Court Rules No Compensation for Companies Forced to Destroy 75,000 Bump Stocks

The court ruled that, as a sovereign power, the government has the authority to take property that is “dangerous.” (Photo: Slidefire)

A federal judge ruled last week that companies forced to destroy nearly 75,000 bump stocks will receive no compensation from the government.

Two companies and two individuals had sued the federal government after the Bureau of Alcohol, Tobacco, and Firearms (ATF) issued a rule re-classifying bump stocks as “machine guns” thus forcing bump stock owners to surrender or destroy the devices. The plaintiffs argued that the ATF’s decision violated their Fifth Amendment rights and they were seeking $500,000 as compensation for their lost property.

Loren A Smith, a senior circuit judge for a federal court in Washington, D.C., dismissed the suit, arguing that because the ATF was exercising its “police powers” in its bump stock decision, the Fifth Amendment’s Taking Clause does not apply. 

“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,” Smith wrote in a nine-page ruling. “Here, ATF acted properly within the confines of the limited federal police power.”

SEE ALSO: Watch as 60,000 Bump Stocks Are Destroyed

The judge expressed sympathy for the plaintiffs and acknowledged that his ruling would have been different if legally-possessed firearms had been confiscated by persons not committing a crime. But because, according to Smith, machineguns are not protected under the Second Amendment and the Takings Clause does not apply to property “injurious to the health, morals, or safety of the community,” bump stocks can be confiscated without fair compensation.

The ATF has waffled for decades on how the federal restrictions on machinegun ownership apply to bump stocks. In 2006, the agency determined that a type of bump stock device known as the Akins Accelerator constituted a machinegun and was thus subject to the National Firearms Act and the Firearm Owners Protection Act.

In subsequent years, however, the ATF determined that similar (though not identical) devices did not meet the definition of machinegun. American gun owners purchased hundreds of thousands of these bump stock-style devices until 2018, when, following a massacre in Las Vegas, the ATF reversed course again and classified all bump-stock style devices as machineguns.

SEE ALSO: Federal Court Rejects Bump Stock Ban Injunction, Appeal Filed

Since bump stocks cannot be registered or legally owned after the rule took effect on March 26, 2019, the ATF forced bump stock owners to surrender or destroy the property the agency had previously considered legal.

The plaintiffs have not indicated whether they plan to appeal the ruling.

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About the author: Jordan Michaels has been reviewing firearm-related products for over four years and enjoying them for much longer. With family in Canada, he’s seen first hand how quickly the right to self-defense can be stripped from law-abiding citizens. He escaped that statist paradise at a young age, married a sixth-generation Texan, and currently lives in Waco. Follow him on Instagram @bornforgoodluck and email him at jordan@gunsamerica.com.

{ 70 comments… add one }
  • John Kaline November 4, 2019, 3:17 pm

    I see major flaws in the court decision regarding bump stocks. First of all, “as a sovereign power, the government has the authority to take property that is inherently “dangerous” is a fallacy. Bump stocks are an inanimate object unable to be dangerous w/o human interaction of some sort. Secondly, the judge conveniently forgets that the ultimate and true sovereignty belongs to the People who created all government and is their creature, created to serve and protect, not infringe upon the People. The court, in this case, has run roughshod over the Constitution, known as the Law of the Land. They should certainly know better, and yet, answer to no one at all. What kind of power is that called?

    • Bmar November 8, 2019, 11:27 am

      Well said my friend the rights we have enjoyed since the inception of this nation are under attack by no foreign enemy but by those that are in place to protect those very rights.sadly u so well noted there no one to hold them accountable it lives and dies with one judge likely a liberal judge who either sits or has sat on the 9th circuit. Im not the brightest person around but i believe im able to read our constitution and the framers were not beating around the bush they were very clear what im not quite understanding is why are supposedly intelligent legal scholars constantly debating the meanings and rights afforded to us .This ruling is precisely why in my view the 2nd amendment is there so the people “militia ” have a way to protect the state from overreaching federal officials.TO me it tells the people if the federal govt overreaches then stand up and defend your state and your way of life in fact it seems to say that is is nessacary and vital to do so because if unarmed the people stand no chance against tyranny. It is sad and a colossal failure with all the checks and balances that were put in place we have got to a point in this country where our very freedoms so often are decided by 1 one single individual and unfortunatley that individual us often selected to the bench he sits by a partisan president with an agenda.Im thankful to have enjoyed my life in the era i have and glad ill be gone when the ensuing generation implements some of there wild ideas it will be a truelly sad day in america it hurts my heart to think of my grandkids having to endure those times.we are or have always left the country in the hands of the following generation better than the condition we recieved it that im afraid is coming to an end

  • Joe D Smith November 3, 2019, 5:42 am

    Chlorine bleach isn’t illegal but if it’s mixed with aqua ammonia or acid the result is a very toxic gas can be fatal in high enough concentrations.

