The Bump Stock Case that the ATF Should be Worried About
Washington Gun Law President, William Kirk, discusses the matter of McHutchen v. United States, currently awaiting review of a petition for certiorari before the United States Supreme Court. This case, is yet another bump stock case, but unlike all the other previous challenges to the bump stock ban, this suit is not brought under the 2nd Amendment, claiming that ATF encroached upon our Second Amendment rights, rather it claims that when the bump stock ban went into effect, overnight, Americans had three choices: (1) surrender your property to the government; (2) destroy your property, or; (3) face criminal prosecution. This, by its very definition is an unconstitutional taking prohibited by the 5th Amendment. So the argument here is not that the Federal Government did not have the right to ban and take bump stocks, rather that the Constitution mandates just compensation to those who had not choice but to dispossess themselves of their property.
But, if accepted by SCOTUS for review, this case has the chance to have the same far-reaching implications similar to Bruen. What does this all mean to you? Learn more and arm yourself with education today.
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Applicable Case(s):
McHutchen v. United States. https://www.scotusblog.com/case-files/cases/mccutchen-v-united-states/
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Applicable Legal Authorities:
5th Amendment, United States Constitution. https://constitution.congress.gov/constitution/amendment-5/#:~:text=No%20person%20shall%20be%20held,the%20same%20offence%20to%20be
The 5th Amendment, Cornell Law School Legal Institute. https://www.law.cornell.edu/constitution/fifth_amendment
Other Resources:
How the ATF Is Going to Reverse Course on Binary Triggers. https://youtu.be/XROnl8f29ck
ATF Adds the Hellfire Trigger to Their Most Wanted List. https://youtu.be/Uanf5ElSZqk
Let's Watch ATF Take a Trigger. https://youtu.be/CipQMmJwYDI
Check Out our Bullet Point Series. https://www.youtube.com/playlist?list=PLTYlAL5t-3aPwsSwmze-Dw_ev5b7PgNpe
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