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Maryland GA approves rapid fire trigger BAN

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Posted on April 26 2018

 

Maryland General Assembly

passes SB707 rapid fire trigger ban

 

Bump Stocks previously discussed in this blog entry, here 

Maryland FSA & Fourth Circuit Court of Appeals, here 

 

 🇺🇸 S.B. 707 🇺🇸

 

Governor Hogan signs into law April 24, 2018

 

 Criminal Law – Firearm Crimes – Rapid Fire Trigger Activator

 

 

🚨SB 707 Summary🚨

Here’s the subtext there’s always a fight for “State Rights” v Federalism.  And Trump along with the GOP scream State’s Rights, let the States decide but then Congress does something dumb like infringe on State’s Rights via the Concealed Carry Reciprocity Act of 2017, see bill here.

This bill prohibits a person from:
  • (1) transporting a “rapid fire trigger activator” into the State or
  • (2) manufacturing, possessing, selling, offering to sell, transferring, purchasing, or receiving a rapid fire trigger activator.

 

“Violators are subject to an existing misdemeanor penalty of a maximum of three years imprisonment and/or a fine of $5,000... prohibits a person from using a rapid fire trigger activator in the commission of a felony or a crime of violence.....subject to the existing more stringent penalties that apply to the use of an assault weapon or a magazine with a capacity of more than 10 rounds of ammunition in the commission of a felony or crime of violence.”

 

🚨And concludes with the following passage, clearly a sign that the State of Maryland believes the ATF will enact a BumpStock Ban.

  

The bill allows a person to continue to possess a rapid fire trigger activator until October 1, 2019 if, among other things, the person applies for authorization from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The requirement that a person must have received authorization from ATF in order to be able to continue to possess a rapid fire trigger activator takes effect October 1, 2019.”

 

  

Rapid Fire Trigger Activator is defined as:

  • any device, including a removable manual or power-driven activating device, constructed so that, when installed in or attached to a firearm,

 

    • (1) the rate at which the trigger is activated increases orM(2) the rate of fire increases.
    • Rapid fire trigger activator” includes 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.
    • “Rapid fire trigger activator” does not include a semiautomatic replacement trigger that improves the performance and functionality over the stock trigger.

 

 

 

What -might- be overlooked is the additional language AND clarification on ammunition:

 

...person who uses an assault pistol or a magazine that has a capacity of more than 10 rounds of ammunition in the commission of a felony or a crime of violence is guilty of a misdemeanor and, in addition to any other sentence imposed for the felony or crime of violence, must be sentenced as follows:

 

  • for a first violation, a nonsuspendable, nonparolable, mandatory minimum sentence of 5 years with a maximum imprisonment of 20 years; and 

 

  • for each subsequent violation, a mandatory minimum sentence of 10 years with a maximum imprisonment of 20 years.

 

Page 4, section entitled: Background:

Bump fire stocks allow semi-automatic firearms to mimic the firing speed of fully automatic firearms and can achieve rates of fire between 400 to 800 rounds per minute.

 

 

‘Full Text of SB707 can be found,  here

 Full Bill Docket can be found, here

As previously  mentioned Governor Hogan signed this bill in to law (effective October 2019) earlier this week👇🏻

Should you be inclined you can watch the Maryland General Assembly debate this bill, via this judicial committee link, found here 

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