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Session Laws, 2003
Volume 799, Page 237   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 442(k)(1), (3), and except as it related to
judicial review, (2).

In subsections (a)(1) and (c) of this section, the defined term "firearm
applicant" is substituted for the former term "aggrieved person" for clarity
and consistency.

In subsection (a)(1) of this section, the defined term "Secretary" is
substituted for the former term "State Police" because the Secretary has
the duty to decide applications under this subtitle.

In subsection (b) of this section, the reference to "Title 10, Subtitle 2 of the
State Government Article" is substituted for the former reference to "the
Administrative Procedure Act" to state explicitly the law governing review
of the Secretary's decisions.

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

5-127. JUDICIAL REVIEW.

ANY SUBSEQUENT JUDICIAL REVIEW SHALL BE HELD IN ACCORDANCE WITH
TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 442(k)(2), as it related to judicial review.

The reference to "Title 10, Subtitle 2 of the State Government Article" is
substituted for the former reference to "the Administrative Procedure Act"
to state explicitly the law governing judicial review.

5-128. PURCHASES WITHIN 30 DAYS — IN GENERAL.
(A) SCOPE OF SUBSECTION.
SUBSECTION (B) OF THIS SECTION DOES NOT APPLY TO:

(1)      A LAW ENFORCEMENT AGENCY;

(2)      AN AGENCY AUTHORIZED TO PERFORM LAW ENFORCEMENT DUTIES;

(3)      A STATE OR LOCAL CORRECTIONAL FACILITY;

(4)      A PRIVATE SECURITY COMPANY LICENSED TO DO BUSINESS IN THE
STATE;

(5)      THE PURCHASE OF AN ANTIQUE FIREARM;

(6)      A PURCHASE BY A LICENSEE;

(7)      THE EXCHANGE OR REPLACEMENT OF A REGULATED FIREARM BY A
SELLER FOR A REGULATED FIREARM PURCHASED FROM THE SELLER BY THE SAME

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Session Laws, 2003
Volume 799, Page 237   View pdf image
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