    Rat poison contains zinc phosphide and if it’s mixed with water phosphine gas, a very toxic substance, is generated.

    Good grief! You can put acid in a Super Soaker and spray it at somebody with devastating results. Are you going to ban Super Soakers?!

    So are feds going to ban all of hese things?! I’d like to see them try.

    The judge is obviously a Democrat who was appointed by the president who did lasting damage to America. Like him, the judge is a disgrace and If this were 200 years ago the judge would have been justifiably tarred and feathered.

    Ladies and gentlemen it is coming and and we know what “it” is.

  • Chuck November 2, 2019, 10:32 pm

    Machine guns not protected by the 2nd Amendment? She might want to read it, then the Militia Act and then U.S. v Miller 1939. . . . just for starters.

  • JOHN LAKEY November 2, 2019, 7:50 pm

    So if the State decides to take my Property that happens to be a Bible–all hell will break loose

  • Warren C November 2, 2019, 1:35 pm

    I believe this was Ex Post Facto, Ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the United States Constitution prohibit ex post facto laws:

    Art 1, § 9 This prohibits Congress from passing any laws which apply ex post facto.
    Art. 1 § 10. This prohibits the states from passing any laws which apply ex post facto.

    Additionally “machine guns” are not Illegal to own, they are strictly “regulated” under Title III of the National Firearms Act of 1933. Wonder who appointed this Judge? It must have been Obama as the Judge needs a review course in Constitutional law and seems to be making rulings based on politics rather than the Constitution. I hope these companies appeal to the decision.

  • CJ Grisham November 2, 2019, 11:05 am

    They need to appeal, especially in light of the recent admission by the ATF that they had no authority to ban bump stocks in the first place.

  • mtman2 November 2, 2019, 6:40 am

    Courts don’t “RULE” on anything in Constitutional America…
    They have “opinions’ – for they are not a legislative body like the cowards in Congress are supposed to be.

    Take it to scotus- for “Buy Back” status =
    “you want them now- buy’em back from those who legally bought them as private property”.

    The Vegas shooting was a “False Flag” setup to see our reactions- tho since trust in Gubmint has severely etoded even more…
    Esp w/Dems – “impeachment” scam.

  • ROGER J DE ZORZI November 2, 2019, 2:15 am

    Loren A. Smith is a MALE—Some of the remarks have his gender wrong

  • Rollin L November 1, 2019, 6:36 pm

    The Judge should be educated enough on precedent to understand the 1939 Miller case. A simple reading of Miller shows that any firearm with application to military or militia purposes is protected by the 2nd Amendment. Kind of hard to argue that machine guns are not accepted arms in common usage for such purposes. This Judge is willfully ignorant of the law and should be sanctioned for defying the Supreme Court precedent.

    Thanks to the author here for making the proper case that, under ATF’s ruling, bump stocks could never have been grandfathered, which the lying, deceitful NRA kept pretending was the case in order to cover their executive rear ends. NRA-supported Hughes Amendment of 1986 is quite clear on that.

  • Scott W November 1, 2019, 6:14 pm

    Hello NRA? Where are you?

  • Patrick McWilliams November 1, 2019, 5:13 pm

    “Allowing” bump stocks to be produced, then prohibiting them later, was likely the plan from the start. The potential damage that might be inflicted by a lone individual misusing the device pales in comparison to the opportunity to turn thousands of citizens into instant felons and to set an example by bankrupting anyone who might come up with an innovative firearms accessory in the future.

    Even if the makers “win” on appeal, their inventory is gone, and who would dare manufacture one again?

  • Rouge1 November 1, 2019, 4:26 pm

    Damn I could do way more damage with my 600 horse 45′ motorhome. Are they next?

  • Mike Graves November 1, 2019, 3:26 pm

    They will eventually use this idiotic logic to take away all our firearms! 😡

  • HC November 1, 2019, 1:26 pm

    This Judge is an absolute idiot. None of these companies property, is dangerous, diseased, or had been used in a crime, and secondly machine guns ARE protected by the 2nd amendment! That’s why they could not confiscate guns registered before they closed off tax registration. The Hughes amendment is a De Facto ban, not an actual ban. It exploits the governments taxing powers to prevent new registrations. It’s also blatantly unconstitutional much like this bump stock nonsense is. This Judge should be disbarred immediately for her lack of knowledge of the law.

  • mlt November 1, 2019, 1:11 pm

    The judges logic is severely flawed. Cars are used in crimes as well as thousands of devices and are not subject to confiscation. This needs to be challenged on appeal.

    • Edward M Pate November 1, 2019, 3:22 pm

      Sadly cards, boats and other property seized all the time by law enforcement in these broad overreaches of government power.

