Ch. 5

2003 LAWS OF MARYLAND

(II)     THE BOARD SHALL PROVIDE NOTICE OF THE HEARING IN
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.

(III)   AT A HEARING HELD UNDER THIS PARAGRAPH, THE
PETITIONER HAS THE BURDEN OF PROVING TO THE BOARD THAT THE HANDGUN
SHOULD BE PLACED ON THE HANDGUN ROSTER BECAUSE THE HANDGUN IS USEFUL
FOR LEGITIMATE SPORTING ACTIVITIES, SELF-PROTECTION, OR LAW ENFORCEMENT
PURPOSES.

(4) ANY PARTY OF RECORD WHO IS AGGRIEVED MAY APPEAL WITHIN 30
DAYS AFTER A FINAL DECISION OF THE BOARD IN ACCORDANCE WITH TITLE 10,
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.

(F) EFFECT OF SECTION.

THIS SECTION DOES NOT REQUIRE THE BOARD TO TEST ANY HANDGUN OR
HAVE ANY HANDGUN TESTED AT THE EXPENSE OF THE BOARD.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36J(b) through (f).

In subsection (a)(1) of this section, the reference to "authorized" handguns
is substituted for the former reference to "permitted" handguns to avoid
confusion with handguns that require the issuance of a permit.

Also in subsection (a)(1) of this section, the former requirement to "publish
in the Maryland Register by July 1, 1989, and thereafter" is deleted as
obsolete and as surplusage in light of subsection (a)(2) of this section.

The Public Safety Article Review Committee notes, for consideration by the
General Assembly, that in subsection (c)(2) of this section, the meaning of
the clause "unless a court, after all appeals are exhausted, has made a
finding that the decision of the Board shall be affirmed" is unclear in light
of subsections (d) and (e) of this section, which provide appeals procedures
for a party who is aggrieved by the decision of the Board.

In subsection (e)(3)(ii) and (4) 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" for clarity.

Defined terms: "Board" § 5-401
"Handgun" § 5-401
"Handgun roster" § 5-401
"Person" § 1-101

5-406. MANUFACTURE OR SALE OF HANDGUNS.

(A) PROHIBITIONS.

(1) EXCEPT AS PROVIDED IN § 5-402 OF THIS SUBTITLE, A PERSON MAY
NOT MANUFACTURE FOR DISTRIBUTION OR SALE A HANDGUN THAT IS NOT
INCLUDED ON THE HANDGUN ROSTER IN THE STATE.

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