Bump Stock Lawsuit Filed!
On June 11, 2018, MSI and four individuals filed a class action suit challenging SB 707, the Bump Stock Bill that was signed into law by Governor Hogan on April 24.
Senate Bill 707 provides that a person may not “transport” into Maryland or “manufacture, possess, sell, offer to sell, transfer, purchase, or receive a rapid-fire trigger activator.” Senate Bill 707 defines “a rapid-fire trigger activator” extremely broadly to include “any device, including a removable manual or power-driven activating device, constructed so that, when installed in or attached to a firearm the rate at which the trigger is activated increases; or the rate of fire increases.” A rapid-fire trigger activator is further defined to include a “bump stock, trigger crank, hellfire trigger, binary trigger, burst trigger system, or a copy or a similar device, regardless of the producer or manufacturer.” A violation of the new law is punishable with up to 3 years in prison or a fine of $5,000 or both.
The lawsuit challenges the newly enacted SB 707 on multiple grounds, including as unconstitutional taking of private property under the Takings Clause of the federal Constitution and the Maryland Constitution and as unlawful seizure of private property under Article 24 of the State Constitution. The Complaint also alleges that SB 707 is unconstitutionally vague and violates the Due Process Clause in making continued possession of these so-called "rapid-fire trigger activators" contingent on obtaining BATF "authorization" where the BATF has publicly stated that lacks the legal authority to accord any such "authorization." The Complaint can be found HERE.
Sincerely, Mark W. Pennak, President, MSI