      • Bmar November 8, 2019, 11:50 am

        They are but on a individual level not on a mass confiscation which in other is mass punishment they punish innocent people and strip them of there rights all because 1 crazy maniac goes to las vegas and shoots the place up.i would also add that. Only in america is mass punishment illegal in the penitentiary system to protect inmates from disciple brought upon them by correction officers due to a single individual causing problems yet us hard working law abiding decent americans are not afforded that protection thats because the govt is not and has never been nor likely ever to be willing and able to punish itself.When things like this happen the military should stand behind and only behind the people and make it very clear that this is our show we run it and thats the way it was and that is the way it must remain that appears to be unfortunately the only way to real these elected partisan or i should say democrat judges back in and make it VERY clear to them that we intend to live our lives and raise our families the way we see fit and we intend to protect and defend those we love any which we so well choose.Will that happen unlikely the military should be offended though and im know many whom are they have watched comrads in battle fall protecting rights we cherish only to see that the crooked politicians back home are trying to eat away at the rights there dying to protect that is quite unbelievable and so sad it truely is

  • Doug Riding November 1, 2019, 12:52 pm

    I agree with 90% of what’s been said…

    It is ludicrous on it’s face, to make something that’s legal, illegal, and then confiscate it without compensation because it’s now illegal !!!

    What I want to know, is what-the-Hell are we going to do about it ???

    All we ever do is wring our hands ! Perhaps some sort of public support for the 2nd amendment and the free access to all types of firearms is in order…

    It would have to be big, noisy, and overwhelming to get the nation’s attention; but – at this point – I’m afraid I just don’t see any ‘ground-swell’ for a 2nd amendment march on Boston, Philadelphia, or Washington, DC…

  • James NUNES November 1, 2019, 12:15 pm

    People in this country have become sheep we have let the wiener’s & vaginas pass one stupid law after another because they think laws protect them which they don’t, we the people protect people, look at your police department it has become military they can call it s.w.a.t. they dress in military uniforms, ride in military vehicle’s, in some cases the local police even get armored vehicles and uniform goods from your local armory your police are becoming the dogs that herd the sheep, this move on bump whatever, there has to be a lot of pressure on that judge to make a ruling like this, these stocks are not a dangerous item ( if you want to call them that ) until they are married to a weapon for that to happen they must be legally purchased & they were not so how can they be deemed dangerous by themselves, I would much rather be hit with one of these than a 9 iron or maybe all golf clubs are dangerous, I know, lets make another law because in the wrong hands golf clubs are more dangerous than unmarried stocks. Im getting older and have seen a lot of changes since ww2, be careful people the government move’s slow but they are moving!

  • WillieNAZ November 1, 2019, 12:13 pm

    I certainly hope this one gets appealed to the Supreme Court, otherwise it sets an extremely threatening precedent. Police powers never extend to confiscate property without due process, and that argument needs to be made before the Supreme Court as well. Police steal property every day in this country because of judges like that one. No person shall be denied life, liberty or Property without due process. Until a judge slams the gavel and cites violations of the law, the property remains MINE. And even then it is still mine until all my appeals to “higher” courts are heard. It is insane that springs and plastic are more dangerous than actual machine guns possessed lawfully by law abiding citizens according to the same out of control ATF. All alphabet soup bureaus need to be done away with.

  • Sonya Blakowich November 1, 2019, 11:54 am

    That is one corrupt judge. Go back to whatever communist country you hail from. No property should be taken from citizen in good standing with the law just because some treasonous criminal with a badge and/or title deems it so.

    • Winston November 1, 2019, 1:42 pm

      The judge is from the radicalized Ivy League-dominated Ministry of Courts whose administration and graduates are of a particular neo-liberal ideology. It is an ideology that has no respects the Bill of Rights and one that imposes humiliation after humiliation upon the white majority of the US.

  • Goat November 1, 2019, 11:37 am

    So last I heard the citizens of the USA were the sovereign rulers of our country. This judge has just ruled we live in a monarchy as subjects of our government in direct opposition to our U.S. Constitution. This confiscation was 100% an unlawful stealing of property in violation of our Constitution. This judge like so many of them needs to be impeached and lose their citizenship for blatently defiling our rights.

  • RICK November 1, 2019, 11:33 am

    How can a “machine gun” not be covered in the 2nd ammendment? It’s a firearm used to protect one’s life and liberty.

  • Rob Hunted November 1, 2019, 11:29 am

    Lol! Their time is almost up! It will start with pockets of people within the country who stop paying income taxes. Why pay taxes to a shit gov that pisses away our money as the infrastructure crumbles as fast as our rights. Unfortunately I don’t see this ending peacefully. The gov is addicted to those trillions in taxes they flush down the toilet every year.

  • chesty November 1, 2019, 11:13 am

    sovereign?, We KICKED THAT ASS 243 years ago!

    • Ivar Ivarsson November 2, 2019, 1:21 am

      I understand 60000 bumpstocks are being stored in a secret armory in Concord, Massachusetts. I suppose occupying troops of the New World Order will be along soon to destroy them. Should we call out the militia? Wait, what am I saying. Massachusetts?

