Receipt number 9998-5284154 IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE MODERN SPORTSMAN, LLC, Plaintiff, v. 19-449 C No. _______________________ THE UNITED STATES, Defendant. COMPLAINT NATURE OF THE CLAIM 1. Plaintiff brings its claim for a taking of its property without just compensation, by means of the reversal of the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ determination that bump-fire stocks, slide-fire devices, and devices with certain similar characteristics (collectively referred to as “bump-stocks”) are a firearm part and, thus, not regulated as a firearm under the Gun Control Act of 1968 (“GCA”) or the National Firearms Act of 1934 (“NFA”). 2. Specifically, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) published a Notice of Proposed Rulemaking (“NPR”) in the Federal Register on March 29, 2018, 83 FR 13422. In the NPR, the ATF proposed an amendment to its regulations that would reverse its previous determinations that bump-stocks are a firearm part and not subject to federal regulation. 3. The ATF’s NPR was an initial step to substantively, through fiat regulation, redefine bump-stocks as “machineguns” under the NFA and GCA. 1 4. The NPR, 83 FR 13422, was an abrupt reversal of clear ATF guidance that was followed by hundreds-of-thousands of law-abiding citizens and retailers who legally purchased bump-stocks as an accessory over more than an eight-year period. 5. More than ten previous classification decisions from the ATF have classified bump-stocks as a firearm part or accessory, which hundreds-of-thousands of citizens relied on when purchasing these devices. 6. Because the ATF has long classified bump-stocks as mere firearm accessories, owners of devices classified as firearm accessories had an investment-backed expectation in their bump-stocks as firearm parts. 7. On December 26, 2018, the ATF published its final rule in the federal register, 83 FR 66514, amending 27 CFR parts 447, 478, and 479, retroactively redefining bump-fire stocks as “machineguns” under the NFA and GCA. 8. Moreover, the final rule incredibly requires that previously lawful owners destroy or surrender the device within 90-days without offering compensation. On March 20, 2019, Plaintiff destroyed the 1,479 bump-fire stocks in its possession in accordance with the final rule. 9. The final rule’s unprecedented requirement that bump-stocks be surrendered or destroyed within a 90-day period, with no opportunity for registration, effected a taking under the 5th Amendment of the United States Constitution. PARTIES 10. Plaintiff, The Modern Sportsman, LLC, is a corporation duly organized and existing under the laws of the state of Minnesota, with its principal place of business at 3541 County Road 42 West, Burnsville, Minnesota 55306. The Modern Sportsman, LLC, is a registered FFL firearms dealer. It is also a retailer of firearms, optics, ammunition, and firearm 2 parts and accessories. The Modern Sportsman, LLC, also regularly rents firearms at its range, including fully automatic weapons, to enthusiasts. 11. Prior to the filling of this complaint, Plaintiff had a property interest in 1,479 bump-stock devices. As detailed herein, Plaintiff suffered a taking as a result of the ATF’s amendment of 27 CFR parts 447.11, 478.11, and 479.11, requiring it to destroy or surrender its bump-fire devices. JURISDICTION AND VENUE 12. This Complaint states causes of action for taking of property without just compensation in violation of the Fifth Amendment to the United States Constitution. The Court has jurisdiction over this action under the Tucker Act, 28 U.S.C. § 1491(a). 13. Venue is proper in the United States Court of Federal Claims pursuant to 28 U.S.C. § 1491(a). FACTUAL BACKGROUND 14. The Attorney General is responsible for enforcing the GCA, as amended, and the NFA, as amended. This includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. 15. The Attorney General has delegated the responsibility for administering and enforcing the GCA and NFA to the Director of the ATF, subject to the direction of the Attorney General and the Deputy Attorney General. 16. The Department and ATF have promulgated regulations implementing both the GCA and the NFA. 3 17. As the primary authority for administering and enforcing the GCA and NFA, manufactures, retailers, and the public alike have relied on the ATF for classification decisions on new bump-stock-type devices. 