Bump stock owners filed the $500,000 lawsuit in March, after a federal reclassification of bump stocks as machine guns effectively outlawed their possession.
The suit, which was led by The Modern Sportsman, a federally licensed firearms dealer, argued that the Bureau of Alcohol, Tobacco, Firearms and Explosives had previously determined that many different types of bump stocks were not machine guns, allowing some to continue to circulate while others had to be destroyed pursuant to the law.
However, Senior Circuit Judge Loren A. Smith found that the government's rule fell within a common exception to the Fifth Amendment: property that is confiscated to advance the government's interest in promoting public safety. Bump stocks entered the national discussion after the Las Vegas shooter, Stephen Paddock, used about a dozen of these devices to supercharge the lethality of his rifles. The attachments helped Paddock secure the largest death toll from a mass shooting in American history: 58 people. Paddock got off 1,057 rounds before taking his own life.
The Supreme Court declined to temporarily delay the new rules, pursuant to a challenge from gun-rights supporters, who had contested the authority of the government to outlaw bump stocks at all.
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