In this chapter, the following terms have the meanings indicated. Terms Defined. “Antique firearm” means any: Firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and Replica of any firearm described in §B(1) of this regulation if the replica: Is not designed or redesigned for using rimfire or conventional centerfire ammunition, or Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. “Board” means the Handgun Roster Board. Handgun. “Handgun” means a pistol, a revolver, or any other firearm capable of being concealed on the person. “Handgun” does not include a shotgun, a rifle, a short-barreled rifle, a short-barreled shotgun, or an antique firearm. “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. Pursuant to Public Safety Article, Title 5, Subtitle 4, Annotated Code of Maryland, there is a Handgun Roster Board within the Department of State Police. The office of the Handgun Roster Board is 1201 Reisterstown Road, Pikesville, Maryland 21208. Except as provided in §C of this regulation, a person may not manufacture for distribution or sale any handgun that is not included on the Handgun Roster compiled by the Board. A person may not sell or offer for sale in the State a handgun manufactured after January 1, 1985, that is not on the Handgun Roster. Compliance with the provisions of this section is not required until January 1, 1990. This regulation does not interfere with: A person's ability to: Manufacture, sell, or offer to sell a rifle or other weapon not defined as a handgun in Regulation .01B of this chapter, Manufacture a prototype handgun model required for design, development, testing, and approval by the Board; and 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 federal government, A state other than Maryland, An out-of-State local government, or An out-of-State law enforcement agency. General Powers and Duties. The Board shall exercise the powers and perform the duties conferred upon it by statute or by other applicable law or regulation. Specific Powers and Duties. 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. The Secretary shall serve as chairman of the Board. The Secretary shall appoint a vice-chairman to the Board. In the absence of the chairman, the vice-chairman shall preside at the meetings and shall perform all the functions and shall have all the power of the chairman. The Board shall meet periodically at the request of the chairman of the Board or by request of a majority of the members. The Board shall keep a record of all meetings. Minutes of each meeting of the Board shall be prepared in accordance with State Government Article, §10-509, Annotated Code of Maryland. A copy of the minutes of the last meeting shall be mailed by the chairman or the chairman's designee to each member of the Board in advance of the next scheduled meeting, and consideration of the minutes shall be included as an item on the agenda of that meeting. The minutes of each past meeting shall be reviewed by the members of the Board, revised as necessary, and then adopted as the official record of its proceedings. Six members shall constitute a quorum for all meetings. Decisions shall be by majority vote of the membership of the Board. All votes shall be recorded. Members of the Board shall be reimbursed for their actual expenses pursuant to State travel regulations. In determining whether any handgun should be included on the Handgun Roster, the Board shall consider the following characteristics of a handgun: 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. In determining whether any handgun should be placed on the Handgun Roster, the Board shall carefully consider each of the characteristics listed under §A of this regulation and may not place undue weight on any one characteristic. Pursuant to Public Safety Article, §5-405, Annotated Code of Maryland, a person may petition the Board for placement of a handgun on the Handgun Roster. Form. A petition to the Board shall be in the form provided by the Board. The petition shall be sent to the Handgun Roster Board Administrator by email, facsimile, or certified or registered mail, return receipt requested, or delivered by hand. Content. The petition shall include the following information: A description of the handgun; Make; Model; Caliber; Year of manufacture; Overall length; Barrel length; Technical specifications, if available to the petitioner, to substantiate the claim that the handgun under consideration is of the type that should be placed on the Handgun Roster; and Importer, if any. 