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  
     

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August 2023 Legal Update

Novotny v. Moore - Challenge against aspects of SB 1 and current public carry restrictions

Maryland Shall Issue, the Second Amendment Foundation, the Firearms Policy Coalition, and three individuals have challenged SB 1. That bill passed this last Session of the General Assembly places many unconstitutional restrictions on the right to carry with a permit in Maryland. The case is styled Novotny v. Moore and has been consolidated with Kipke v. Moore in federal district court in Baltimore. Kipke was brought by the Maryland State Rifle and Pistol Association. Plaintiffs in both cases have filed motions for preliminary injunctions and motions for summary judgment with the aim of stopping enforcement of certain restrictions placed by SB 1 by October 1st, the bill’s effective date. Briefing is ongoing in both cases and then the court will decide whether to hold an oral argument and simply move to the issuance of a decision. The court is not required to decide the case within any set time. We will provide updates of importance as they occur. Find all of the filings in both of these cases HERE.

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