  • William November 1, 2019, 10:40 am

    This will be precedent for Beto buy back with no cost to the government.

    • Colene November 1, 2019, 11:18 am

      Beto will never be in a position to get his hands on any Americans weapons!!!

      • MB November 1, 2019, 12:14 pm

        Is’t he a convicted felon,? so he can’t ever touch one

    • chesty November 1, 2019, 11:18 am

      That would not be a buy back, it’d be an attempted gun grab. It will never happen!.

    • Heywood Jablome November 1, 2019, 11:49 am

      This judge’s ruling will be appealed and ultimately overturned. Fortunately, nobody has to worry about Beto’s potential confiscation as he will never ascend to the presidency of the United States.

  • Anthony Martinello November 1, 2019, 10:35 am

    This Judge bowed to political pressure. She treated the Slide Action Stocks the same as illegal drugs are treated. If the item in question is made illegal, then manufactured after it is made illegal, her argument can be applied, it can be seized without compensation. But if the item is legally manufactured, then made illegal, compensation is required under Article I of the Constitution. Her “Law Enforcement and harmful substance argument” does not apply. An appeal is definitely necessary.

  • Jay November 1, 2019, 10:31 am

    The USA is not sovereign as this so called judge wants to portray! The USA is a duel sovereignty, the Federal and the State. What powers are not granted by the people, no one voted on the bump stock ban, is reserved for the State. The bump stock ban is illegal and no one has made a peep because their god Trump did it, even when Obama never did. The bump stock is a gun part, an accessory and in no way constitutes a firearm by itself but that is exactly what Trump made it! The ATF change the physics of it to make it a action part, a gun basically and it can do no action on it’s own. Trump single handedly created the biggest threat to our 2nd amendment of any president and trust me, more is to come. Even as I type this AG Barr is creating the Pre-crime law which is Trumps mental health aspect of his 2nd amendment take over and is nothing more than a Red Flag law! Be ready it’s coming!

    • Rattlerjake November 1, 2019, 11:38 am

      You’re just as wrong as this judge! Neither the Federal nor the state governments are sovereign, it is the PEOPLE that are sovereign! Both the federal and state governments are of the people and are limited by the Constitution, which we have seen they completely ignore! Contrary to what people have been told, the state has no separate powers than the federal government. The states ratified the Constitution, and have included their adherence to that Constitution in their own state Constitutions meaning they are also restricted to the same rules/laws. The ATF cannot make law, yet is has and does because “we the people” have allowed this government overreach. There is NOTHING in the Constitution that allows the governments, whether federal or state, to enact prohibitions on the people! What is allowed is prohibitions or restrictions based on “COMMERCE”, but that does not give them authority to restrict or prohibit a product that in itself is NOT dangerous.

      This judge is obviously a leftist tool and this decision needs to be appealed. She is a perfect example of why women do NOT belong in positions of authority as GOD told us! We have three leftist women on the SCOTUS, and the majority of women in congress are leftist women. Ever wonder why you NEVER hear from the “conservative” women in congress but ALWAYS hear from the leftists? Think hard! “Conservative” women in congress are no different that the leftists, just quieter!

      • Jay November 2, 2019, 5:36 am

        Re-Read my third Sentence!! Thanks for re-enforcing what I said because you can’t read or either understand what I wrote!

