The differences between a Review and a Hearing

Many, including members of Maryland's Handgun Permit Review Board have asked and even speculated about the differences and definitions of a Review vs. a Hearing.  Here is what you need to know about the differences between the two.

First, reviews and hearings are defined in the Code of Maryland Regulations. You can click on the links below to read the actual regulations.

The main difference between a review and a hearing is that an applicant can present testimony in person, as well as cross-examine witnesses in a hearing.

Comparison Matrix

  Review  Hearing 
Deadline to Apply  Within 10 days of the date the applicant received the Secretary's decision on the applicant's handgun permit According to State Government Article, Title 10, Subtitle 2 ADMINISTRATIVE PROCEDURE ACT -- CONTESTED CASES
Method In Writing In Writing
Hearing Scheduled Within 120 Days  
Advance Notice 10 Days  
Reschedule Option Once  
Review Criteria Public Safety Article, §5-312, Annotated Code of Maryland; and COMAR Title 29.  
Vote Requirements A majority vote is necessary to reverse or modify the decision of the Secretary  
     

Latest News

The Dangers of Maryland's Carry Laws

On August 12, 2021, Maryland's highest court, the Court of Appeals, ruled that a violation of Md. Criminal Law § 4-203(a)(1)(i) is a strict liability crime. Put simply, if one has a handgun on or about them and is not authorized to do so, they are guilty of violating the law. The case is Lawrence v. State, 471 Md. 101 (2021).

Section 4-203 is the statute that broadly prohibits the wear, carry, or transport of handguns within the State. Specifically, § 4-203(a)(1)(i) states:

 (a)    (1)    Except as provided in subsection (b) of this section, a person may not:

            (i)    wear, carry, or transport a handgun, whether concealed or open, on or about the person;

There are a few exceptions to this ban (found in subsection (b) of Section 4-203), such as one having a Maryland Wear and Carry Permit, possession in the home or business (by the business owner), or when transporting an unloaded handgun (kept in an enclosed case or enclosed holster) between a gun shop and one's residence or from their residence to a gun range. But, outside these sharply limited exceptions set out in subsection (b), the passage above otherwise broadly criminalizes having a pistol on (or about) the person. 

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MSI v. Montgomery County Update

On June 16, 2021, we filed an emergency motion for partial summary judgment on three of our counts against Montgomery County's enactment of Bill 4-21. The motion seeks to enjoin the County from enforcing their new illegal laws which will go into effect on July 16th without action from the Court. Find the motion HERE and the memorandum in support HERE. As we have stated previously, we will not sit idle while politicians make criminals of ordinary and law-abiding residents. You can learn more and find updates about this case at tinyurl.com/msivmoco.

Taking these challenges is not possible without your support! Consider becoming a member of MSI, donating, or wearing MSI apparel or picking up our accessories.

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Contact Info

Headquarters:

Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150

Phone:  410-849-9197
Email: 
Web:   www.marylandshallissue.org