NAGR files amicus brief in Bump Stock case


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Washington D.C. – On July, 1st 2019, the National Association for Gun Rights legal foundation filed an amicus brief in support of the Gun Owners of America V. Barr case in the Sixth Circuit Court of Appeals.

On December, 26th 2018 the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) reversed a long held policy by reclassifying “bump stocks” as machine guns thus making ownership, possession, and sale of these accessories illegal unless registered as an NFA item.  

Upon implementation of this rule, “bump stocks” possessed by citizens became contraband, and owners were without any real ability to lawfully own or sell their legally purchased accessories.

The amicus brief, filed by the National Foundation for Gun Rights on behalf of NAGR, argues this equates to government confiscation of private property without constitutionally guaranteed compensation.

“The Fifth Amendment of the U.S. Constitution clearly states that private property cannot be taken without just compensation,” said Dudley Brown, President of the National Association for Gun Rights.

“Ordering citizens to destroy or turn in their legally purchased private property without fair compensation is unconstitutional. Of course, we do not think ‘bump stocks’ should be illegal at all as they’re merely a firearms accessory like magazines, scopes, and telescoping buttstocks,” said Brown.  “If the government is going to order you to destroy your once-legal property they must compensate you for that loss of property.”

In addition to violating the Fifth Amendment, the ATF’s ban on “bump stocks” sets a dangerous precedent that opens the door for a federal bureaucracy to redefine the function of more firearms accessories in order to ban additional legally purchased property.

Because of these violations it is the position of the National Association for Gun Rights, as stated in the amicus brief, the ban on “bump stocks” should be overturned.

The full text of the amicus brief may be found here.

The National Association for Gun Rights is the nation's second largest pro-gun organization, with 4.5 million members and supporters nationwide.


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