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§ 5-110. Disapproval of dealer's license application

West's Annotated Code of MarylandPublic SafetyEffective: December 14, 2022

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 5. Firearms (Refs & Annos)
Subtitle 1. Regulated Firearms (Refs & Annos)
Effective: December 14, 2022
MD Code, Public Safety, § 5-110
Formerly cited as MD CODE Art. 27, § 443
§ 5-110. Disapproval of dealer's license application
Currentness
Grounds
(a) The Secretary shall disapprove an application for a dealer's license if:
(1) the Secretary determines that the applicant supplied false information or made a false statement;
(2) the Secretary determines that the application is not properly completed;
(3) the Secretary receives a written notification from the applicant's licensed attending physician that the applicant suffers from a mental disorder and is a danger to the applicant or to another; or
(4) the Secretary determines that the applicant intends that a person who is not eligible to be issued a dealer's license or whose dealer's license has been revoked or suspended:
(i) will participate in the management or operation of the business for which the license is sought; or
(ii) holds a legal or equitable interest in the business for which the license is sought.
Notice
(b) If the Secretary disapproves an application for a dealer's license, the Secretary shall notify the applicant in writing of:
(1) the disapproval of the application; and
(2) the reason the application was denied.
Effect of disapproval
(c) A person whose application for a dealer's license has been disapproved may not engage in the business of selling, renting, or transferring regulated firearms, unless the disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with subsection (d) of this section.
Appeals
(d)(1) An applicant who is aggrieved because the Secretary has disapproved the application for a dealer's license may appeal to the circuit court of the county where the applicant's place of business is to be located.
(2) The appeal must be filed not later than 30 days after the Secretary mails notification of disapproval to the applicant.
(3) If the appeal is properly and timely filed, the court shall affirm or reverse the disapproval of the Secretary depending on whether the court finds that:
(i) the applicant supplied false information or made a false statement; or
(ii) the application was not properly completed.
(4) The Secretary or the applicant may appeal the decision of the circuit court to the Appellate Court of Maryland.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2013, c. 427, § 1, eff. Oct. 1, 2013; Acts 2021, c. 82, § 7, eff. Dec. 14, 2022; Acts 2021, c. 83, § 7, eff. Dec. 14, 2022.
MD Code, Public Safety, § 5-110, MD PUBLIC SAFETY § 5-110
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document