      • Bmar November 8, 2019, 1:47 pm

        Well said all the way until the bottom this judge that made this ridiculous ruling was not a woman it was a man yes a male judge easy mistake to make given the name you are 100% correct the atf cannot make law however they do and they do it by rewording existing law as of right now there isnt per a judges recent finding in a criminal case a part of the ar15 that is by there definition a firearm due to the well done work of a bound and determined defense attorney whos client was charged with making and selling unliscensed illegal lower recievers the attorney studied there own definition and succecfully made an argument that by there very definition it is not or should not be considered no different than any other part of the gun that any individual can buy without going through any such process.Apparently the ATF started having anxiety attacks as they triied to end the case as quietly as possible and have asked congress to rapidly change wording under the staute. Because they fear other defence attorney will use this same argument and do so successfully of course like everything else the congress is suppose to do they are entirely to busy chasing conspiracies and giving our country to illegals whom chose to drag there children across the desert. As for jay the clown whom you were replying clearly your first sentence says it all about him he is as wrong or worse than that of the judge he doesnt quite understand how things are suppose to work id predict he is in his early to mid 20’s inmature loud and often proven idiotic its possible he is the whistleblower after all he seems to have the inside workings to the atty generals office and he is pretty clear that AG barr is makin some new laws to be presented to us in the near future except as is with the states hed be wrong again as im sure jay would know that attorney generals dont write laws they oversee and enforce laws that are on the books. Sadly for us constitutional americans the younger generation is buying in to the far left and there insane ideas or policies they call them that makes them more gullible than jay our 2nd amendment is for the people or “militia” to have and maintain lethal force should the federal govt impede on our way of life the problem is that the state govt are running amok as well it seems states are making and passing law on there own they dont work with federal enforcement to keep illegal criminals off there streets in fact they run interference so the illegal criminal can escape the federal govt in those cases needs to rein in the state prosecute the officials beginning with the governor and going down as far as necessary and in other cases its the fed govt doing the overreaching which in almost all cases when peeled back ends up being a single judge appointed by a partisan president likely from the 9th circuit. There is a cure for all this infection that is within our system and the only cure for it is the people and as of now theres no appetite for it cause most folks just want to live in peace and raise there family and id be included in that group . These tyrants are testing the waters at the moment when and if the day comes they decide they have some kind of right to come onto private property and ask for folks firearms that are legally owned and that have been puchased with the govt not having a problen sticking there hand in to collect taxes they now want to confiscate it i believe in my opinion and its just that my opinion people will not willfully hand over there property i mean perhaps theyll gift them with a bang and give them a parting chunk of lead on there way out but i dont see the govt succefully stealing 300 some odd million firearms not in my neck of the woods anyway .ol timers around here will go for uncle sams knees and will at least have a portion of the military and law enforcement behind them as they are citizens as well and intend on preserving there rights for future generations. In partucular our local service members are outraged as they have been deployed to foreign soil under the premise they are fighting to defend and protect the american way of life and are sworm to uphold the constitution and as they witness many comrads fall on the battlefield these feckless lil weasel politicians that sent them there are destroying the constitution and or muddying up the language in it so to persua gullible uneducated people that the meaning of a particular amendment is something other than what it really is and there doing it to a success in some degree aint that right jay yeah jay knows he belongs in that demographic lol. Just kidding jay buddy i like ya matter of fact i love the poorly uneducated and so does your president jay we will pray for ya. God bless you rattlerjake have a good evening sir amd you jake get back to school my friend and get that education already you can do it somebody has faith in ya

      • Bmar November 8, 2019, 1:51 pm

        Well said all the way until the bottom this judge that made this ridiculous ruling was not a woman it was a man yes a male judge easy mistake to make given the name you are 100% correct the atf cannot make law however they do and they do it by rewording existing law as of right now there isnt per a judges recent finding in a criminal case a part of the ar15 that is by there definition a firearm due to the well done work of a bound and determined defense attorney whos client was charged with making and selling unliscensed illegal lower recievers the attorney studied there own definition and succecfully made an argument that by there very definition it is not or should not be considered no different than any other part of the gun that any individual can buy without going through any such process.Apparently the ATF started having anxiety attacks as they triied to end the case as quietly as possible and have asked congress to rapidly change wording under the staute. Because they fear other defence attorney will use this same argument and do so successfully of course like everything else the congress is suppose to do they are entirely to busy chasing conspiracies and giving our country to illegals whom chose to drag there children across the desert. As for jay the clown whom you were replying clearly your first sentence says it all about him he is as wrong or worse than that of the judge he doesnt quite understand how things are suppose to work id predict he is in his early to mid 20\’s inmature loud and often proven idiotic its possible he is the whistleblower after all he seems to have the inside workings to the atty generals office and he is pretty clear that AG barr is makin some new laws to be presented to us in the near future except as is with the states hed be wrong again as im sure jay would know that attorney generals dont write laws they oversee and enforce laws that are on the books. Sadly for us constitutional americans the younger generation is buying in to the far left and there insane ideas or policies they call them that makes them more gullible than jay our 2nd amendment is for the people or \”militia\” to have and maintain lethal force should the federal govt impede on our way of life the problem is that the state govt are running amok as well it seems states are making and passing law on there own they dont work with federal enforcement to keep illegal criminals off there streets in fact they run interference so the illegal criminal can escape the federal govt in those cases needs to rein in the state prosecute the officials beginning with the governor and going down as far as necessary and in other cases its the fed govt doing the overreaching which in almost all cases when peeled back ends up being a single judge appointed by a partisan president likely from the 9th circuit. There is a cure for all this infection that is within our system and the only cure for it is the people and as of now theres no appetite for it cause most folks just want to live in peace and raise there family and id be included in that group . These tyrants are testing the waters at the moment when and if the day comes they decide they have some kind of right to come onto private property and ask for folks firearms that are legally owned and that have been puchased with the govt not having a problen sticking there hand in to collect taxes they now want to confiscate it i believe in my opinion and its just that my opinion people will not willfully hand over there property i mean perhaps theyll gift them with a bang and give them a parting chunk of lead on there way out but i dont see the govt succefully stealing 300 some odd million firearms not in my neck of the woods anyway .ol timers around here will go for uncle sams knees and will at least have a portion of the military and law enforcement behind them as they are citizens as well and intend on preserving there rights for future generations. In partucular our local service members are outraged as they have been deployed to foreign soil under the premise they are fighting to defend and protect the american way of life and are sworm to uphold the constitution and as they witness many comrads fall on the battlefield these feckless lil weasel politicians that sent them there are destroying the constitution and or muddying up the language in it so to persua gullible uneducated people that the meaning of a particular amendment is something other than what it really is and there doing it to a success in some degree aint that right jay yeah jay knows he belongs in that demographic lol. Just kidding jay buddy i like ya matter of fact i love the poorly uneducated and so does your president jay we will pray for ya. God bless you rattlerjake have a good evening sir amd you jake get back to school my friend and get that education already you can do it somebody has faith in ya

