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  • Bump Stock Lawsuit Filed!

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

Appeal in Handgun Qualification License Lawsuit Filed

Appeal in Handgun Qualification License Lawsuit Filed

On June 24th 2019, Maryland Shall Issue, Atlantic Guns, and the individual plaintiffs filed our opening brief to the United States Court of Appeals for the Fourth Circuit from the district court’s dismissal in our challenge of the Handgun Qualification License. The District Court held that none of the plaintiffs had standing to complain about the HQL. In doing so, the court ignored much of the evidence of record, impermissibly acted as a fact finder on summary judgment and committed numerous errors of law in order to reach the result it did. You can read the newly filed brief HERE.

The State has 30 days to file their Brief of Appellees (the State will likely request an extension -- they always do) and we will then file a Reply brief in response. Oral argument before a 3-judge panel will then be scheduled for some months later in Richmond, VA. We will share those developments as they become available.

We firmly believe that the HQL only exists to burden and discourage law-abiding Marylanders from exercising their individual right to acquire a handgun for lawful self-defense. The suppression and rationing of ownership of guns has been the State's objective for years. Yet, unsurprisingly, the State's never ending attempt to illegalize guns has neither lessened crime nor made Maryland a safer place for people to live. One need only look to the years of increased violence in Baltimore for grim evidence of that. All that has been accomplished is to make it expensive and difficult for ordinary individuals to protect themselves and their families. As always, MSI will always stand up and push back against laws and policies that put the right of self defense out of reach from those who need it most.

Your generous support of MSI is what makes all this possible. Consider joining, renewing, or donating to MSI so that we can continue to support self defense and 2nd Amendment rights in Maryland.

Response to “The handgun board that couldn't shoot straight.”

The Sun, in its February 8, 2019 editorial, ably demonstrates once again that it does not grasp the complexity of gun law in Maryland in asserting that the Handgun Permit Review Board somehow has created a “loophole” in Maryland gun law by reversing the Maryland State Police 222 times on handgun wear and carry permits issued by the State Police. 

Read more ...

Contact Info

Headquarters:

Maryland Shall Issue®, Inc.
1332 Cape St. Claire Rd #342
Annapolis, MD 21409

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