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No. 120, September Term, 1994 Department of Public Safety and Correctional Services v. Randolph B. Berg [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]

IN THE COURT OF APPEALS OF MARYLAND No. 120 September Term, 1994 ________________________________________

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

v.

RANDOLPH B. BERG ________________________________________ Eldridge Rodowsky Chasanow Karwacki Bell Raker McAuliffe, John F. (specially assigned), JJ. ________________________________________ Opinion by Eldridge, J. ________________________________________ Filed: April 9, 1996

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. semi-automatic. The handgun was a Smith and Wesson 10 mm

Pursuant to Maryland Code (1957, 1992 Repl. Vol.,

1995 Cum. Supp.), Art. 27,

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