  • No1hunter November 1, 2019, 9:48 am

    Actually, the Liberal judge errored in his decision as the ATF may have the right to seize dangerous property, they can’t just change their mind on something the they did not consider dangerous and seize it without due compensation. They were bought and manufactured LEGALLY and if the government decides to change it’s mind, the are responsible to compensation the person or entity for their damages for buying the items deemed legal at the time, PERIOD.

    Maybe the Judge’s property should be seized because someone changed their mind about it. let’s see what he would have to say about that. seize his cars, his hammers, his . . . .

    • Rattlerjake November 1, 2019, 11:56 am

      Actually, no government agency or congress itself has the right to seize “dangerous” property without proving that that property is dangerous in and of itself! What is has a right to do is act against an individual who is dangerous through their actions. The government has NO RIGHT to protect an individual from himself, only protect others from a “dangerous” individual. As we have seen, over and over, the government fails miserably to protect us from criminals by establishing lax punishments and releasing them back into the population.

      As an example, the government cannot prevent an individual from drinking alcohol or smoking a joint, but they can remove that person from the highways if they are presenting a threat to the general public. Yet we have government restricting many of our freedoms to satisfy their claim to power.

      • Warren C November 2, 2019, 1:55 pm

        never say never, given the opportunity more than one of the DemoRATic candidates would love “buy back” (i.e. confiscate) your firearms. Wish someone would look at the latest FBI crime numbers, there were more homicides committed with hands and fists than with rifles (in total and including the dreaded AR-15 and AK-47), maybe we need to ban rocks as they are proven to be more dangerous than rifles. These FBI statistics are not used in anti-gunners speeches or ads unless they have been prostituted enough to fit the agenda of the anti-gun groups and their whores in the lame stream media

  • Matthew Hudson November 1, 2019, 9:42 am

    The ruling is a clear violation of the 2nd, 4th, 5th, 9th, 10th, and 14th amendments.

    It’s a violation of the 2nd, because the 2nd prevents the federal and state governments from disarming people of the weapons of war.

    It’s a violation of the 4th because it takes property from people without a hearing or DUE PROCESS.

    It’s a violation of the 5th because it takes private property for public use (destroys it, the ultimate use) and it punishes a private company without due process.

    It violates the 9th amendment because it implies that a right has been enumerated to the US government that DOES NOT EXIST. They were NEVER granted the right to bear arms, and the only way they can do this is by TAKING the right away. Because only the controllers of the right may destroy the right.

    It violates the 10th amendment because the Right to bear arms is a Right of the People, not a RIGHT OF THE GOVERNMENT. It takes a right and uses it against the people, that it does not have, is forbidden to have, is a violation and infringement of the Right of the People.

    It violates the 14th amendment by depriving a person of liberty (to make bump stocks) Liberty (to own bump stocks) and the Right to bear arms without compensation or due process.

    LASTLY, the SOVEREIGN in this nation is not the GOVERNMENT! The Government is NOT SOVEREIGN. WE ARE.

    This is war.

    • Rattlerjake November 1, 2019, 12:31 pm

      Very well stated! Don’t forget to mention that the states are limited the same as the federal government. Governments have no rights, it is the people who have the rights. The government has authority, but only such authority that the people give it, and the people CANNOT give government authority to violate the rights of the people.

      We hear all the time how government disparages people who claim to be sovereign, and it is because the government wants to steal that sovereignty from the individual. Government uses ad hominem attacks to prevent the majority of the people from knowing the truth – “birther”, “conspiracy theorist”, “flat earther”, “climate denier”, “red-neck”, “racist”, etc. are good examples. When the United States is called a sovereign nation, it is only because the people are sovereign.

    • Rattlerjake November 1, 2019, 12:31 pm

      Actually, no government agency or congress itself has the right to seize “dangerous” property without proving that that property is dangerous in and of itself! What is has a right to do is act against an individual who is dangerous through their actions. The government has NO RIGHT to protect an individual from himself, only protect others from a “dangerous” individual. As we have seen, over and over, the government fails miserably to protect us from criminals by establishing lax punishments and releasing them back into the population.

      As an example, the government cannot prevent an individual from drinking alcohol or smoking a joint, but they can remove that person from the highways if they are presenting a threat to the general public. Yet we have government restricting many of our freedoms to satisfy their claim to power.

