BUMP STOCK SUIT FILED!

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  • PowPow

    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    This is ridiculous. 3 days and it's still not in DC!

    September 20, 2018
    In Transit to Next Facility
    Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility.

    September 19, 2018, 5:54 pm
    Departed USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 11:18 pm
    Arrived at USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 3:10 pm
    USPS in possession of item
     

    smokedog

    Ultimate Member
    Sep 10, 2009
    4,810
    Frederick Md
    This is ridiculous. 3 days and it's still not in DC!

    September 20, 2018
    In Transit to Next Facility
    Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility.

    September 19, 2018, 5:54 pm
    Departed USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 11:18 pm
    Arrived at USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 3:10 pm
    USPS in possession of item

    Looks just like mine when I just checked on it.
    Should have used amazon :lol2:
     

    Hawkeye

    The Leatherstocking
    Jan 29, 2009
    3,971
    at this address, probably 0.1%. NFA goes to Atlanta.

    Only if you're submitting a Form 1 / Form 4 etc. It goes to Atlanta for processing of the payment by Bank of America. If you're writing to the NFA branch about other stuff it goes straight to Martinsburg WV.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,725
    Bowie, MD
    My letter was due to be delivered by 8pm last night. This morning USPS tracking says: Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility.

    Still not delivered. Mailed 9/17 at 10:06 am. Where’s the Pony Express when ya need it.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,187
    Davidsonville
    I would like to think the date of "Applying to the ATF" would be your post mark??
    My Amazon orders are said to be a week out but show up well before that. My Pony Express girl has not been by, horses are excellent swimmers but much slower!!

    My Certified letter sat at the Baltimore Distribution center for 43 hours! and in transit to next facility for 39 hours.
     
    Last edited:

    Mr. Ed

    This IS my Happy Face
    MDS Supporter
    Jun 8, 2009
    7,899
    Edgewater
    Same here...
     

    Attachments

    • Screen Shot 2018-09-21 at 9.06.29 AM.jpg
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    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍



    Today, United States District Court Judge James K. Bredar denied Maryland Shall Issue's motion for temporary relief against the State’s ban on possession of “Rapid Fire Trigger Activators” by SB 707, signed into law by the Governor on April 24, 2018. This means the law will go into effect as passed on October 1st, 2018. That's just two weeks from now. HOWEVER, while the case is pending, the judge made it clear that he believes all that’s needed to comply with the law is for the existing owner to send a letter applying for authorization to possess the "devices" covered by SB 707 to the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) by 10/01/2018. That is the "grandfather" clause contained in SB 707 and that was the clause that the judge seized upon in holding that MSI had failed to show the "irreparable injury" necessary for preliminary relief. As he said at the hearing, all you have to do is "apply" to the ATF by October 1 for "authorization to possess" the "device" in order to avoid prosecution for a year. And to the judge, it simply did not matter that the ATF has refused to receive or process any such request for "authorization" because the statute merely required the owner to "apply," not for the ATF to actually accept the application.

    But, here is the rub: The law is so vague that no one knows what it covers. Every gun owner in the state may possess "Rapid Fire Trigger Activator(s), and not even know it. Such "device" includes binary trigger systems, bump stocks, burst trigger systems, a Hellfire Trigger, a trigger crank, or a burst trigger system and copies thereof. But the banned items ALSO includes any "device, including a removable manual or power-driven activating device, constructed so that, when installed in or attached to a firearm: (I) the rate at which the trigger is activated increases; or (II) the rate of fire increases.” Yet, virtually anything you do to your firearm may "increase" the "rate of fire" by some minute amount, including cleaning it. There is no definition for a "device" and the statute includes ALL firearms, not merely semi-automatics. At the hearing, Judge Bredar remarked on the extreme vagueness of the State’s law as he demonstrated how GUN OIL being used to lubricate A BOLT-ACTION RIFLE to "increase" the "rate of fire" of the rifle because the action could be worked more efficiently, meaning the trigger could be manually activated faster than it could before using the GUN OIL. The judge thus warned the State that he had real problems with how vague the statute was. In short, we don't know what is covered by this language covering a "device" that increases the "rate of fire" and neither does the State, the judge or anyone else. The potential for arbitrary enforcement is quite real.

    And that is a BIG problem. A conviction for the mere possession of a SB 707 "device" (whatever it means) will result in the loss of your Second Amendment rights for life. It doesn't have to be a bump stock or the other listed devices to be covered. And even you aren't convicted, you could still be arrested and jailed for such possession by an overzealous law enforcement officer. It doesn't matter when or where you bought it or whether it is installed or whether it has ever been used. It doesn't have to be a device for a semi-automatic firearm. Mere possession in Maryland is enough. Under the judge's ruling today, the only way any gun owner in this State can protect themselves from potential arbitrary arrest and/or prosecution under this law (SB 707) is to send in the attached letter to the ATF.

