Now only ghosts will have guns.
Posted on 06/03/2021 8:14:56 AM PDT by 11th_VA
Montgomery County is being sued in County Circuit Court over its recently-passed ghost gun law. Bill 4-21, passed by the Montgomery County Council on April 6, restricts the possession, use, sale, and transfer of ghost guns, undetectable guns, and certain other firearms within 100 yards of places of public assembly; restricts the possession, use, sale, and transfer of ghost guns, undetectable guns, and certain other firearms with respect to minors;...
Maryland Shall Issue, Inc., a leading 2nd Amendment rights organization in the state, gun retailers, and several Montgomery County residents are plaintiffs in the suit. They seek to overturn the law, and to be compensated for damages and legal fees.
The new law's provision on software designs for ghost guns violates the 1st Amendment of the U.S. Constitution, the suit alleges. A recent 9th U.S. Circuit Court of Appeals decision, said the 1st Amendment protects such computer code. New restrictions on possession and business transactions, as well as the overall "vague language" of the law, violate the Maryland Takings Clause (Article III § 40) and the Due Process Clause (Article 24) of the Maryland Declaration of Rights
Engage Armament, a gun retailer in Rockville, is one of the plaintiffs in the case...
The lawsuit being filed also alleges the new ghost gun law violates the Maryland Express Powers Act, noting that Montgomery County cannot pass laws in conflict with existing state law. Montgomery County is attempting to redefine public gathering places as any ordinary private property that has current or future potential as a public gathering space, the suit alleges. Maryland law regarding the transfer of firearms preempts new restrictions being passed by local governments, it further notes. The suit is Maryland Shall Issue, Inc., et al vs. Montgomery County, Maryland.
(Excerpt) Read more at rockvillenights.com ...
MSI is a great organization operating very much behind enemy lines. Maryland’s preemption should make this one a slam dunk, but the gun-hating judges in that state will probably seek out any possible way they can make the new restrictions stick.
Ditto - can’t wait to see how the Judge spins this one ...
Interesting because this is my former water hole.....I no longer live there.
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