Md. Code Regs. 29.03.01.53

Current through Register Vol. 51, No. 25, December 13, 2024

Section 29.03.01.53 - Gun Shows - Temporary Transfer Permits

A. The Secretary has the sole authority to issue a Temporary Transfer Permit.

B. A Temporary Transfer Permit shall be prominently displayed in public view as a part of a table or fixed display of a person other than a dealer who displays a regulated firearm for sale, rental, or transfer at a gun show.

C. A Temporary Transfer Permit is valid only for the gun show for which it was issued and is not transferable.

D. A Temporary Transfer Permit may not be voided or replaced with another Temporary Transfer Permit.

E. Application.

(1) An application for a Temporary Transfer Permit shall be received by the Maryland State Police a minimum of 10 business days before the first day of the gun show to be attended by the applicant.

(2) The application shall be submitted in the format prescribed by the Secretary.

(3) An initial application must be accompanied by a nonrefundable payment of $10.

(4) An applicant may apply for up to four additional permits when submitting the initial application.

(5) An applicant may also apply for a Temporary Transfer Permit in person at the Firearms Registration Section during normal business hours.

F. Issuance and Denial.

(1) Upon receipt of a properly completely application, the Secretary shall conduct an investigation of the applicant for the purpose of determining whether the applicant is prohibited by law from purchasing or possessing a firearm or is engaging in the business of a dealer.

(2) The Secretary shall deny an application for a Temporary Transfer Permit if the information on the application is illegible, incomplete, or inaccurate.

(3) The Secretary shall deny an application for a Temporary Transfer Permit if the applicant is prohibited by law from purchasing or possessing a firearm or is engaging in the business of a dealer.

(4) The Secretary shall issue a Temporary Transfer Permit or provide a written denial of the application within 7 days after receiving a properly completed application.

(5) A written denial provided by the Secretary shall contain the reasons the application was denied and a statement of the applicant's appeal rights.

G. Appeal.

(1) A person whose Temporary Transfer Permit application is denied may submit a written request to the Secretary for a hearing within 30 days after the date that the written notice of denial was sent by the Secretary.

(2) Upon receipt of a valid request, the Secretary shall grant a hearing within 15 days and the hearing shall be held in the county of the legal residence of the person requesting the hearing.

(3) The hearing and any subsequent proceedings of judicial review shall be conducted in accordance with Regulation .22 of this chapter and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

H. In addition to the initial Temporary Transfer Permit, four additional Temporary Transfer Permits may be issued each calendar year to the same applicant at no additional charge.

I. A person who displayed regulated firearms for sale, rental, trade, or transfer at more than five gun shows in a single calendar year shall obtain a dealer's license in compliance with this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.

Md. Code Regs. 29.03.01.53

Regulations .53 adopted as an emergency provision effective 40:21 Md. R. 1772, eff.10/1/2013 ; adopted permanently effective 40:25 Md. R. 2071, eff.12/23/2013