McCloud v. Handgun Permit Review Bd.
Annotate this CasePetitioner Michael McCloud applied for a handgun permit but was denied because in 2006 he had been convicted in the District of Columbia of attempting to carry a pistol without a license. In denying Petitioner's application, the state police relied on the Maryland attorney general's opinion advising that an out-of-state conviction can disqualify an applicant from obtaining a handgun permit. The permit denial was reversed by the state police's handgun permit review board, which held that the opinion did not apply to Petitioner's situation. The denial was reinstated by the circuit court. The court of special appeals affirmed. The Court of Appeals affirmed, holding (1) the court of special appeals did not err in adopting the views expressed in the attorney general's opinion to determine what constitutes a disqualifying crime; (2) accordingly, Md. Code Ann. Pub. Safety 5-101(g)(3) and 5-133(b)(1), which define a disqualifying crime, include out-of-state convictions; and (3) when determining whether such a conviction is a disqualifying crime, an agency must look to the maximum penalty for the equivalent offense in Maryland.
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