MSI Goes to the Supreme Court

Inside the United States Supreme Court copy

    On December 21st, 2020, Maryland Shall Issue, Inc., filed a Petition for Writ of Certiorari before the Supreme Court of United States in Maryland Shall Issue, Inc et al. v Hogan. Read the petition HERE.

Update 12/29/2020: The Supreme Court has docketed the case. https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public/20-855.html

    This is our challenge to Maryland's  2018's Senate Bill 707, which criminalizes the mere possession of so-called "rapid-fire trigger activators."  This legislation forced existing lawful owners of the affected devices who purchased these devices long before SB 707 became law to dispossess themselves of this lawfully acquired and lawfully owned property without any sort of compensation. MSI's suit challenged this lack of compensation under the Takings Clause of the Fifth Amendment of the Bill of Rights and under the Maryland Constitution. The Federal district court and Court of Appeals for the Fourth Circuit held that this forced dispossession of lawfully acquired private property was not a "Taking" because SB 707 did not require that the items be turned over to the government or third parties.  That's just wrong.  Indeed, the Fourth Circuit's holding is not limited to these devices but is equally applicable to all types of personal property and would thus allow the General Assembly to pass a law ordering the dispossession of any lawfully owned private personal property, all without paying just compensation. The potential for abuse is endless. And we all know from sad experience that if power can be abused, it will be, sooner or later. 

    It will be months before we know whether the case will be heard by the Court.  The State's response is due 30 days from docketing, but the State is likely to seek an extension (they usually do).  We will have an opportunity to file a reply brief to any opposition the State may file.  This case is just one of several in which we are involved defending your rights. Your support makes this litigation possible.  For example, the printing costs alone for just this petition for certiorari were in the thousands of dollars. If certiorari is granted by the Supreme Court, those printing costs will likely triple for the merits briefs and appendix. MSI's President, a DOJ veteran and experienced Supreme Court litigator, donated all his time at no cost to draft this petition, but we also retained outside counsel at the beginning of this case and those costs were substantial. Those litigation costs will continue to accumulate. Litigation and advocacy are not cheap. Don't be a free riderjoin or donate to MSI.

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Testimony in Opposition to SB 113 and HB 259 - Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)

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House Bill "Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)"
Sponsored by Delegates Atterbeary and Rosenberg
Being heard in the House Judiciary Committee 2/1/2023
Testimony Signup: 1/30/2023 between 8am and 3pm

Senate Bill "Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)"
Sponsored by Senator Waldstreicher
Being heard in the Senate Judicial Proceedings Committee 2/7/2023
Testimony Signup: 2/6/2023 between 8am and 3pm

 

The Bill: This Bill defines a new offense of “public nuisance” and is designed to negate the Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901, et seq. (“PLCAA”). It provides a new duty of care on a “firearm industry member” a term that is defined by the bill to include “A PERSON ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION, IMPORTING, OR MARKETING” of any “a “firearm-related product,” a term that is defined to include all firearms and ammunition, including mere “COMPONENTS” of firearms and ammunition.

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