马里兰州禁止格洛克手枪:针对的是枪支,而非罪犯
Maryland's Glock Ban Aims At The Gun, Not The Criminal

原始链接: https://www.zerohedge.com/political/marylands-glock-ban-aims-gun-not-criminal

马里兰州州长韦斯·摩尔(Wes Moore)已签署SB 334法案,正式禁止从2027年1月1日起销售特定类型的半自动手枪(主要是格洛克式手枪)。支持该法案的州议员和执法部门认为,这一措施是应对非法“格洛克转换开关”(Glock switches)激增的必要公共安全举措,因为这种装置能将此类枪支改装为全自动武器。 包括全美射击运动基金会(National Shooting Sports Foundation)和“马里兰州应当发布”(Maryland Shall Issue)组织在内的批评者谴责该法案违宪。他们认为,由于“格洛克转换开关”本身已属违法,该法案限制民众获取“普通使用”的流行枪支,是对守法公民的不公惩罚。反对者主张,州政府应专注于起诉犯罪分子,而非侵犯第二修正案赋予的权利;多个组织已表示计划通过法律途径对该法案提出挑战。 尽管新法案包含针对执法人员、家庭转让及遗产继承的豁免条款,但它也预示着一场重大的法律斗争即将展开,焦点在于州政府是否有权通过禁止广泛使用的枪支类别来应对犯罪活动。

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原文

Authored by David Manney via PJ Media,

Maryland Gov. Wes Moore signed SB 334 into law Tuesday, putting the state on a collision course with gun owners, firearm dealers, and 2nd Amendment groups.

The law targets "machine gun convertible pistols," mainly Glock-style semiauto handguns that use a cruciform trigger bar. Maryland lawmakers argue criminals can convert those firearms into fully auto with illegal devices called Glock switches.

The question remains: Why is Maryland banning future sales of common handguns because criminals already break the law with illegal conversion devices?

SB 334 bars manufacturing, selling, offering for sale, purchasing, receiving, or transferring covered pistols after January 1, 2027. Current owners won't have to surrender their firearms, and like hell they should. Active and retired law enforcement officers receive exemptions, and the law also allows immediate family transfers, inheritances, and certain gunsmith repairs.

State Sen. Sara Love (D-Montgomery County) sponsored SB 334. Del. Nicole Williams (D-Prince George's County) sponsored HB 557, the companion bill in the House of Delegates. The Senate passed SB 334 by a 28-16 vote on March 19. The House passed it 91-40 on April 9 before Moore approved the bill as Chapter 771.

Supporters frame the law as a public safety measure. Baltimore Mayor Brandon Scott, Maryland Attorney General Anthony Brown, and other officials have also pursued Glock through litigation, arguing Glock pistols can be converted too easily with auto sears.

Police officials have warned about converted weapons appearing in crimes and threatening officers. A fully automatic weapon in criminal hands can turn a street dispute into a massacre in seconds.

Yet the constitutional problem remains. Glock switches are already illegal under federal law and Maryland law. The new law burdens future lawful buyers because criminals misuse illegal parts. The National Shooting Sports Foundation, the firearm industry trade association, warned the measure would prohibit an entire class of lawfully made and lawfully sold handguns. The NRA also prepared a legal challenge after Moore approved the law. From the NSSF:

"To borrow on a line from James Carville, whom Democrats revere, 'it's the criminal, stupid,'" said Lawrence G. Keane, NSSF's Senior Vice President & General Counsel. "These bills, and similar laws passed in other states, punish law-abiding citizens by infringing on their Second Amendment rights to legally obtain the firearms they choose to protect themselves and their families against criminals who, by definition, have no respect for life or law. Instead of enforcing the law and holding these criminals accountable, Maryland's lawmakers pander to gun control donors and antigun special interests to ban an entire class of firearms, which the U.S. Supreme Court's Heller decision clearly holds violates the U.S. Constitution. Should Governor Moore sign these bills into law, NSSF intends to have Maryland's Attorney General Anthony Brown explain in court why Maryland willfully violates the rights of her citizens and ignores its responsibility to hold criminals accountable."

Mark Pennak, president of Maryland Shall Issue, has called the bill unconstitutional and signaled a lawsuit. Maryland House Republicans also urged Moore to veto the bill, arguing the law bans the most popular handgun in the state because of conduct already forbidden by law.

The United States Supreme Court has said the 2nd Amendment protects weapons "in common use" for lawful purposes, and New York State Rifle & Pistol Association v. Bruen requires modern gun laws to fit the nation's historical tradition of firearm regulation.

Maryland didn't solve the Glock switch problem by signing SB 334; it shifted pressure from criminals with illegal conversion devices to lawful buyers who want ordinary self-defense handguns.

Courts will decide whether the state can make that leap. Until then, Moore has given Maryland a gun law with a messy constitutional foundation and a lawsuit almost certain to follow.

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