ROBERT L. EHRLICH, JR., Governor

Ch. 5

(9) UTILITY         FOR         LEGITIMATE         SPORTING         ACTIVITIES,

SELF-PROTECTION, OR LAW ENFORCEMENT.

(C)     PLACEMENT PROCESS.

(1)      THE BOARD MAY PLACE A HANDGUN ON THE HANDGUN ROSTER ON
ITS OWN INITIATIVE.

(2)      THE BOARD SHALL PLACE A HANDGUN ON THE HANDGUN ROSTER
ON THE SUCCESSFUL PETITION OF ANY PERSON SUBJECT TO SUBSECTIONS (D) AND
(E) OF THIS SECTION, UNLESS A COURT, AFTER ALL APPEALS ARE EXHAUSTED, HAS
MADE A FINDING THAT THE DECISION OF THE BOARD SHALL BE AFFIRMED.

(3) A PETITION TO PLACE A HANDGUN ON THE HANDGUN ROSTER
SHALL BE SUBMITTED TO THE BOARD IN WRITING IN THE FORM AND MANNER THAT
THE BOARD REQUIRES.

(4) A PERSON WHO PETITIONS FOR PLACEMENT OF A HANDGUN ON THE
HANDGUN ROSTER HAS THE BURDEN OF PROVING TO THE BOARD THAT THE
HANDGUN SHOULD BE PLACED ON THE HANDGUN ROSTER

(D)     ACTION OF BOARD ON PETITION.

(1)      WITHIN 45 DAYS AFTER RECEIPT OF A PETITION TO PLACE A
HANDGUN ON THE HANDGUN ROSTER, THE BOARD SHALL:

(I)      DENY THE PETITION IN WRITING, STATING THE REASONS FOR
DENIAL; OR

(II)     APPROVE THE PETITION AND PUBLISH A DESCRIPTION OF THE
HANDGUN IN THE MARYLAND REGISTER, INCLUDING NOTICE THAT ANY OBJECTION
TO THE HANDGUN'S INCLUSION ON THE HANDGUN ROSTER SHALL BE FILED WITH
THE BOARD WITHIN 30 DAYS.

(2)      IF THE BOARD FAILS TO DENY OR APPROVE A PETITION WITHIN THE
TIME REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE PETITION SHALL
BE CONSIDERED DENIED.

(E)     NOTICE OF DENIAL; HEARING; APPEAL.

(1)      IF THE BOARD DENIES A PETITION TO PLACE A HANDGUN ON THE
HANDGUN ROSTER, THE BOARD SHALL NOTIFY THE PETITIONER BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED.

(2)      THE PETITIONER MAY REQUEST A HEARING WITHIN IS DAYS AFTER
THE DATE THAT THE BOARD'S DENIAL LETTER IS RECEIVED.

(3)      (I) IF THE PETITIONER REQUESTS A HEARING UNDER PARAGRAPH
(2) OF THIS SUBSECTION, WITHIN A REASONABLE TIME NOT TO EXCEED 90 DAYS
AFTER RECEIVING THE REQUEST, THE BOARD SHALL:

1.       HOLD A HEARING ON THE PETITION; AND

2.       ISSUE A WRITTEN FINAL DECISION ON THE PETITION.

- 281 -