Two former retailers of now-banned bump stock devices are suing the federal government for damages they incurred immediately after possessing to destroy their inventory.
The plaintiffs incorporate two corporations, Minnesota’s Modern day Sportsman and Texas-primarily based RW Arms, as effectively as two folks, Mark Maxwell and Michael Stewart, who in all lost 74,995 bump stocks to the ban which took impact late final month. The case, filed in a Washington, D.C. federal court, argues that the ban’s requirement that bump-stocks be surrendered or destroyed inside a 90-day period, with no chance for registration, violated the Takings Clause of the Fifth Amendment which states that private home cannot be taken for public use devoid of compensation.
The rule transform, retroactively reclassifying legally-sold bump stocks as illegal machine guns, became productive on March 26. Soon after that date, these possessing a bump stock could face federal weapons charges that carry up to 10 years in prison and $250,000 in fines for every single violation. In between 2008 and 2017, the Bureau of Alcohol, Tobacco, Firearms and Explosives had issued many classification choices concluding that specific bump-stock-form devices have been not machine guns.
“Without legislation, the government was capable to overturn the prior ruling on bump stocks proficiently turning law-abiding gun owners into felons overnight if they have been not turned in or destroyed,” mentioned Stewart of RW Arms. Stewarts’s Fort Worth-primarily based business final month turned more than a lot more than 73,000 stocks to be shredded below the supervision of federal agents.
The lawsuit seeks an order recognizing that the stocks lost devoid of just compensation violated the Constitution, leaving the government on the hook for the home along with the expenses of suit, which includes attorneys’ charges and interest. An answer is due from the Division of Justice by April 11.
In early 2018, federal regulators believed there could be upwards of 520,000 stocks in circulation. Maxwell believes there could be more than a million such stocks in the nation.