Sec. 29.03.01.48. Dealer’s License — Issuance and Denial  


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  • A. The Secretary shall issue a dealer’s license or provide a written denial of the application within a reasonable time after receiving a properly completed application.

    B. The Secretary shall deny a dealer’s license application if the Secretary determines that the applicant:

    (1) Supplied false information or made a false statement on the application or during the course of the investigation;

    (2) Did not properly complete the application in the form and manner prescribed by the Secretary; or

    (3) Intends that a person who is not eligible to be issued a dealer’s license or whose dealer’s license has been revoked or suspended will:

    (a) Participate in the management or operation of the business for which the license is sought; or

    (b) Hold a legal or equitable interest in the business for which the license is sought.

    C. The Secretary shall deny a dealer’s license application if the Secretary receives a written notification from the applicant’s licensed attending physician that the applicant suffers from a mental disorder and is a danger to the applicant or another.

    D. If the Secretary denies a dealer’s license application, the Secretary shall provide written notice of the denial to the person whose license was denied. The written notice shall contain the reasons the license was denied and a statement of the applicant’s appeal rights.

    E. A person whose dealer’s license application is denied may not engage in the business of selling, renting, or transferring regulated firearms, unless the denial has been subsequently withdrawn by the Secretary or overruled by a court.