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So????

How did the SCOTUS address the issue of banning something (that once was legal to own/have) and providing for NO just compensation to the owners?

Aloha, Mark
 
So????

How did the SCOTUS address the issue of banning something (that once was legal to own/have) and providing for NO just compensation to the owners?

Aloha, Mark
At this point SCOTUS won't look at it. It has to go through the lower courts first. It could take years
 
art-link-symbol-tiny-grey-arrow-only-rev01.gif Zelman Partisans - BSTD Bump-Fire Ban Compliance Rate ... 845. Taking the ATF's low estimate of 280,000 BSTDs sold, they achieved a 0.30% compliance rate
APRIL 3, 2019
BSTD Bump-Fire Ban Compliance Rate [POLL] | The Zelman Partisans

After that come the great state of Washington, with a reported 1,000 turned in during their "buy-back"." The problem with that number is hiding in the details. People were supposed to be paid $150 for each bump-fire stock. But the most detailed report stated that they only paid for 122 of 150 stocks surrendered. I suspect they were paying for commercial products, and some maliciously compliant smartasses (bless 'em) slapped together some bump-fire stocks from hunks of wood or PVC pipe.

So my wild bubblegum guess is that only 81% of the WA turn-ins would count against the ATF "sold" estimate: 810.
 
That used to be true and there would be grandfather clauses but the bump stock ban and the new wave of state legislation don't have grandfather clauses any more. It is looking more like confiscation than a ban on future sales to me.
The lack of grandfather clause was entirely because of how Trump chose to enact the ban: he used an executive order to modify the ATF definition for bump stocks, classifying them as machine guns. From there, the NFA took over on banning possession.

If the ban were done via legislation, you would typically see a grandfather clause (not always though).

In both cases, with or without a grandfather clause, it's more about banning sales in perpetuity than existing stock.
 
The lack of grandfather clause was entirely because of how Trump chose to enact the ban: ....

But look at state level legislation.

  • CA -- CA totally banned standard capacity magazines (currently in litigation). No grandfather clause -- sell, destroy, or permanently modify otherwise become a felon.
  • WA -- HB 1739 which is about to be passed totally banned undetectable firearms calling into question whether polymer builds will be legal after June 30 2019. No grandfather clause.
  • OR -- SB 978 appears to outlaw undetectable firearms AND untraceable builds (probably not NFA builds), no grandfather clause clause so far as I can tell (I haven't looked as closely as legislation in my state so could be wrong) which calls into question the legality of even metal 80% builds.
  • WA -- we all know legislation passed last year that just flat banned bumpstocks even before the feds got involved. No grandfather clause.
  • WA -- HB 1068: the failed magazine ban legislation from this election cycle had a sort of grandfather clause, but you couldn't use the mags except at home or at a range/while hunting and had to keep them locked up in a separate container from ammo while going from home to range -- you certainly couldn't use them in a carry gun. This was a shrewd attempt to avoid the legal problems CA has with its mag ban and the 5th Amendment, but it sure did take a swipe at the utility of standard mags.

These are just off the top of my head without even trying to search. To me, it DOES feel like the legislation is getting draconian and confiscatory.
 
Last Edited:
The gov't has stolen bump stock owners $$$, it is very clearly an illegal taking of their property. Thanks a lot Pres Trump, for breaking your promise and your Oath of Office:eek::eek:

And you can stick your Red Flag laws where the sun don't shine you d amn liar
 
But look at state level legislation.

  • CA -- CA totally banned standard capacity magazines (currently in litigation). No grandfather clause -- sell, destroy, or permanently modify otherwise become a felon.
  • WA -- HB 1739 which is about to be passed totally banned undetectable firearms calling into question whether polymer builds will be legal after June 30 2019. No grandfather clause.
  • OR -- SB 978 appears to outlaw undetectable firearms AND untraceable builds (probably not NFA builds), no grandfather clause clause so far as I can tell (I haven't looked as closely as legislation in my state so could be wrong) which calls into question the legality of even metal 80% builds.
  • WA -- we all know legislation passed last year that just flat banned bumpstocks even before the feds got involved. No grandfather clause.
  • WA -- HB 1068: the failed magazine ban legislation from this election cycle had a sort of grandfather clause, but you couldn't use the mags except at home or at a range/while hunting and had to keep them locked up in a separate container from ammo while going from home to range -- you certainly couldn't use them in a carry gun. This was a shrewd attempt to avoid the legal problems CA has with its mag ban and the 5th Amendment, but it sure did take a swipe at the utility of standard mags.

These are just off the top of my head without even trying to search. To me, it DOES feel like the legislation is getting draconian and confiscatory.
Regarding SB 978, 80% builds with receivers or frames that are not serialized in accordance with fed regs listed in Section 17 (1) (b) will be illegal. There is no grandfather clause for these builds (so far).
 

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