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. Upon request, the petitioner shall submit a representative sample of a handgun under consideration. The Board shall either return the handgun upon completion of its examination or reimburse the petitioner at the fair market value of the handgun, at the option of the Board. The Board may, at its own expense, require an independent examination of the handgun in question before rendering a final decision concerning its placement on the Handgun Roster. A petitioner shall bear the burden of proof that the handgun should be placed on the Handgun Roster. Action on Petition. Within 45 days of the Board's receipt of a petition, the Board shall: Approve the petition and publish in the Maryland Register the description specified in Regulation .11C(1) of this chapter, accompanied by notice that any objection to its placement on the Handgun Roster shall be filed with the Board within 30 days after the issue date of the issue of the Maryland Register in which the notice appears; or Deny the petition in writing, stating the reasons for the denial. The Board shall send a copy of its denial to the petitioner by certified mail, return receipt requested. Failure to Act. If the Board fails to render a decision on a petition within 45 days after its receipt, the petition shall be considered denied. The Board shall publish notice of its failure to act on the petition in the issue of the Maryland Register for which the closing date follows most immediately after the date on which the 45 days end. Hearing after Denial of Petition. 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. Pursuant to Public Safety Article, §5-405(d), Annotated Code of Maryland, a person may object to the placement of a handgun on the Handgun Roster by filing an objection with the Board within the time set by Regulation .12D(1)(a) of this chapter. Form. An objection to the placement of a handgun on the Handgun Roster shall be in the form provided by the Board. The objection shall be sent to the Board by certified or registered mail, return receipt requested, or delivered by hand. Content. The objection shall identify the handgun being objected to and shall state with particularity the reasons for the objection. The objection shall include any relevant technical information available to the objector and any additional information that the objector believes would aid the Board in its deliberations. The objector shall have the burden of proof that the handgun objected to should not be placed on the roster. Board's Actions on Objections. 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. Hearing after Tentative Adoption of Objection. 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. If the Board adopts an objection to a handgun which was tentatively placed on the Handgun Roster upon its own initiative, the Board shall: 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. If a handgun was placed on the Roster as the result of a petition, and the petitioner does not request a hearing within 15 days after receiving the Board's tentative adoption of an objection, the Board shall: 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. If a handgun was placed on the Roster as the result of a petition, and the petitioner does request a timely hearing after receiving the Board's tentative adoption of an objection, a hearing shall be held in accordance with Regulation .14C(3) of this chapter. If, after the hearing, the Board approves the objection, the Board shall: 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. The following regulations apply to hearings that the Handgun Roster Board conducts to determine whether a handgun should be placed on the Handgun Roster. They do not apply to any other proceedings. The Board shall send written notice of the hearing to the parties by certified mail, return receipt requested, at least 10 days before the hearing. The notice shall state the date, time, place, and nature of the hearing. Representation of Parties. 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. Conduct of Hearings. 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. Evidence. 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. Record. A stenographic record shall be made of each hearing. It is not necessary to transcribe the record unless requested by the chairman or a party. A party requesting a transcript shall pay for the cost of transcription. Whenever a transcript is made, a copy shall be deposited with the chairman of the Board. A handgun shall be placed on the Roster after the: Period for filing objections has expired, if a timely objection is not filed; or Board dismisses all timely objections. Any aggrieved party of record may appeal within 30 days after the party's receipt of a final decision of the Board in accordance with the Administrative Procedure Act. Public Safety Article, §5-403; State Government Article, §10-206; Annotated Code of Maryland Effective date: Regulations .01—.17 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615) Regulations .01—.18 adopted effective June 11, 1990 (17:11 Md. R. 1344) Regulation .01B amended effective March 1, 2004 (31:4 Md. R. 318); November 4, 2019 (46:22 Md. R. 980) Regulation .02 amended effective October 19, 1998 (25:21 Md. R. 1576); June 25, 2001 (28:12 Md. R. 1113) Regulation .02A amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .03B amended effective June 25, 2001 (28:12 Md. R. 1113); January 1, 2007 (33:26 Md. R. 1999) Regulation .08 amended effective June 25, 2001 (28:12 Md. R. 1113) Regulation .11A, C amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .11B, C amended effective December 13, 2021 (48:25 Md. R. 1081) Regulation .13A amended effective March 1, 2004 (31:4 Md. R. 318) Regulation .15 amended effective June 25, 2001 (28:12 Md. R. 1113); March 1, 2004 (31:4 Md. R. 318)