Bump stock, binary trigger owners sue over Florida ban
By Chris Eger
Bump stocks are set to become illegal in Florida come October, and a group of device owners is suing the state over the looming ban (Photo: Slide Fire)
The state of Florida has been hit with another legal challenge to a recently passed gun control measure, this time on the grounds of taking property without compensation.
A lawsuit was filed in Leon County circuit court by five owners of the banned devices — Justin Brashear, Jonathan Hunt, Christopher Mays, Joseph Truex and Clayton Woolfe — and seeks class-action status on behalf of Floridians subject to the looming ban on the accessories, the Palm Beach Post reported.
The litigation tackles just one of the facets of SB 7026, signed into law by Gov. Rick Scott on March 9. The sweeping measure not only bans the possession, use and sale of bump stocks under threat of a felony, it also expands background check waiting periods on gun transfers and ups the age to buy any firearm in the state to 21 — the latter already the focus of a suit brought by the National Rifle Association.
With the bump stock ban, attorneys for the plaintiffs argue the state is moving to deprive currently lawful owners of
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Docduracoat July 14th, 2018 at 2:50 pm
Even though I am a party to this lawsuit, it is doomed to failure
They are not taking anything.
The takings clause of the Constitution clearly prohibits them from taking your property and giving it to another person or entity unless they compensate you.
So when they take your house to build a bridge or a mall, they have to give you fair market compensation.
It is settled law that when they declare your legally acquired property as contraband and give you time to divest yourself out of it that is perfectly legal by the Constitution.
When cocaine was first declared illegal they didn’t go around compensating everyone who had cocaine in their house even though every house had some as medicine.
Same thing with marijuana and even lawn darts.
They did not “take” anything.
Just made it illegal at a certain future date.