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Onderdonk v. Handgun Permit Review Board of Department of Public Safety & Correctional Services

Citations: 44 Md. App. 132; 407 A.2d 763; 1979 Md. App. LEXIS 418Docket: No. 165

Court: Court of Special Appeals of Maryland; November 8, 1979; Maryland; State Appellate Court

Narrative Opinion Summary

In this case, an individual's application for a handgun carry permit was denied by the Maryland State Police Superintendent, the Handgun Permit Review Board, and subsequently upheld by the Baltimore City Court. The applicant sought the permit for 'target practice and self-defense,' but the Board found these reasons insufficient under the legal standard for a 'good and substantial reason.' The court, led by Judge Greenfeld, affirmed the Board's decision, emphasizing that it was not arbitrary and that the applicant's broad interpretation of the Second Amendment did not align with prevailing legal standards. The court noted that Maryland law permits the ownership of handguns but imposes regulations on their carrying, which is a constitutional exercise of police power. The applicant's claims of constitutional violations lacked citation of relevant legal authority, and the court highlighted that reasonable regulations do not infringe upon Second Amendment rights. Ultimately, the judgment was affirmed, with costs assigned to the appellant, as the court reiterated its function to assess the statute's relation to public welfare rather than question legislative policy. The appellant's additional arguments were deemed to address policy wisdom rather than legality, and the court maintained its focus on constitutional interpretation and administrative review standards.

Legal Issues Addressed

Constitutionality of Handgun Regulations

Application: The court confirmed the constitutionality of the Maryland Handgun Law, supporting the state's authority to regulate handgun carrying as a valid exercise of police power.

Reasoning: The State's regulation of handgun carrying is deemed a constitutional exercise of police power.

Handgun Permit Denial and Justification

Application: The applicant's request for a handgun permit was denied due to insufficient justification, as the reasons provided did not meet the legal standard for a good and substantial reason.

Reasoning: Onderdonk's application was rejected due to insufficient justification for carrying a handgun.

Judicial Review of Administrative Decisions

Application: The court upheld the administrative decision to deny the permit, finding no arbitrary action on the part of the Board and emphasizing the limited scope of judicial review in such matters.

Reasoning: Judge Greenfeld ruled that he could not override the Board's decision, which was not arbitrary.

Role of Courts in Evaluating Legislation

Application: The court underscored its role in assessing the statute's relation to public welfare, not in evaluating the wisdom or policy decisions of the legislature.

Reasoning: The court emphasizes its role in assessing the statute's relation to public welfare, not in evaluating legislative policy decisions.

Second Amendment Interpretation

Application: The court found the appellant's interpretation of the Second Amendment overly broad, affirming that it does not guarantee an absolute right to carry firearms and supporting reasonable regulations.

Reasoning: Onderdonk's interpretation of the Second Amendment was overly broad, as it does not guarantee an absolute right to carry firearms.