18. In 2006, the ATF concluded that certain spring-loaded devices were classified as machineguns under the GCA and NFA. 19. Specifically, the ATF concluded that certain devices attached to semi-automatic firearms that use an internal spring to harness the force of the recoil so that the firearm shoots more than one shot with a single pull of the trigger are machineguns. 20. One such bump-stock-type device that relied on internal springs and was classified as a machinegun was the Akins Accelerator. 21. After reclassification, the ATF advised individuals who had purchased the Akins Accelerator that they had the option of removing the internal spring, thereby placing the device outside the classification of machinegun and allowing the purchaser/possessor to retain the device in lieu of destroying or surrendering the device. 22. Between 2008 and 2017 the ATF also issued many classification decisions concluding that certain other bump-stock-type devices, that did not rely on springs, were not machineguns. 23. The ATF indicated that semiautomatic firearms modified with these bump-stock- type devices did not fire “automatically,” and were thus not “machineguns,” because the devices did not rely on internal springs or similar mechanical parts to channel recoil energy. 24. The ATF classified these bumps-stock devices as firearm accessories which are not subject to regulation. 4 COUNT I (FIFTH AMENDMENT TAKING) 25. On December 26, 2018, the ATF amended 27 CFR parts 447.11, 478.11, and 479.11, retroactively redefining bump-fire stocks as “machineguns” under the NFA and GCA. 26. The amended regulations have destroyed all economic value and all investment- backed expectations in plaintiffs’ bump-stocks. 27. Bump-stocks that were once legally owned, and unregulated, firearm accessories by Plaintiff are now considered machineguns under the NFA and cannot be lawfully possessed, transported, donated, or devised. 28. Bump-stock devices possessed by individuals were required to be destroyed or surrendered to the ATF within 90-days of the effective date of the regulation, March 26, 2019 29. The ATF’s website explains that bump-fire devices can be surrendered to a local ATF office or destroyed. 30. The website also explains how to properly destroy a bump-stock, see Exhibit 1. 31. Indeed, the final rule states “any method of destruction must render the device so that it is not readily restorable to a firing condition or is otherwise reduced to scrap.” 32. In the event of destruction, the final rule also states that after the stock is reduced to scrap, an owner must “throw the pieces away.” 33. Plaintiff destroyed and discarded the resulting scrap from 1,479 bump-fire stocks pursuant to the final rule. 34. A federal law or regulation that requires previously lawful owners of property to destroy or surrender said property, without just compensation, is unprecedented in the history of the United States. 5 35. Unlike individual states, the federal government does not have a plenary police 36. The amended regulation effectively took plaintiffs property without just power. compensation. 37. The ATF took Plaintiff’s property for a public purpose. 38. The ATF’s regulation has prohibited private uses. 39. The ATF’s actions are attributable to the United States. 40. The United States government has not provided Plaintiff with just compensation for the taking of Plaintiff’s property. 6 PRAYER FOR RELIEF WHEREFORE, Plaintiff, prays for relief pursuant to each cause of action set forth in this Complaint as follows: A. For an order finding that Defendant took Plaintiff’s property without just compensation in violation of the Fifth Amendment of the United States Constitution; B. For Judgment entered against the Defendants and in favor of Plaintiff for compensation for the property right taken from them, together with the costs of suit, including reasonable attorneys’ fees and interest; C. That Plaintiff be awarded just compensation for their deprivation and losses; D. That Plaintiff have such other, further, and different relief as the case may require and the Court may deem just and proper under the circumstances. Dated: March 26, 2019 Respectfully Submitted, Ethan A. Flint, Attorney of Record Adam M. Riley, Of Counsel Flint Law Firm, LLC 222 E. Park St., Suite 500 P.O. Box 189 Edwardsville, IL 62025 T: (618) 288-4777 F: (618) 288-2864 eflint@flintlaw.com ariley@flintlaw.com 7 Clear Form In The United States Court of Federal Claims Cover Sheet 19-449 C Plaintiff(s) or Petitioner(s) Names: Location of Plaintiff(s)/Petitioner(s) (city/state): (If this is a multi-plaintiff case, pursuant to RCFC 