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Old September 22nd, 2018, 12:20 AM #221
CZ TAIJI CZ TAIJI is offline
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Md. legislators are Idiots of a high order

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Originally Posted by DC-W View Post



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[s]" 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/mar...#axzz5RMP3ZFnR

The Truth About Guns: https://www.thetruthaboutguns.com/20...at-you-can-do/

The Daily Record (Requires Subscription): https://thedailyrecord.com/2018/09/1...urt-challenge/

I HATE HOW THIS STATE AND THEIR BS TERRORCRATS OPERATE THEY SHOULD BE EXPELLED FROM u.s. soil imho
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Old September 22nd, 2018, 01:31 AM #222
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I'll start to care when teams of suicidal oath breaking jack boot thugs start invading people homes and inspecting our property. My message to all gun grabbers will remain the same:
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Old September 22nd, 2018, 09:24 AM #223
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Ok gents--the wife and I printed off and signed our letters. If I e-mail them--is there some kind of legal difference if I only take a photo of the signed documents and send as attachments or do I need to scan the document and send as an attachment?
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Old September 22nd, 2018, 09:54 AM #224
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I have a question, and maybe I'm just not informed enough. But, if NOBODY really knows what this law means, then how can anyone enforce it? Just looking for a little clarity. Thanks for any info!
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Old September 22nd, 2018, 10:03 AM #225
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Sent mine certified mail on Monday 9/17 and it was to be delivered by Wednesday 9/19. As of this morning, the USPS tracking system says

"Your item arrived at the WASHINGTON, DC 20226 post office at 11:05 am on September 21, 2018 and is ready for pickup."
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Old September 22nd, 2018, 10:17 AM #226
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I will, in compliance with the law, have my triggers fingers removed and sent out of state. Since by the letter of the law, Frosh and his crew could construe them as being a "devise" that could increase the rate of fire.......Chris
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Old September 22nd, 2018, 10:28 AM #227
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Quote:
Originally Posted by Fonzy View Post
I have a question, and maybe I'm just not informed enough. But, if NOBODY really knows what this law means, then how can anyone enforce it? Just looking for a little clarity. Thanks for any info!
Over zealously, that's how.

Would not be the first time a citizen met the triple witching bad luck of an off the wall LEO, hellbent prosecutor and insane judge.

Do what you can to reduce risk. Its like driving on the right side of the road, wearing your seat belt and both eyes open. Risk reduction = improved safety.
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Thus, the only inquiry that this Court should conduct is to determine whether the firearms prohibited by the Act are protected by the Second Amendment. Because they are, the Act is simply unconstitutional.
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Old September 22nd, 2018, 01:17 PM #228
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Quote:
Originally Posted by MEGARMS View Post
Sent mine certified mail on Monday 9/17 and it was to be delivered by Wednesday 9/19. As of this morning, the USPS tracking system says

"Your item arrived at the WASHINGTON, DC 20226 post office at 11:05 am on September 21, 2018 and is ready for pickup."
Mine sent same day...still waiting for it to be delivered.
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Old September 22nd, 2018, 06:27 PM #229
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Mine sent same day...still waiting for it to be delivered.
Tracker now states number is invalid. Can’t believe this CF!
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Old September 22nd, 2018, 07:01 PM #230
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Quote:
Originally Posted by River02 View Post
Ok gents--the wife and I printed off and signed our letters. If I e-mail them--is there some kind of legal difference if I only take a photo of the signed documents and send as attachments or do I need to scan the document and send as an attachment?
I emailed mine and scanned and sent the letter as an attachment. As a bonus, the ATF responded back to my email so I have a record of mine being sent, stating specifically what the attachment was for, and a record of their reply.

From what I am hearing about the CF's with zip codes, I would definitely email.
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