An arms company is suing the federal government over its new ban on bump stocks for the cost of the 73,000 units it turned over to federal agents to avoid being prosecuted.
The Daily Wire reported the Fort Worth, Texas, company, RW Arms, turned over its entire inventory of bump stocks to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The devices, which gun owners have used for years to make their rifles perform better, were abruptly banned by the federal government by putting them in the same classification as an automatic weapon.
The bump stocks were to be taken to a shredding company for destruction and recycling.
RW Arms claims the seizure violates the Fifth Amendment takings clause, which bans the government from seizing private property for public use without just compensation, the report explained.
“The lawsuit also argues that the bump stocks have been long-defined by the ATF as a firearm part and therefore are not regulated as a firearm under the Gun Control Act of 1968 or the National Firearms Act of 1934.”
The ATF previously ruled the devices did not make rifles to which they were attached fire “automatically” and were thus not “machineguns.”
The change in the regulation was made simply through a redefinition. There was no congressional input.
The ban, which took effect only days ago, imposed a penalty of a $250,000 fine and up to a 10-year prison sentence.
The Supreme Court rejected last-second pleas to reverse the decision or at least let owners keep the devices while a court battle plays out.
Critics of the change contend the Justice Department violated the Administrative Procedure Act.
The company is a wholesaler and distributor that is owned and run by veterans.