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So a lot of folks are going to get a bit hungry soon up there! That & I thought California was a bit off. Grumpy
Three major gun-rights organizations filed a federal lawsuit against Maryland’s new ban on Glock-pattern pistols within hours of Gov. Wes Moore signing the legislation into law.
The lawsuit — NRA v. Moore — was filed May 26 in the U.S. District Court for the District of Maryland by the National Rifle Association, the Second Amendment Foundation, and the Firearms Policy Coalition. Defendants include Gov. Moore, Maryland Attorney General Anthony Brown, and acting Maryland State Police Superintendent Michael Jackson.
The same-day filing reflects how prepared gun-rights organizations have become to challenge state-level firearms legislation as soon as it becomes law — and how clearly the Maryland bill telegraphed its constitutional vulnerabilities during the legislative process.
What Maryland’s law actually does
The legislation, SB 334, makes it unlawful in Maryland to manufacture, sell, offer for sale, purchase, receive, or transfer a “machine gun convertible pistol” beginning January 1, 2027. The law defines that category as:
“Any semiautomatic pistol with a cruciform trigger bar that can be readily converted by hand or by using common household tools into a machine gun by the installation or attachment of a pistol converter as a replacement for the slide’s backplate.”
The technical definition matters because of what it actually covers. The “cruciform trigger bar” is a standard internal component in many of the most popular handguns sold in America, including the entire Glock lineup, the Sig Sauer P320 (the U.S. military’s current standard sidearm), and several Smith & Wesson M&P variants. The cruciform shape is a design feature of these pistols, not an aftermarket modification.
Under Maryland’s new law, the legal status of these handguns turns not on what has been done to them, but on whether they could theoretically be modified using “common household tools.”
The pattern across states
The Maryland law closely tracks the convertible pistol provisions New York included in its state budget bill earlier in May. Both states use the cruciform trigger bar framework. Both target the same class of widely-owned handguns. Both make possession of standard, legally-purchased pistols a crime based on theoretical convertibility rather than actual modification.
The synchronization isn’t coincidental. State-level gun control legislation increasingly moves across multiple jurisdictions on similar timelines and with similar legal architecture, suggesting coordinated drafting and advocacy. New York and Maryland have now created what amounts to a template that other restrictive states are likely to consider.
The federal context for “Glock switches”
So-called “Glock switches” or “auto sears” — small aftermarket devices that convert semi-automatic Glock-pattern pistols to fully automatic fire — are already illegal under federal law as unregistered machine guns under the National Firearms Act. Possession is a federal felony punishable by up to 10 years in prison. Manufacturing, selling, or installing one carries the same penalties.
The federal framework already heavily criminalizes the actual conversion devices. Maryland and New York have chosen to also criminalize the host pistols on the theory that they could be converted, regardless of whether they have been or ever will be.
Gun-rights advocates have warned for years that the “Glock switch” issue would eventually be used to justify banning the underlying pistols. Maryland’s law makes that warning concrete.
The constitutional argument
The lawsuit argues that Maryland’s law violates the Second Amendment by banning common firearms protected under the Supreme Court’s Heller framework.
NRA’s Institute for Legislative Action framed the central legal argument plainly in a legal update on the lawsuit:
“In District of Columbia v. Heller, the U.S. Supreme Court held that ‘common’ firearms cannot be banned and specifically struck down a handgun ban as unconstitutional. Maryland’s prohibition on many of the most popular handguns in America blatantly defies the Court’s precedent.”
SAF Executive Director Adam Kraut characterized the law’s logic as fundamentally backwards.
“Maryland has now attempted to ban these firearms because a subset of criminals illegally modifies them, using conversion parts that are themselves illegal to possess, and then commit crimes with the modified handguns,” Kraut said in an SAF news release. “Not only is this law as foolish as banning hops and barley to prevent drunk driving, but these commonly owned arms are clearly protected by the Second Amendment, the ratification of which takes certain policy choices — including this one — off the table.”
FPC President Brandon Combs used sharper language.
“Maryland’s politicians just declared war on an entire class of constitutionally protected handguns and the peaceable people who want to own them,” Combs said in an FPC news release. “This ban is immoral, unconstitutional, and tyrannical. FPC and our Grassroots Army are going to force Maryland to respect the Second Amendment, full stop.”
The 4th Circuit problem (again)
The Maryland Glock ban lawsuit faces the same procedural reality as the SAF coalition’s Virginia assault weapons lawsuit: it will be litigated in the U.S. Fourth Circuit Court of Appeals, which has been the most hostile federal circuit to gun-rights challenges in the post-Bruen era.
The Fourth Circuit upheld Maryland’s existing assault weapons ban in Bianchi v. Brown (August 2024). The Supreme Court denied certiorari in the renamed Snope v. Brown case in June 2025, leaving the Fourth Circuit’s reasoning intact as binding precedent. The same court that upheld Maryland banning one category of firearms will now be asked to strike down Maryland banning another.
