Federal Lawsuit Filed Challenging Trump Bump-Stock Ban; Injunction Sought

Bump Stock Lawsuit Guedes, et al. v. BATFE
Bump Stock Lawsuit Guedes, et al. v. BATFE

WASHINGTON, D.C. – -(AmmoLand.com)- Today, attorneys for an owner of a “bump-stock” device and three constitutional rights advocacy organizations filed a federal lawsuit against the Trump Administration’s new confiscatory ban on firearm parts, additionally challenging Matthew Whitaker’s legal authority to serve as Acting Attorney General and issue rules without being nominated to the role and confirmed by the Senate or by operation of law. A copy of the court filings can be viewed at www.bumpstockcase.com.

The plaintiffs also filed a motion seeking a temporary injunction to prevent the Trump Administration from implementing and enforcing the new regulation. The lawsuit, captioned as Guedes, et al. v. BATFE, et al., is backed by Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and Madison Society Foundation (MSF), also institutional plaintiffs in the case.

“Bump-stocks” were legal under federal law and prior determinations of the Bureau of Alcohol, Tobacco, Firearms and Explosives until the agency issued a new final rulemaking today. Under the new rule, owners of the devices have just 90 days to surrender or destroy their property, after which they could face federal ‘machinegun’ charges that carry up to 10 years in prison and $250,000 in fines for each violation.

The plaintiffs are represented by attorneys Joshua Prince and Adam Kraut of Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C. Prince and Kraut previously filed a nearly 1,000-page formal opposition to the proposed regulation, which included a video exhibit showing the actual operation of a “bump-stock” device on an AR-15 type firearm. That opposition and its 35 exhibits can be viewed at www.bit.ly/fpc-bumpstock-reg-opposition.

“The ATF has misled the public about bump-stock devices,” Prince said. “Worse, they are actively attempting to make felons out of people who relied on their legal opinions to lawfully acquire and possess devices the government unilaterally, unconstitutionally, and improperly decided to reclassify as ‘machineguns’. We are optimistic that the court will act swiftly to protect the rights and property of Americans who own these devices, and once the matter has been fully briefed and considered by the court, that the regulation will be struck down permanently.”

In a January statement, Firearms Policy Coalition said that the federal “DOJ and BATFE clearly lack the statutory authority to re-define the targeted devices as ‘machineguns.’” Following that, in February, FPC also commented that as they “opposed the lawless manner in which President Obama often ruled by ‘pen-and-a-phone’ executive fiat,” they objected to and would fight “President Trump’s outrageous lawlessness here.”

“In its rulemaking, the Trump Administration is attempting to abuse the system, ignore the statutes passed by the Congress, and thumb its nose at the Constitution without regard to the liberty and property rights of Americans. That is unacceptable and dangerous,” explained Adam Kraut, an attorney for the plaintiffs. “It is beyond comprehension that the government would seek establish a precedent that it can arbitrarily redefine terms and subject thousands of people to serious criminal liability and the loss of property.”

Anyone who owns a “bump-stock” device and who would like to consider participating in the case should contact the FPC/FPF Legal Action Hotline at https://www.firearmspolicy.org/hotline or (855) 252-4510 (available 24/7/365) as soon as possible.


Firearms Policy CoalitionFirearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms.

Firearms Policy Foundation (www.firearmsfoundation.org) is a 501(c)3 grassroots nonprofit organization. FPF’s mission is to defend the Constitution of the United States and the People’s rights, privileges and immunities deeply rooted in this Nation’s history and tradition, especially the inalienable, fundamental, and individual right to keep and bear arms.

Madison Society Foundation (www.madison-society.org) is a 501(c)(3) grassroots nonprofit based in California. It promotes and preserves the purposes of the Constitution of the United States, in particular the right to keep and bear arms. MSF provides the general public and its members with education and training on this important right.

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    utdrdaveMikerobert mc connellMichael P DagnallDocduracoat Recent comment authors
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    Mike
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    Mike

    We are in a cold civil war right now.I hope and pray that the court’s decision turns this unconstitutional lawlessness to bed forever. If in anyway this is supported by the justice’s , it has changed the whole dynamics from just being a cold civil war. If this is not shot down permanently and allowed to make FELONS out of MILLIONS of CITIZENS , what do the CITIZENS have to loose if there going to be imprisoned for just owning a firearm. Remember, if this definition is passed as law, THE GOVERNMENT WITH GO AFTER EVERY SEMIAUTOMATIC FIREARM THERE IS.… Read more »

    robert mc connell
    Guest
    robert mc connell

    I recall the N R A Jumping up and down about the Dems Taking our guns and just when you thought it could not get any worse BO BO the Clown appoints a fake Attorney General who is under investigation himself and he re-defines the law himself without any Congressional review or Input, I called the N R A to see what they doing about it and they seemed to Tongue Tied !!!!!!!!!!!!!!! At best those who own the bump stocks by Legal means should be Grand fathered under the Change , But everything coming out of this administration surpasses… Read more »

    Docduracoat
    Guest
    Docduracoat

    I agree with Nick above
    DJT has done more gun control then Obama was able to do in eight years!
    Better to have Democrat president than one who does gun control

    Michael P Dagnall
    Guest
    Michael P Dagnall

    Your out of your mind. And I haven’t heard THE TRUMP ADMINISTRATION once talk about any type of gun ban. I’m almost sure it’s the Ratical left that’s trying to push this bill

    utdrdave
    Guest
    utdrdave

    I agree with you about Pres.Trump. Seem to recall during the last Admin .22 ammo seemed to have dried up on the shelf despite the manufactures running at full capacity. Also, note the price of AR-15’s have dropped under Mr. Trump. This is due to flooding the market because they hoped they would be grandfathered in had Clinton won. I have zero respect for anyone that cannot use the legal name of our President, and uses (in their opinion) cute slang smears instead.

