The Volokh Conspiracy

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SCOTUS Denies Cert in Maryland Shall Issue v. Hogan

This case brought a takings challenge to Maryland's prohibition on bump stocks


Today the Court denied cert in Maryland Shall Issue v. Hogan. Here, Maryland prohibited the possession of so-called bump stock devices. The Plaintiffs argued that this law violated the Takings Clause. The Fourth Circuit ruled against the Plaintiffs. The cert petition presented this question:

Whether the Fourth Circuit erred in ruling that this Court's holding in Horne that appropriations of personal property and real property must be treated "alike" under the Takings Clause applies only where the statute requires that the owner "turn over" the personal property to the government or a third party.

The Court denied cert, without even relisting it. There are several cases floating involving the federal prohibition on bump stocks. And these cases also present takings claims. I do not think there is much appetite for the takings argument. The federal bump stock cases may have more legs on principles of administrative law.