCHASE,
RENTAL, OR TRANSFER OF THE REGULATED FIREARM LISTED IN THE FIREARM
APPLICATION.

(B)     ON HOLD AND DISAPPROVED APPLICATIONS.

A LICENSEE OR OTHER PERSON MAY NOT SELL, RENT, OR TRANSFER A
REGULATED FIREARM TO A FIREARM APPLICANT WHOSE FIREARM APPLICATION IS
PLACED ON HOLD BECAUSE OF AN OPEN DISPOSITION OF CRIMINAL PROCEEDINGS
AGAINST THE FIREARM APPLICANT OR DISAPPROVED, UNLESS THE HOLD OR
DISAPPROVAL HAS BEEN SUBSEQUENTLY WITHDRAWN BY THE SECRETARY OR
OVERRULED BY A COURT IN ACCORDANCE WITH § 5-127 OF THIS SUBTITLE.

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

In subsection (b) of this section, the reference to the "hold" or disapproval
being withdrawn or overruled is added for clarity and consistency.

Defined terms: "Firearm applicant" § 5-101
"Firearm application" § 5-101
"Licensee" § 5-101
"Person" § 1-101
"Regulated firearm" § 5-101
"Secretary" § 5-101

5-126. HEARINGS.

(A)     RIGHT TO HEARING.

(1)      A FIREARM APPLICANT WHO IS AGGRIEVED BY THE ACTION OF THE
SECRETARY MAY REQUEST A HEARING BY WRITING TO THE SECRETARY WITHIN 30
DAYS AFTER THE SECRETARY FORWARDS NOTICE TO THE FIREARM APPLICANT
UNDER § 5-122 OF THIS SUBTITLE.

(2)      THE SECRETARY SHALL GRANT THE HEARING WITHIN 15 DAYS
AFTER RECEIVING THE REQUEST.

(B)     APPLICATION OF CONTESTED CASE PROVISIONS.

THE HEARING SHALL BE HELD IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF
THE STATE GOVERNMENT ARTICLE.

(C)     VENUE.

THE HEARING SHALL BE HELD IN THE COUNTY OF THE LEGAL RESIDENCE OF
THE FIREARM APPLICANT.

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