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


Latest News

The Dangers of Maryland's Carry Laws

On August 12, 2021, Maryland's highest court, the Court of Appeals, ruled that a violation of Md. Criminal Law § 4-203(a)(1)(i) is a strict liability crime. Put simply, if one has a handgun on or about them and is not authorized to do so, they are guilty of violating the law. The case is Lawrence v. State, 471 Md. 101 (2021).

Section 4-203 is the statute that broadly prohibits the wear, carry, or transport of handguns within the State. Specifically, § 4-203(a)(1)(i) states:

 (a)    (1)    Except as provided in subsection (b) of this section, a person may not:

            (i)    wear, carry, or transport a handgun, whether concealed or open, on or about the person;

There are a few exceptions to this ban (found in subsection (b) of Section 4-203), such as one having a Maryland Wear and Carry Permit, possession in the home or business (by the business owner), or when transporting an unloaded handgun (kept in an enclosed case or enclosed holster) between a gun shop and one's residence or from their residence to a gun range. But, outside these sharply limited exceptions set out in subsection (b), the passage above otherwise broadly criminalizes having a pistol on (or about) the person. 

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MSI v. Montgomery County Update

On June 16, 2021, we filed an emergency motion for partial summary judgment on three of our counts against Montgomery County's enactment of Bill 4-21. The motion seeks to enjoin the County from enforcing their new illegal laws which will go into effect on July 16th without action from the Court. Find the motion HERE and the memorandum in support HERE. As we have stated previously, we will not sit idle while politicians make criminals of ordinary and law-abiding residents. You can learn more and find updates about this case at tinyurl.com/msivmoco.

Taking these challenges is not possible without your support! Consider becoming a member of MSI, donating, or wearing MSI apparel or picking up our accessories.

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Contact Info

Mailing Address:

Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150

Phone:  410-849-9197
Email: 
Web:   www.marylandshallissue.org