Chapter 03. Handgun Roster Board

“Antique firearm” means any:

“Board” means the Handgun Roster Board.

Handgun.

“Handgun Roster” means the roster of permitted handguns compiled by the Board under Public Safety Article, §5-406(a)(1), Annotated Code of Maryland.

“Hearing” means a hearing held by the Board to determine whether a handgun should be placed on the Handgun Roster.

“Manufacture” means to engage in the licensed business of producing handguns from raw materials or assembling handguns from parts, or both of these, for sale or distribution, and to assign a Bureau of Alcohol, Tobacco and Firearms registered serial number to the frame or receiver. Nothing in this definition shall be construed to apply to any customizing services performed by a pistolsmith or gunsmith that do not remove any safety mechanisms of the handgun, reduce the overall size of the handgun, shorten the barrel length, or reduce the caliber to less than that of any model variation of the handgun previously approved by the Board.

“Objection” means a formal written opposition to the inclusion of a handgun on the Handgun Roster.

“Objector” means a person who files with the Board a written objection to the inclusion of a handgun on the Handgun Roster.

“Party of record” means any petitioner or objector.

“Person” includes any individual, corporation, company, association, firm, partnership, society, or joint stock company.

“Petition” means a formal written request to the Board for the inclusion of a handgun on the Handgun Roster.

“Petitioner” means a person who files with the Board a petition to have a certain handgun included on the Handgun Roster.

“Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

“Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if the weapon, as modified, has an overall length of less than 26 inches.

“Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if the weapon, as modified, has an overall length of less than 26 inches.

“Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

“Secretary” means the Secretary of State Police, or the Secretary's designee.

A person's ability to:

The manufacturing in the State of a handgun not on the Handgun Roster by a federally licensed gun manufacturer that is also licensed as a Regulated Firearms Dealer in the State for direct sale to a unit of:

The Board shall compile and publish in the Maryland Register annually a Handgun Roster.

The Board may place a handgun on the Handgun Roster upon petition or upon its own initiative. If an objection to the placement of a handgun on the Handgun Roster is not received within the time set by Regulation .12D(1) of this chapter, a handgun shall be officially placed on the Handgun Roster at the expiration of that time. If a timely objection is received and the Board dismisses the objection, the handgun shall be officially placed on the Handgun Roster when the objection is dismissed.

The Board shall send semiannually a copy of the Handgun Roster to all regulated firearms dealers that are licensed under Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, and to the main branch of each public library system in the State.

Concealability;

Ballistic accuracy;

Weight;

Quality of materials;

Quality of manufacture;

Reliability as to safety;

Caliber;

Detectability by the standard security equipment commonly used at airports or courthouses and approved by the Federal Aviation Administration for use at airports in the United States; and

Utility for legitimate sporting activities, self-protection, or law enforcement.

The petition shall include the following information:

A petition may include any additional information that the petitioner believes would aid the Board in its deliberations.

If the Board receives confidential information in connection with a petition, use or disclosure of that information is governed by the Maryland Public Information Act, State Government Article, §§10-601—10-628 and 15-507, Annotated Code of Maryland.

Within 45 days of the Board's receipt of a petition, the Board shall:

The Board shall send a copy of its denial to the petitioner by certified mail, return receipt requested.

A petitioner may request a hearing within 15 days from the date on which the Board's denial letter is received or the time for the Board to act expires.

The request for hearing shall be in the form provided by the Board. The request shall identify the petition for which a hearing is being sought and state the reasons for which the hearing is being requested. The request shall be sent to the Board by certified or registered mail, return receipt requested, or delivered by hand.

Within 90 days after receiving the request for a hearing, the Board shall hold a hearing in accordance with Regulation .16 of this chapter and issue a written final decision on the petition.

If the Board determines, as a result of the hearing, that the handgun should be placed on the Handgun Roster, the Board shall publish the description of the handgun and the notice required by §D(1)(a) of this regulation.

The Board shall act on an objection within 30 days after its receipt of the objection.

If the Board did not previously grant a petition with respect to the handgun, the Board shall dismiss or adopt the objection in writing, stating the reasons for it, and send a copy of its determination to the objector by certified mail, return receipt requested.

If the Board previously granted a petition with respect to the handgun, the Board shall dismiss or tentatively adopt the objection in writing, stating the reasons for it, and send copies of its determination to the objector and the petitioner by certified mail, return receipt requested. The Board shall also send to the petitioner a copy of the objection.

If the petitioner timely requests a hearing under §C of this regulation, the Board's tentative adoption of an objection is not final unless affirmed by a final decision issued in accordance with §C(3) of this regulation. In all other cases, the Board's decision on an objection is final when issued.

If the Board fails to act on an objection within 30 days after its receipt, the objection shall be considered dismissed.

A petitioner may request a hearing within 15 days after receiving the Board's tentative adoption of an objection.

The request for a hearing shall be in the form provided by the Board and shall be sent to the Board by certified or registered mail, return receipt requested, or delivered by hand. The request shall be served on the objector by one of the same methods.

Within 90 days after receiving a request for a hearing, the Board shall hold a hearing in accordance with Regulation .16 of this chapter and issue a final written decision on the objection.

Publish notice in the Maryland Register, as soon as feasible, that the objection has been adopted;

Send a letter to all regulated firearms dealers licensed under Public Safety Article, §5-106, Annotated Code of Maryland, that an objection to the handgun has been finally adopted and the handgun has not been officially placed on the Handgun Roster; and

Send a copy of the letter in §A(2) of this regulation to the main branch of each public library system in the State.

Publish notice in the Maryland Register, as soon as feasible, that the objection has been adopted;

Send a letter to all regulated firearms dealers licensed under Public Safety Article, §5-106, Annotated Code of Maryland, that an objection to the handgun has been finally adopted and the handgun has not been officially placed on the Handgun Roster; and

Send a copy of the letter in §B(2) to the main branch of each public library system in the State.

Publish notice in the Maryland Register, as soon as feasible, that the objection has been adopted;

Send a letter to all regulated firearms dealers licensed under Public Safety Article, §5-106, Annotated Code of Maryland, that an objection to the handgun has been finally adopted and the handgun has not been officially placed on the Handgun Roster; and

Send a copy of the letter in §C(2) of this regulation to the main branch of each public library system in the State.

A party may be represented by an attorney or may appear in person.

Unless the attorney's appearance is withdrawn, any notice, decision, or other matter required to be sent to the party shall be sent to the attorney.

When any party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and all objections and motions on the party's behalf shall be made solely by counsel.

The chairman shall preside over the hearing and shall determine the order of presentation.

Parties may, and at the request of the chairman shall, submit memoranda on any issues of law or fact involved in the hearing.

Written submissions shall be filed in the form and at the time that the chairman may designate.

The rules of evidence are those provided by State Government Article, §10-208, Annotated Code of Maryland.

Witnesses and parties shall testify on oath or affirmation.

Any member of the Board may examine any witness called to testify.

The chairman may call as a witness any person in attendance at the hearing.

Each party shall offer all of the evidence that the party wishes to have made part of the record. If the Board has any evidence that it wishes to use in making its decision, the Board shall make the evidence part of the record. In making its decision, the Board may consider only evidence that is in the record.