  • Dexter Winslett November 1, 2019, 9:22 am

    Hang the illegal judge. Water the Tree Of Liberty.

    • Ralph M Bach November 1, 2019, 10:09 am

      “Water the tree of liberty with the blood of patriots and tyrants” — Thomas Jefferson

  • Muaser6863 November 1, 2019, 9:21 am

    I would further add, that these “Goods” are not “Dangerous, diseased, or used in criminal activities”, as they were completely legal and twice the same agency, the BATFE, issued letters saying they were not subject to regulation under the National Firearms Act. Out of an estimated 500,000+ “Bump Stocks, one and only one, is suspected to have been used in a criminal act.

    So in this case, licensed companies, doing business within the law and regulation of the land, had the definition of their legal product changed and made illegal by executive fiat. Not an act of Congress. This was done by the same agency that deemed them to be legal.

    If the same thing were to happen to a car maker, like let’s say Volkswagen and all of their cars were ordered surrendered and destroyed, without compensation, because the government that approved their emissions standards either changed their mind or decided VW “cheated” and the heretofore legal cars were now illegal to own and possess.

    The “bump stock” example is no different. This was not a drug dealers cache of illegal drugs or a case of the “Evil Kinder Surprise candies, these were 100% legal products, until they were not. Bad ruling that should not be allowed to stand.

    • leung November 1, 2019, 11:51 am

      By her logic, if I argue that half of the gun violence is committed by black Americans, does that mean the gov can overrule the Civil Rights Act and declare that all black Americans cannot own guns??

      • Rattlerjake November 1, 2019, 12:40 pm

        Why not confiscate and destroy them!?

  • Al Pickering November 1, 2019, 8:32 am

    Too bad Trump used his executive powers to steal our bump stocks. He was a Democrat for decades and we, like he said,are suckers.

  • joefoam November 1, 2019, 8:27 am

    I have to agree with the commenters above. This opens a door for the feds to take anything they deem dangerous, nullifying the intent of the amendment.

  • Joe D Smith November 1, 2019, 8:17 am

    Unless this judge’s ruling – probably an Obama judge – is overturned on appeal the Feds can declare a semi-automatic firearm “injurious to the health, morals, or safety of the community,” and confiscate it.

    Should any LEO think about confiscating someone’s semi-automatic firearm, or any firearm, under that pretext that LEO is likely to get himself shot and killed by someone who has had enough of being bulled by the government.

    This is exactly why there is a 2nd Amendment: it gives the sovereign citizens a means to protect themselves from a hostile government hell-bent on treating the citizenry like dirt. It sends a message to those in the government that there will be fatal consequences if they start pushing people around. Yes, the government has superior firepower but it doesn’t have superior numbers. 100,000,000 armed citizens can still inflict a lot of damage on an organized militia using asymmetrical warfare techniques. And some of these citizens have the know-how to build automatic weapons to level the “playing” field.

    So Bobbie O’Dorke you POS big-mouthed pencil-neck geek, I dare you to come and take my firearms.

    Once the 2nd Amendment is lost the rest of the Bill of Rights will follow.

  • Donald November 1, 2019, 8:07 am

    As usual a federal judge got the basics wrong. We as citizens are the sovereigns. The government has no power but what we give it. Since the 2nd Amendment is still supposedly in force, the manufacturers had up until the “reinterpretation” of the definition of what constitutes a single pull of the trigger, had legal possession of these devices and should be compensated. Just as all owners of these devices should be compensated.
    This arbitrary change in definition will just lead to all semi auto confiscation because bump firing can still be accomplished without any devices.
    This redefinition is a new regulation and I would like to know what two other regulations were eliminated to meet President Trump’s downsizing of government.

    • Rattlerjake November 1, 2019, 12:44 pm

      Be very careful how you word statements — You said: “The government has no power but what we give it.” is only half true. Although we give the government it’s authority, we cannot give it authority we as individuals do not possess. We cannot give the government the authority to infringe on the right of an individual. Majority rule is mob rule and has no place in a republican for of government.

  • David Ingram November 1, 2019, 8:03 am

    This is wrong. If this stands then the words “bump stocks” can be replaced with “guns we don’t like” and they can take them all. If they can outlaw existing firearms and take them then they will.

  • VIc November 1, 2019, 7:34 am

    What a flight of fancy the judge takes in such a ruling ..An object at one point being legal to produce and or possess that has a commercial value once produced has that value… For what ever reason those goods lose their value thru no fault of the manufacturer or the market… Harm has been done to the Manufacturer or Owners of that product ..Someone is liable for that harm ..in this case it is the State.

  • Alan1018 November 1, 2019, 7:26 am

    So much for the Constitutions ban on taking private property without compensation.

  • Kevin Cote November 1, 2019, 5:53 am

    THE GOVERNMENT IS NOT THE SOVERIEGN !!!!!
    This is wrong and dangerous to say. THE PEOPLE ARE SOVERIEGN YOU IDIOTS !

