As if Maryland is not hard enough for citizens to obtain a Wear & Carry Permit (a concealed carry permit), things just got a little harder. Prior to October 1, 2018, if a person was denied a wear & carry permit or had unreasonable restrictions imposed by the Maryland State Police, all they had to do was appeal to the Handgun Review Permit Board.
The Handgun Review Permit Board is a citizen board appointed by the Governor that hears citizens appeals of denials or permit restrictions imposed by the Maryland State Police Licensing Division.
At the Handgun Review Permit Board, the Maryland State Police states their position as to why a permit was denied or restrictions imposed upon an applicant.
The applicant than has an opportunity to establish the good and substantial reasons that are imposed by the law for a person to be granted a wear & carry permit in the state.
During the 2018 Maryland General Assembly session, the legislature in response to the Parkland High School shooting, imposed an additional layer of review in order for a person to obtain the wear & carry permit.
If a person appeals to the Handgun Review Permit Board and the Board overturns the Maryland State Police’s decision to deny a permit or to issue a permit with restrictions, the Maryland State Police now has the opportunity to appeal the Board’s decision to the Maryland Office of Administrative Appeals.
This is a significant imposition on the citizens of Maryland as the State Police have indicated that they plan to appeal every decision from the Handgun Review Permit Board that is against the State Police. The practical effect of this is that for the average citizen to go to Office of Administrative Hearings, it is a significant investment in both time and money. Most people will not be able to represent themselves at the Office of Administrative Hearings due to the complexity of the rules and legal procedure that is involved.
It is important to note that due to the way that the legislature crafted the language in this new law, there is a finite period of time, in which the case can be heard and decided. It is very important that if you are the subject to one of these appeals, that you not waste time in preparing your case or hiring an attorney to represent you.
Hershon Legal, LLC is actively participating in cases now on behalf of its clients at the Office of Administrative Hearings. If you have received notice from the Office of Administrative Hearings that your permit is being appealed by the State Police, give Ed Hershon a call to discuss your case.