Case Information: Maryland Shall Issue Inc. v. Hogan (D. Md. amicus brief filed July 27, 2018).
At Issue: On October 1, 2017, a gunman armed with AR-15 assault rifles modified with “bump stocks” unleashed a torrent of gunfire on a crowd of concert-goers in Las Vegas, Nevada, killing 58 people, hitting 422 with gunshots, and injuring a total of 851 people. This horrifying event, the deadliest mass shooting in modern American history, was enabled by the shooter’s use of bump stocks to evade federal restrictions on automatic weapons. After the federal government failed to act quickly to close the loophole, Maryland enacted a law prohibiting the possession and sale of bump stocks and other rapid fire trigger activators within the state. After the governor signed the lifesaving legislation, plaintiffs filed this lawsuit arguing that Maryland’s bump stock ban constitutes a government “taking” of their property in violation of the Takings Clause of the Constitution.
Giffords Law Center’s Brief: Our amicus brief argues that plaintiffs’ unsupported argument is foreclosed by Supreme Court precedent demonstrating that governments may use their police powers to restrict the possession and use of dangerous products without violating the Takings Clause. By regulating trigger activators, Maryland has not engaged in an unlawful “taking,” but has simply closed a loophole which allowed for a contravention of legitimate restrictions on automatic firearms, which are historically longstanding and have been repeatedly upheld as constitutional. Therefore, Maryland’s exercise of its police power in restricting the possession and use of trigger activators does not implicate the Takings Clause at all.