    All you have to do is print off this form, fill in the blanks and send it in to the ATF at the address indicated. To be safe, the ideal way to send it is via US Mail, return receipt requested. But by all means, send it any way you can (and keep a copy). Regardless how you send it, it must be sent before OCTOBER 1, 2018. Sending this letter does NOT mean that you are identifying yourself as owning a bump stock or any specific device. It just means that you (like we) don't know what is covered by the SB 707 ban on a "device" that "increases" the "rate of fire." The letter merely repeats the language set out in grandfather clause of SB 707. And note, even if you apply for "authorization" with the ATF, the prohibition imposed on possession by SB 707 kicks back in on October 1, 2019, if "authorization" is not actually received by that time. We already know that the ATF will not actually entertain such "applications" because it has publicly announced that it would not consider them. But that does not and will not matter until October 1, 2019. In the meantime, all you have to do is "apply" under the judge's ruling.

    The case is not over by any means. All the judge did was deny preliminary relief. He did not address the merits in his ruling (other than to warn the State that they had a problem on how vague the statute was). We are encouraged by some the judge's remarks made at the hearing. Maryland Shall Issue will continue the fight but in the meantime, it is absolutely essential that you send this letter to the ATF as soon as possible. Legally, it is the only way you can protect yourself from this vague statute under the judge's ruling today. Hopefully, the case will be over by October 1, 2019 (at least in district court), so we will know more before then.

    -----

    This link goes right to the entire writeup and can be passed easily along to others. Please do so.

    tinyurl.com/sb707

    The address the application needs to be sent to is:

    The Bureau of Alcohol, Tobacco, Firearms and Explosives
    99 New York Avenue NE
    Washington, DC 20226

    This is as given from the ATF.

    If you choose to email the completed application, the address is: FIPB@atf.gov

    -----
    Media Coverage
    Ammoland: https://www.ammoland.com/2018/09/maryland-gun-owners-out-to-dry-gun-oil-ban/#axzz5RMP3ZFnR

    The Truth About Guns: https://www.thetruthaboutguns.com/2...goes-into-effect-oct-1-heres-what-you-can-do/

    The Daily Record (Requires Subscription): https://thedailyrecord.com/2018/09/14/maryland-bump-stock-ban-federal-court-challenge/



    9 days to act.
     

    cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,158
    MD
    Got my electronic delivery confirmation today. It took some time to get there. :rolleyes:
    September 21, 2018, 6:10 am
    Delivered

    WASHINGTON, DC 20226
    Your item was delivered at 6:10 am on September 21, 2018 in WASHINGTON, DC 20226.
    September 20, 2018, 10:38 am
    Available for Pickup
    WASHINGTON, DC 20226
    September 20, 2018, 9:01 am
    Arrived at Unit
    WASHINGTON, DC 20018
    September 19, 2018
    In Transit to Next Facility
    September 15, 2018, 7:24 pm
    Arrived at USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER
    September 15, 2018, 5:38 pm
    Departed Post Office
    September 15, 2018, 11:40 am
    USPS in possession of item
     

    cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,158
    MD
    We are requesting BATF&E authorization because that is what the judge ruled is all that is necessary to be compliant with the new law after 10/1/18 until 10/1/19. That was his justification for not granting an injunction.

    Hopefully, when this case goes to court, that court's judge will also note the vagueness of this law and have it struck down.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    They've now updated September 20 to September 21.
    September 21, 2018
    In Transit to Next Facility
    Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility.

    September 19, 2018, 5:54 pm
    Departed USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 11:18 pm
    Arrived at USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 3:10 pm
    USPS in possession of item
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    They've now updated September 21 to September 22. WTF already!?!?!
    September 22, 2018
    In Transit to Next Facility
    Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility.

    September 19, 2018, 5:54 pm
    Departed USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 11:18 pm
    Arrived at USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 3:10 pm
    USPS in possession of item
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    Woohoo! It got to the zip code.
    September 23, 2018, 10:54 am
    Available for Pickup
    WASHINGTON, DC 20226
    Your item arrived at the WASHINGTON, DC 20226 post office at 10:54 am on September 23, 2018 and is ready for pickup.

    September 23, 2018, 9:59 am
    Arrived at Hub
    WASHINGTON, DC 20018

    September 22, 2018
    In Transit to Next Facility
    September 19, 2018, 5:54 pm
    Departed USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 11:18 pm
    Arrived at USPS Regional Facility
    BALTIMORE MD DISTRIBUTION CENTER

    September 17, 2018, 3:10 pm
    USPS in possession of item
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,230
    Montgomery County
    To recap: I used priority mail postage printed from USPS web site that forced the incorrect zip code. Two days later, tracking showed it as undeliverable. Several more days and no change in status. Just this morning, got an alert that it was ready for pickup at the PO at the correct BATFE zip code. Meaning, some human being at USPS took a minute to look it over and got it where it needed to go.
     

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