ATF with their over reach told to pound sand.

[M16]

Under the taking clause of the Fifth Amendment, probably not. That is the eminent domain clause that says the government can’t take property for public use without compensation.

nor shall private property be taken for public use, without just compensation

First, they are not forcibly taking it and secondly, it isn’t for public use. They are requiring you to registry it. You have the option to get rid of it so as to avoid registration but that’s a different issue in my opinion.

More than likely any such of a grievance would be under the Fourteenth Amendment and the Due Process clause.

They are not likely going to concede the point however. I’m sure they would deny it, forcing a lawsuit. It would have to be a class action lawsuit because who wants to spend thousands of dollars to force the government to pay you $50 for a brace.

You ask a great question but I don’t think you’ll be able to use the Fifth Amendment taking clause. The Fourteenth Amendment however…..

Interesting perspective as usual. What’s your opinion on the frt triggers. You can’t register them. You either have to give them up or else. You paid your money for a legal item and you should be compensated if the government wants it.

[tvc184]

who is going to buy it?.....if it's illegal. you wanna sell to criminals?

I didn’t say sell it.

I gave my opinion on the question on whether the ATF was “taking” a brace for “public use” under the Fifth Amendment (eminent domain) and would therefore be obligated to compensate.

[hpdrifter]

I didn’t say sell it.

I gave my opinion on the question on whether the ATF was “taking” a brace for “public use” under the Fifth Amendment (eminent domain) and would therefore be obligated to compensate.

no, but you said "get rid of it"....about the same as uncle sam taking it......for nothing if you can't sell it.

[tvc184]

no, but you said "get rid of it"....about the same as uncle sam taking it......for nothing if you can't sell it.

I’m not arguing with your rational. You are correct in that it has the same effect.

The 5A says that if they took it for “public use” then they have to compensate you.

Do you think the ATF is going to agree that they seized your pistol brace for public use under the 5A and will therefore compensate you?

That was the only thing I answered.

[hpdrifter]

I’m not arguing with your rational. You are correct in that it has the same effect.

The 5A says that if they took it for “public use” then they have to compensate you.

Do you think the ATF is going to agree that they seized your pistol brace for public use under the 5A and will therefore compensate you?

That was the only thing I answered.

I realize all of that, but it's just the way you said it.......like they could've got rid of it to avoid the loss.....so it seemed.

some one ought to find a "crack in the system" and claim ex post facto.
you bought something legal, then it's illegal.
yes, I know, they changed the law and gave you a chance to dispose of it, that's why I said a crack in the system.

[tvc184]

Interesting perspective as usual. What’s your opinion on the frt triggers. You can’t register them. You either have to give them up or else. You paid your money for a legal item and you should be compensated if the government wants it.

But they don’t want it. They just don’t want you to have it either.

You would think that if they approved it, they would have to buy if they changed therir mind. Unfortunately, I think nothing short of a lawsuit under the 14th Amendment could remedy that

[tvc184]

I realize all of that, but it's just the way you said it.......like they could've got rid of it to avoid the loss.....so it seemed.

some one ought to find a "crack in the system" and claim ex post facto.
you bought something legal, then it's illegal.
yes, I know, they changed the law and gave you a chance to dispose of it, that's why I said a crack in the system.

I brought up ex post facto back on January 17th.


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