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MARYLAND SHALL ISSUE, INC. v. HOGAN

No. 18-2474.

963 F.3d 356 (2020)

MARYLAND SHALL ISSUE, INCORPORATED; Paul Mark Brockman; Robert Brunger; Caroline Brunger; David Orlin, all of the above individually named plaintiffs on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Lawrence HOGAN, in his capacity of Governor of Maryland, Defendant-Appellee. Giffords Law Center To Prevent Gun Violence, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 29, 2020.

Attorney(s) appearing for the Case

ARGUED: Mark William Pennak , MARYLAND SHALL ISSUE, INC., Annapolis, Maryland, for Appellants. Adam Dean Snyder , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee. ON BRIEF: Cary J. Hansel , Erienne A. Sutherell , HANSEL LAW, P.C., Baltimore, Maryland, for Appellants. Brian E. Frosh , Attorney General, Jennifer L. Katz , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee. Scott A. Edelman , Los Angeles, California, Kathryn Cherry , Dallas, Texas, Vivek R. Gopalan , GIBSON, DUNN & CRUTCHER, San Francisco, California; Hannah Shearer , San Francisco, California. J. Adam Skaggs , GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE, New York, New York, for Amicus Curiae.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Floyd joined. Judge Richardson wrote an opinion concurring in the judgment in part and dissenting in part.

On its own behalf and on behalf of its members, Maryland Shall Issue, Inc. ("MSI") challenges a Maryland statute banning "rapid fire trigger activators" — devices that, when attached to a firearm, increase its rate of fire or trigger activation. MSI argues the statute violates the Takings Clause of the United States...

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