Department of Public Safety & Correctional Services v. Berg

ELDRIDGE, Judge.

We issued a writ of certiorari in this case to decide whether the State Police erred in disapproving an application to purchase a handgun on the ground that the transaction would constitute a violation of federal law. 1

I

In March 1993 Randolph Berg, a resident of Maryland, submitted an application to purchase a handgun from a gun dealer in Carroll County, Maryland. The handgun was a Smith and Wesson 10 mm semi-automatic. Pursuant to Mary land Code (1957, 1992 Repl.Vol., 1995 Cum.Supp.), Art. 27, § 442(b), a seven day waiting period is imposed on a prospective buyer of a pistol…