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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

Shooting Ranges and Dealers Are Critical Infrastructure and May Remain Open!

Gun Ranges and and Federal Firearms Licensees may remain open!

Governor Hogan's latest order (dated March 30, 2020) states:

This Order controls the occupancy and use of all businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (currently described at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19) (collectively, “Non-Essential Businesses”).

That cross reference to the DHS website is controlling as to the scope of the Governor's definition of "non-essential businesses."  Stated differently, the order expressly does NOT apply to businesses that are part of the "critical infrastructure sectors," as defined by DHS.  That cross reference thus requires reference to the DHS site in order to determine what is a "critical infrastructure" business. 

At that DHS website is the Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0 (March 28, 2020), available at https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_Infrastructure_Workforce_Version_2.0_Updated.pdf.  That document sets out the "identified essential critical infrastructure workers," which includes:  "Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges."  Those businesses may remain open, including "firearm or ammunition . . . retailers" and "shooting ranges." 

We endorse the Governor's recommendations for safe practices while at these facilities.  See https://coronavirus.maryland.gov/.  If you have any questions on the scope of the Governor's orders, you should consult your lawyer.  The Governor's orders have the force of law and a violation of the orders is a criminal misdemeanor.  See MD Code, Public Safety, § 14-114.

Link to Governor Hogan's Fourth Executive Order

Link to the latest guidance from the Department of Homeland Security

Maryland Shall Issue has joined the AGC!

As of March 19th, 2020, the AGC is currently closed due to Governor Hogan's Executive Orders in efforts to mitigate COVID-19. You can find those orders here: https://governor.maryland.gov/wp-content/uploads/2020/03/Amending-Gatherings.pdf

 


MSI is now an AGC club!


Maryland Shall Issue, inc. is proud to announce that it has formally joined the Associated Gun Clubs of Baltimore (AGC) as an Associated Club. Therefore, anyone who is a current member of MSI in good standing is eligible to purchase an AGC range badge upon completion of a range safety orientation. This is an important benefit for members as the AGC range is one of the finest shooting facilities on the East Coast. 

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Contact Info

Headquarters:

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

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