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Maryland Shall Issue v Hogan - Is a state ban an uncompensated taking?


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#1 Euler

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Posted 28 March 2021 - 12:56 AM

Docket

...
On April 24, 2018, Maryland Governor Larry Hogan signed Senate Bill 707 ("SB-707") into law. ... SB-707 bans a "bump stock, trigger crank, hellfire trigger, binary trigger system, burst trigger system, or a copy or a similar device, regardless of the producer or manufacturer." ... In addition to these specific devices, SB-707 has a catch-all provision that bans any "rapid fire trigger activator," which is defined to mean "any device" that, when installed in or attached to a firearm, "increases" the "rate at which a trigger is activated" "or" "the rate of fire increases."
...
Petitioners filed suit in federal district court alleging that the bans imposed by SB-707 constituted a "taking" under the federal Takings Clause and the Maryland Takings Clause and Due Process Clause. ... The district court ruled that SB-707 did not effect a taking because "SB-707 involves neither a confiscation of rapid fire trigger activators by the State of Maryland, nor a mandate for Plaintiffs to cede title to or possession of them to the State." ...

Over a scholarly dissent by Judge Richardson, the Fourth Circuit affirmed. ...


MD's response is due March 29.

Even though the items in question are firearm parts and accessories, this is really a 5A case.

Edited by Euler, 28 March 2021 - 12:57 AM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#2 Euler

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Posted 29 March 2021 - 11:14 AM

...
MD's response is due March 29.
...


MD made the (extended) deadline. I haven't read it.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#3 Euler

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Posted 03 May 2021 - 10:08 AM

Petition denied.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#4 cybermgk

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Posted 03 May 2021 - 10:26 AM

IMHO it should have been tested on general Constitutionality do to vagueness to the point is unenforceable. 


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