McCloud v. Department of State Police
200 Md. App. 725
| Md. Ct. Spec. App. | 2011Background
- McCloud sought renewal of a Maryland handgun permit; MSP denied based on a DC conviction for attempting to carry a pistol without a license.
- MSP equated the DC offense to Maryland's unlawful wearing, carrying or transporting a handgun, with a penalty over two years, rendering McCloud ineligible.
- The Handgun Permit Review Board reversed MSP and granted the permit; MSP sought circuit court review and the circuit court reversed the Board.
- Key statutes: PS § 5-306(a) sets permit criteria; PS § 5-133(b)(1) (and related definitions) disqualify possession for certain crimes.
- Decisions and authorities discussed include: AG opinion, Brown (2009), McLean (2011), and Brown's clarification on applying Maryland penalties to out-of-state offenses.
- The court held the Board erred by not applying the Maryland-equivalent disqualifying-crime analysis and by relying on the Board’s interpretation over statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board erred in applying disqualifying-crime analysis to McCloud's out-of-state conviction | McCloud | MSP/Board | Board erred; MD-equivalent penalty applied |
| Whether the conflict between PS § 5-306 and PS § 5-133 was properly reconciled | McCloud | MSP/Board | Court favored statutory interpretation favoring disqualification |
| Whether Brown v. Handgun Permit Review Board applies retroactively to McCloud's case | McCloud | MSP/Board | Brown applies retroactively; supports reversal |
Key Cases Cited
- Maryland State Police v. Anthony McLean, 197 Md.App. 430 (2011) (de novo review of legal questions; agency interpretation given weight only for longstanding interpretations)
- Brown v. Handgun Permit Review Board, 188 Md.App. 455 (2009) (out-of-state offenses treated by Maryland penalty equivalence for disqualifying crimes)
- Jones v. State, 420 Md. 437 (2011) (out-of-state conviction can serve as predicate for PS § 5-133)
- Miller v. State, 196 Md.App. 658 (2010) (collateral consequences of guilty pleas; due process not violated by lack of notice)
- Berg (Dept. of Public Safety and Correctional Services v. Berg), 342 Md. 126 (1996) (absurd-result avoidance in statutory interpretation; common-sense approach)
- Pelican National Bank v. Provident Bank, 381 Md. 327 (2004) (avoidance of unreasonable/illogical results in statutory construction)
- American Trucking Associations v. Goldstein, 312 Md. 583 (1988) (deference to agency interpretations where appropriate; but not where laws unambiguous)
- Houghton v. County Commissioners of Kent County, 307 Md. 216 (1986) (retroactivity and principle-of-law considerations for judicial decisions)
- Brown, Jr. v. Handgun Permit Review Board, 188 Md.App. 455 (2009) (interpretation of PS statutes; legislative purpose; dicta later clarified in McLean)