US Supreme Court Orders Response from MD Attorney General Brian Frosh in "Assault Weapon" Ban Challenge

On January 14, the Supreme Court ordered the Maryland Attorney General to file a response to the petition for certiorari filed by plaintiffs in Bianchi v. Frosh, No. 21-901. In that case, plaintiffs are challenging Maryland's "assault weapon" ban as unconstitutional.

Bianchi docket as of 011522

That order means, at the minimum, that at least one Justice on the Court wants a response. It also likely means that the Court will hold this petition pending a decision in NYSRPA v. Bruen, No. 20-843, in which the Supreme Court is considering the constitutionality of New York's "good cause" requirement for carry permits. Holding Bianchi would be consistent with the hold that the Court has apparently placed on the petition filed in the New Jersey "large-capacity magazine" case, ANJRPC v. Bruck, No. 20-1507. The petition in that case has been pending in the Supreme Court since April of 2021. All of this is good news. A decision in Bruen this Spring may mean that the Court will thereafter vacate the lower court decisions in both Bianchi and ANJRPC and remand for further consideration in light of Bruen. At least, we hope that is the outcome.

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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.

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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