Gun-rights advocates have a stronger handgun-specific argument here than in the assault weapons context. Heller explicitly addressed handgun bans and explicitly struck one down. The Maryland Glock ban is much more directly analogous to the D.C. handgun ban Heller invalidated than the Maryland assault weapons ban was to anything the Supreme Court has previously addressed.
That distinction may or may not matter in the Fourth Circuit. It almost certainly will matter if the case reaches the Supreme Court.
What’s next
The law takes effect January 1, 2027, giving the plaintiffs roughly seven months to obtain preliminary injunctive relief before enforcement begins. Preliminary injunction motions typically follow within weeks of complaint filing — meaning the first significant court rulings on the Maryland Glock ban are likely before fall 2026.
For Maryland gun owners, the law’s January 1, 2027 effective date means current Glock and similar pistol owners are not yet criminalized. The question is whether they will be on January 1 — which depends on whether the lawsuit produces injunctive relief in time.
The Maryland lawsuit joins a growing list of post-Bruen legal challenges that the federal court system is working through. Combined with the NSSF’s parallel lawsuit against Virginia’s gun control package, the 2nd Circuit’s vampire rule ruling, and the pending SAF cert petition on Maryland’s sensitive places framework, the courts will be deciding multiple consequential Second Amendment questions over the next 12-18 months.
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Editor’s Note: Today’s article is about Sgt. Darrell Powers, a World War II hero who served with the 101st Airborne Division. Nicknamed “Shifty”, Powers saw action in the American airborne landings in Normandy, Operation Market Garden and the Battle of the Bulge. Powers was more than “just” a soldier — he was also a gun guy. Ayoob shares the full story here.
Stephen Ambrose’s 1992 book “Band of Brothers” was said to have done as much as Tom Hanks’ 1998 movie “Saving Private Ryan” to remind later American generations of the heroism of our servicemen’s sacrifices for freedom in World War II.
The book was based on the recollections of individual paratroopers of the 101st Airborne Division of the U.S. Army, known as the “Screaming Eagles,” and particularly Easy Company. Tom Hanks and Steven Spielberg made it into a compelling HBO TV series that debuted in 2001. America felt it got to know those brave soldiers.
One of them was Sergeant Darrell “Shifty” Powers. His nickname didn’t carry the word’s usual meaning: he earned it in high school for his fast moves on the basketball court. Tall and athletic, he was also one of us: a “gun guy.” He was a hunter, a marksman and, in later life, an outspoken Second Amendment advocate and a daily concealed carrier for whom shooting was a beloved hobby until his passing at age 86.
A Hunter’s Eye
Powers was born and grew up in the hollows of rural Virginia, spending as much time as he could hunting on a mountain on his family’s property. He shot his first squirrel when he was a little boy. His father taught him to be alert to his surroundings in all ways: a subtle sound, an unexpected silence, and more. It was a skill that would save his life and other lives in combat.
In “Band of Brothers” Ambrose wrote of the day, December 29, 1944, when Easy Company was fighting its way out of the Battle of the Bulge, and Shifty noticed a distant tree that hadn’t been there the day before. Based on his observation, the Americans recognized a newly installed and camouflaged German artillery battery and called in American artillery on it, eliminating the threat.
The Guns of Shifty Powers
In his authorized biography by Marcus Brotherton, “Shifty’s War”, Powers mentioned that as a paratrooper he was issued a 1911 .45 auto with a shoulder holster and wore ten eight-round en-bloc clips of .30-06 on his belt to feed his M1 Garand. Shifty said, “Lot of guys used the carbine, you know, and some guys used Thompsons, but I always liked the M1 Garand best.”
It was a preference that remained throughout his life, even into his eighties when he was suffering macular degeneration and being treated for cancer. He told Brotherton, “Those treatments made me real weak. I liked to get out on the deck and shoot my rifle, you know. Nobody lived very close around our house, so it was okay. I couldn’t see to hit a target very well anymore, but I knew where they were. I didn’t hit them all the time, but I’d fire the gun and smell the smoke, so I’d enjoy that.”
“My M1 was my favorite rifle, but it got hard to lift, you know, and I told (my wife) Dorothy, ‘You know, that doggone rifle has gotten fatter since the war.’ Ammunition for M1’s was hard to come by, but my friends would bring me clips. I had a .22 with a scope, which helped me see the targets, so I’d shoot that every so often. Then I had a Lugar (sic) that I’d shoot, and a .22 pistol that I’d like to shoot. As a last resort I had a BB gun, and I’d take that out on the deck.”
The M1 he used in combat was not entirely stock. Shifty had filed the sear to achieve what he called a hair trigger. It was the rifle he used for his most famous shot of the war. Alas, it didn’t follow him all the way through the war. Stephen Ambrose explains in “Band of Brothers,” “Shifty Powers got a new M1. That was a mixed blessing. He had been using one issued to him in the States. He loved that old rifle. ‘It seemed like I could just point it, and it would hit what I’d pointed it at. The best shooting rifle I ever owned. But every time we’d have an inspection, I’d get gigged because it had a pit in it, in the barrel. You can’t get those pits out of those barrels, you know…’ He got tired of being gigged, turned it in and got a new M1. ‘And I declare, I couldn’t hit a barn with that rifle. Awful’est shooting thing there ever was.’”
