Section 5-110 - Disapproval of dealer's license application.
§ 5-110. Disapproval of dealer's license application.
(a) Grounds.- 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; or
(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.
(b) Notice.- If the Secretary disapproves an application for a dealer's license, the Secretary shall notify the applicant in writing of the disapproval.
(c) Effect of disapproval.- 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in the business of selling, renting, or transferring regulated firearms, unless the disapproval has been subsequently withdrawn by the Secretary or overruled by a court in accordance with subsection (d) of this section.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) Appeal.-
(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.
[An. Code 1957, art. 27, § 443(f)-(h); 2003, ch. 5, § 2.]