Maryland Code, PUBLIC SAFETY 5-110
Terms Used In Maryland Code, PUBLIC SAFETY 5-110
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- County: means a county of the State or Baltimore City. See
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(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the applicant intends that a person who is not eligible to be issued a dealer’s license or whose dealer’s license has been revoked or suspended: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.
(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.
(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in the business of selling, renting, or transferring regulated firearms, unless the disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with subsection (d) of this section.
(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 Court of Special Appeals.