    Richard Pilny
    Guest
    Richard Pilny

    I am definitely disappointed with this decision even though President Trump supposedly appointed two pro 2nd Amendment judges to the Supreme Court. To pass a law that makes honest citizens guilty of a felony is beyond my comprehension. If they had passed a law that made anyone who uses a firearm or bump stock during the commission of a crime punishable by death or life imprisonment I would support that. This law has already been challenged on it’s way to the Supreme Court that hopefully will strike it down. I’m sure it will hurt Pres. Trump in the next election… Read more »

    Freeillinois
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    Freeillinois

    Alex Jones claims the NRA told Trump bump stocks are garbage so he banned them. Comments at the 1;49 mark

    Jeff wood
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    Jeff wood

    someone should probably demonstrate that you can put a large wood dowell in the trigger well of any semi rifle and get the same effect…….oh but wait, that might be a problem also because I own a bunch of wooden dowels in my woodshop and I dont want my wood shop to become a criminal and have to turn in all my wooden dowels? IDIOTS>

    Core
    Guest
    Core

    I hope this is overturned! I don’t support any knee jerk gun control legislation period. Supremacy Clause Article VI: Highest Law of the Land trumps State Constitutions, The Highest Court, all Inferior Courts, and any Judges and Law Makers down to the Lowest Levels of Government: who are not in good standing in adherence to the US Constitution. The Second Amendment is in peril among many other rights: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The United States, Bill of… Read more »

    Paul
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    Paul

    The Second Amendment has already been altered by the addition of two commas, it originally read, and still does Constitutionally.

    “A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”

    Mark Beam
    Guest
    Mark Beam

    This ban of bump stocks amounts to a seizure of private property and is in violation of the Fifth Amendment of the US Constitution. No person may be deprived of private property without due process or just compension. This means that the Federal Government must pay just compensation (i.e. money) foe each, individual bump stock taken.

    Docduracoat
    Guest
    Docduracoat

    Mark, this is long ago settled law.
    They are not “taking” your privately owned, legally acquired property and giving it to someone else.
    If that were the situation then they would have to pay you just compensation.
    What they are doing instead is declaring your property contraband.
    When they declared marijuana and later, cocaine illegal, the government did not go around buying back all the legally acquired marijuana and cocaine.
    The courts have long ago ruled that this is perfectly legal.

    Renfro
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    Renfro

    That’s the New York liberal coming out of Trump

    Bill
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    Bill

    Let’s be realistic- no person is perfect. Trump has done well on his promises, but has missed on what appears to me to be a emotional decision after horrific death in Las Cagas. However his opposition will be next election will be by far worse for gun owners!

    Instead of hate and anger, let us realize that in this imperfect world there is no perfect Ores and pray for the courts to do their job! God bless America!

    Nanashi
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    Nanashi

    No wall, continued attack on the second amendment, no TSA reform, no carrying on base.

    Nah, Trump has been a pretty big failure.

    Phil
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    Phil

    You think Hillary would have been better? Remember, most of the tine we’re voting for the lesser of two evils.

    Wild Bill
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    Wild Bill

    @Nan, Not a big failure. In only two years, gas prices are down. US consumers burn 200 million gallons of gas a day. With prices down $1.25 since Obama, that’s almost $400 million a day in savings to average Americans’. Arrests for gun violations are up 23%, after eight years of declining arrest under Obama. Since 86% of all gun deaths are drug and gang related we’ll see an overall reduction in crime. Black unemployment is the lowest it’s been in 17 years. In 6 month Trump has done more for poor black communities that Obama did in 8 years.… Read more »

    Nick
    Guest
    Nick

    MEMO TO D.J. TRUMP:
    Your breaking promises made which got you elected in 2016, (ERPO’s , border wall, bump stocks,etc)
    Keep this up and you will be “retiring” in January, 2021.

    robert mc connell
    Guest
    robert mc connell

    That Corrupt excuse for a human being will be leaving by other means he is a RUSSIAN ASSET and OPERATIVE IN PLAIN SIGHT !!!!

    Infidel762X51
    Guest
    Infidel762X51

    I guess the new AG must have slept though the part of law school where they covered ex post facto laws.

    Freeillinois
    Guest
    Freeillinois

    Personally I think Bump Stocks are a silly waste of ammunition but I believe Gun owners will not support Trump for re-election over this stupid nonsense.

    Call Alex Jones up and tell old Alex he needs to call his good friend Trump and ask why he is breaking another promise.

    grizzman1
    Guest
    grizzman1

    If “We the People” lose this one, start kissing goodbye to all of your guns! Even one shot guns!
    They are making ‘Law Abiding’ Citizens ‘FELONS’ by actions like this!!!!!!!!!!!!
    President Trump better reverse himself on this, or he will lose a lot of support in the 2020 elections!
    Is he turning back to his DemoTARD ways?
    I thought he was a good guy, for “GOOD GUYS WITH GUNS”!
    Will America, become ameriKa?