“Shifty’s Shot”
That famous shot happened in January of 1945. Fighting their way out of the Battle of the Bulge, Shifty’s unit found themselves in the strategically placed town of Foy in Belgium. (Factoid: while Yanks pronounce that town’s name like it sounds, rhyming with “toy,” those who live there reportedly pronounce it “Fwah.”)
A fellow member of the Band of Brothers, Carwood Lipton, told the story this way: “One of the men in the 3rd platoon of E Company, 506th had excellent eyesight, and he was also an outstanding marksman with a rifle. He was Darrell C. ‘Shifty’ Powers, a tall part-Indian, from Clinchco, Virginia.”
“Shifty’s marksmanship paid off for us on January 13 when E company received orders to attack and clear the town of Foy. We moved around to the south of the town and attacked to the north into it. The Germans defended it strongly, and we had a number of men hit. At one point, several of us, including Shifty, Popeye Wynn (Shifty’s closest buddy), Bob Mann, R.B. Smith, and I were pinned down by a sniper that we just couldn’t locate. R. B. Smith caught a bullet in the leg. Then Shifty yelled, ‘I see ‘im.’ And there was a rifle shot. We weren’t pinned down any more so we continued the attack.”
“When things had cleared up later that day I went back to see where that sniper had been. When I found him, Popeye had already found him. We stood there looking down at the dead German and at the bullet hole centered in the middle of his forehead. Popeye looked over at me and said, ‘You know, it just doesn’t pay to be shootin’ at Shifty when he’s got a rifle.’”
The buildings the German and Shifty each fired from still stand. One researcher later determined the distance to be 66 meters.
Powers’ own memory of shooting a sniper in Foy differs somewhat. From the “Shifty’s War” book:
“More shots rang out. I glanced up then down again. The other man along the side of the building froze. The sniper kept firing. Our other guy didn’t stand a chance unless we could get that sniper. I ducked up again to get a bead on where the sniper fired from. He was about sixty feet away, shooting from around the corner of a brick building. I ducked down again and propped my M1 up on the window ledge. Seven rounds were left in my clip. I didn’t have time to properly aim. I fired from instinct, seeing in my mind the corner of that building where I guessed the German’s head to be. Blam. Blam. Blam. Blam. The dust flew off the brick at the corner of the building. I fired all seven rounds. No sound came from where the German sniper was. Our man found his feet again and checked the other man on the ground. The first man was dead. But the other was just fine. ‘Okay,’ I said with a nod. I thought maybe I saved that man’s life. It felt good.”
In the heat of infantry combat, when a soldier fires at an enemy and sees him go down, he will often never know whether his target was killed, wounded, or merely ducked. In his later years, writes Brotherton, “Shifty told his son-in-law, Seldon Johnson, that he had killed the specific number of eight men during the war. The specific line Seldon remembers was, ‘I know I killed eight men. It could have been more, but I don’t know for sure. People think they know what killing’s like, but they don’t.’”
Ironic Injury
Powers’ keen observation skills and superb marksmanship helped to make him one of the few men in the unit to get from D-Day almost all the way through the campaign without sustaining a single wound. The day came when he won a lottery to be sent home, and missing his family greatly, he used his prize.
He was in a truck taking him and other soldiers back from the front lines when a drunk driver crashed into the vehicle, killing one trooper and sidelining Shifty with a smashed pelvis and other severe injuries that left him hospitalized for almost a year.
A Vet of the Greatest Generation on 2A
Like many WWII vets, Darrell Powers returned home a staunch advocate of the right to keep and bear arms. While stationed in England prior to the D-Day invasion he had been horrified to see Brits drilling with picks and shovels to fight heavily armed German infantry should they invade, because so few of them privately owned firearms. (Indeed, Americans donated many of their personal guns for use by the British home guard.)
Says his biographer Marcus Brotherton, “Shifty recounted orally on several occasions his memory of seeing the people in Aldbourne practice defending themselves with only garden implements. During some of his public talks after the war, he made a strong case for maintaining the legality of privatized gun ownership in the United States. This issue was about the only time he ever made a public political statement. Shifty believed that citizens had a right to own guns to defend themselves … .”
The battle-hardened vet practiced what he preached when he came home, not only keeping but bearing arms. Shifty told Brotherton that he always carried a .25 auto on his ankle, just in case.
Cancer did what the Nazis could not and took Sergeant Darrell Powers in 2009 at the age of 86. Like so many of The Greatest Generation, this American hero left a legacy of the value of skill at arms and the importance of fighting for freedom.
This from the man whose greatest enemy in the Green Machine was the words “weight control”! Grumpy