    God created man…gen 1: 26-28. All Law is based on Biblical Law

    People created ” government ” to provide 19 eneumerated services, see the Founding documents…Declaration of Independence and “The Constitution for the united States of America” , the first one the original ( there are at least 3 ).

    We have been lied to to believe government is our master . It is not. It is our servant.
    We have not had a Dejure government since March 1861.

    Learn our history and awaken your nieghbor and throw off these self imposed chains.

    • Jim November 1, 2019, 9:56 am

      Govt has the right to do whatever it’s citizens have agreed it has the power to do. If you disagree with the scope of that power, you need to convince a majority of citizens to agree with you, and change the governments reach. If your minority view is not agreed with, well, too bad. Otherwise we’d have Muslims insisting we all convert to Islam, pay a tax and live in Dimmitude, or die; because Mohammad said so. That’s the way democratically-based governmental systems work.

      And all law is not based on the Bible (you could argue Hammurabi, but not the Bible). Certainly not based on all the mean contradictory things the Bible says you should be punished for. You would not want a robot programmed to enforce all Biblical law to be in your house…your family probably wouldn’t last a week.

  • Mark the 2nd November 1, 2019, 5:16 am

    I put in a comment and was refused posting. I said some “bad” things about the so called “government”. Good to know communism is good and healthy on this site. 1st amendment does not apply here.

  • Benjamin Rice November 1, 2019, 4:00 am

    Interesting….. this judge is obviously a moron. The ATF admitted that it had no power to reclassify a bump stock as a machine gun.

    The bump stock does not meet ANY definition of a machine gun. To change the definition of a machine gun would require the legislature, not the ATF.

  • Mark the 2nd November 1, 2019, 2:33 am

    Nothing under the 2nd amendment is illegal. We should be able to own ANYTHING the military has if we can afford it. It looks like we’ve come full circle and are now under the jackboots of a fascist, totalitarian dictatorship. War is coming because of these sh-t heads. Don’t give up ANYTHING to those communist bas-ards that call themselves “government”. They themselves are criminals of the highest degree. We The People have the power “if” we work together. If we don’t fight and win this battle communism will reign supreme throughout the world and freedom will be gone completely. Live free or die, there is no alternative.

  • Will Drider October 30, 2019, 11:29 pm

    Same outcome when owner/mfr of Atkins Accelerator Filed Suit for damages. The poor guy also was directed go recall all sold Kits that could be tracked. Didn’t get close to finding anywhere near the numbers sold. I have no doubt that some turn up on the second hand non professional market from time to time: don’t know what their selling/buying or inheriting. Lol

  • SuperG October 30, 2019, 2:30 pm

    Soon, the camel named Justice, will have a broken back and all hell will break loose.

  • Michael October 30, 2019, 10:33 am

    Step 1 of many yet to come if the Dems get their way. If i had armed body guards I would not need a gun. 2020 elections are a major threat to lawful gun owners. Vote the right way. Lock’n’load. Stand guard, there are more of us than them.

  • A. Brent Harshbarger October 29, 2019, 6:53 pm

    Doesn’t seem right to me for the people who bought them as a legal device. The government changes the law making them illegal and must be turned in without compensation. Seems like the government should have to pony up and to get these now illegal devices off the street.

    I always thought of bump-stocks as a novelty and an even faster way to burn up a lot of ammo at the range.

    In my opinion, if the guy in Vegas had been an actual marksman instead of “flock shooting”, the casualties would have been much worse.

    • OldOutdoorsGuy November 1, 2019, 7:26 am

      @A. Brent Harshbarger “In my opinion, if the guy in Vegas had been an actual marksman instead of “flock shooting”, the casualties would have been much worse.”

      I agree completely! Aiming a “bump” stock fitted semi-automatic long gun into a large crowd of people and opening fire with barrage after barrage as quickly as you can change mags is quite different than picking your targets and “dislodging” each them from society. From all accounts, this fool had rounds flying all over the place which is indicative of an unskilled marksman. That doesn’t excuse the tragedy by any means, but it could have been a large van full of explosives in some other situation and the results could have been much more devastating regardless of the intent. Just theorizing ……. It isn’t so much different than the “What if” scenarios which these judges sometimes use to determine the outcome of a disaster.

    • Fred Ward November 1, 2019, 7:43 am

      Speculation about Vegas is ridiculous. We know nothing about the shootings, how many shooters there were, their motivation, or what equipment was used. Sadly, we never will because the FBI is “protecting’ us from the truth.

    • Ralphy November 1, 2019, 8:08 am

      If the psycho had spent the same amount of money as he did on the arms allegedly found in his rooms, he could’ve bought and used a belt fed auto and destroyed ten times as many lives indiscriminately. When will people realize that it’s deranged people that are the issue? This sickness starts at an early age in the home.

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