No Compensation For Destroyed Bump Stocks
BY Herschel Smith
5 years ago
A federal judge last week dismissed a claim from bump stock retailers who sued the government for damages they incurred after having to destroy their inventory.
The plaintiffs include two companies as well as two individuals who in all lost 74,995 bump stocks to the ban which took effect in March. The case, filed in a Washington, D.C. federal court, argued that the ban’s requirement that bump-stocks be surrendered or destroyed within 90 days, with no opportunity for registration, violated the Takings Clause of the Fifth Amendment which states that private property can’t be taken for public use without compensation.
The court didn’t see it that way.
“The law is different in this case because the government, as the sovereign, has the power to take property that is dangerous, diseased, or used in criminal activities without compensation,” said Senior Circuit Judge Loren A. Smith in his nine-page ruling. “Here, ATF acted properly within the confines of the limited federal police power.”
Smith, appointed to the federal bench in 1985 by President Ronald Reagan, said the $500,000 claim under the Tucker Act would be different “if the government confiscated a gun legally possessed by a person not committing a crime,” but argued that “machine guns,” which was how bump stocks were reclassified, are not protected by the Second Amendment.
First of all, machine guns, since they are used for military purposes, are absolutely protected by the second amendment.
Second,this is called “begging the question.” I hate it when writers misuse the term “begging the question.” It doesn’t mean that something necessarily brings up a question, as many writers assume. It is a formal logical fallacy. It’s circular reasoning, or proving the presupposition. Bump stocks were declared machine guns. Now that they have been declared machine guns, they can be regulated as such, so argues the judge. That’s like declaring your skin to be green, and for proof reverting back to my declaration.
That’s not the issue. The issue was and is whether the FedGov ever had the right to declare bump stocks to be machine guns in the first place, and then do they have the authority to take it without compensation. So much for “judges.” So much for Reagan. So much for the constitution.
The constitution, which is merely a covenant, is unimportant to these people. The FedGov can declare anything they want to be illegal, take it, and ignore appellations in court. The constitution is a dead document. The covenant has been broken. It is null and void, like when a spouse cheats.
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On October 30, 2019 at 1:37 pm, MTHead said:
I can hardly wait till some ones $60,000 dollar ’63 corvette is declared as “pollution”. Bernies coming. And he’s bringing AOC with him!
And if that piece of plastic bump stock is a machine gun. How big a stretch to your 30 rnd. magazine? Thanks Donald!
On October 30, 2019 at 1:47 pm, ExpatNJ said:
“government, as the sovereign, has the power to take property …” said Senior Circuit Judge Loren A. Smith”.
Same logic as in medicine “Take Backs”, gun “Buy Backs”, and SCOTUS Kelo v. New London decision.
Apparently, We The People own nothing, while “government, as the sovereign” owns everything, and can seize it (don’t make the mistake of calling it ‘repossession’) at will at any time, with no repercussions.
Those actions will regrettably result in repercussions.
On October 31, 2019 at 12:33 pm, Badger said:
“…limited federal police power…”
Nowadays on the Top-10 list of oxymorons.
On October 31, 2019 at 4:08 pm, Sanders said:
“The constitution is a dead document. The covenant has been broken. It is null and void, like when a spouse cheats.”
The money shot, right there. The sooner folks realize that, the sooner it can start being fixed.
On November 1, 2019 at 3:36 pm, Jimmy the Saint said:
“The constitution is a dead document. The covenant has been broken. It is null and void, like when a spouse cheats.”
As a theoretical matter, that is true; as a practical matter, it just applies one way – against the individual. So long as the courts, police, and military support the government, that will always be the case.
On November 1, 2019 at 8:36 pm, real joe biden said:
“The constitution is a dead document. The covenant has been broken. It is null and void, like when a spouse cheats.”
Nothing left but naked force.
On November 1, 2019 at 8:53 pm, Jaque said:
Get ready for zero compensation buybacks. Semiauto’s will be redefined as machine guns and there goes our arms. Ammunition equivalent to military calibers will be declared dangerous and there goes our ammunition stores. This is not an if. Its one election away. Are you prepared to resist ?
On November 2, 2019 at 2:18 am, Minimalmed said:
The mindset that we face across the wire is the one that declares the government as sovreign. In my mind, THAT’S the switch that we have to flip back to its rightful position. Last I checked, in a republic, the people are the sovereign. Thanks to Alexander and Abe for getting that ball rolling…