20(a), please use a separate sheet to list additional plaintiffs.) Name of the attorney of record (See RCFC 83.1(c)): Firm Name: Flint Law Firm LLC Contact information for pro se plaintiff/petitioner or attorney of record: Post Office Box: Street Address: 222 E. Park St., Suite 500 City-State-ZIP: Edwardsville, IL 62026 Telephone & Facsimile Numbers: T: (618) 288-4777 F (618) 288-2864 E-mail Address: eflint@flintlaw.com □ Yes Is the attorney of record admitted to the Court of Federal Claims Bar? □ No Nature of Suit Code: Agency Identification Code: ___________________ Select only one (three digit) nature-of-suit code from the attached sheet. Number of Claims Involved: Amount Claimed: $ Use estimate if specific amount is not pleaded. Bid Protest Case (required for NOS 138 and 140): Indicate approximate dollar amount of procurement at issue: $ Is plaintiff a small business? □ Yes □ No Was this action preceded by the filing of a protest before the GAO? □ Yes □ No If yes, was a decision on the merits rendered? □ Yes □ No Income Tax (Partnership) Case: Identify partnership or partnership group: _________________________________________ Takings Case: Specify Location of Property (city/state): Vaccine Case: Date of Vaccination: Related Case: Is this case directly related to any pending or previously filed case(s) in the United States Court of Federal Claims? If yes, you are required to file a separate notice of directly related case(s). See RCFC 40.2. 178 □ Yes □ No Nature-of-Suit Codes for General Jurisdiction Cases 100 102 104 106 108 110 112 114 116 118 Contract - Construction - (CDA) Contract - Fail to Award - (CDA) Contract - Lease - (CDA) Contract - Maintenance - (CDA) Contract - Renovation - (CDA) Contract - Repair - (CDA) Contract - Sale - (CDA) Contract - Service - (CDA) Contract - Supply - (CDA) Contract - Other - (CDA) 120 122 124 125 126 128 130 132 134 Contract - Bailment Contract - Bid Preparation Costs Contract - Medicare Act Contract - Affordable Care Act Contract - Realty Sale Contract - Subsidy Contract - Surety Contract - Timber Sale Contract - Other 136 Contract - Other - Wunderlich 138 Contract - Protest (Pre Award) 140 Contract - Protest (Post Award) 200 Tax - Allowance of Interest 202 Tax - Declaratory Judgment - 28:1507 204 Tax - Estate 206 208 210 212 213 214 216 218 220 222 224 226 300 302 303 304 306 308 310 312 340 342 344 346 Tax - Excise Tax - Gift Tax - Income, Corporate Tax - Income, Individual Tax - Income, Individual (Partnership) Tax - Informer’s Fees Tax - Preparer’s Penalty Tax - Railroad Retirement/Unemployment Tax Act Tax - TEFRA Partnership - 28:1508 Tax - Windfall Profit Overpayment - Interest Tax - 100% Penalty - 26:6672 Withholding Tax - Other 348 350 352 354 356 Military Pay - Reinstatement Military Pay - Relocation Expenses Military Pay - Retirement Military Pay - SBP Military Pay - Other 500 502 504 506 507 508 509 510 512 513 514 515 516 518 520 522 Carrier - transportation Copyright Native American Oil Spill Clean Up Taking - Town Bluff Dam Patent Taking - Addicks & Barker Reservoirs Taking - Personalty Taking - Realty Taking - Rails to Trails Taking - Other Unjust Conviction and Imprisonment Miscellaneous - Damages Miscellaneous - Lease Miscellaneous - Mineral Leasing Act Miscellaneous - Oyster Growers Damages Miscellaneous - Safety Off. Ben. Act Miscellaneous - Royalty/Penalty Gas Production Miscellaneous - Other Informer’s Reward Spent Nuclear Fuel 477 478 479 480 481 482 483 487 488 489 491 493 495 497 499 Death - Pertussis Death - Polio - inactive Death - Polio - other Death - Rubella Death - Tetanus & Diphtheria Death - Tetanus & Tox. Death - Other Death - Hepatitus B Death - Hemophilus Influenzae Death - Varicella Death - Rotavirus Death - Thimerosal Death - Trivalent Influenzae Death - Meningococcal Death - Human Papillomavirus Civilian Pay - Back Pay Civilian Pay - COLA Civilian Pay - Disability Annuity Civilian Pay - FLSA Civilian Pay - Overtime Compensation Civilian Pay - Relocation Expenses Civilian Pay - Suggestion Award 524 Civilian Pay - Other 526 Military Pay - Back Pay 528 Military Pay - CHAMPUS 535 Military Pay - Correct records 536 Military Pay - Correct/Reinstate Nature-of-Suit Codes for Vaccine Cases 449 453 456 457 458 459 460 461 462 463 464 465 466 467 468 469 484 Injury - Hepatitis A Injury - Pneumococcal Conjugate Injury - DPT & Polio Injury - D/T Injury - DTP/DPT Injury - Measles Injury - M/M/R Injury - Measles/Rubella Injury - Mumps Injury - Pertussis Injury - Polio - inactive Injury - Polio - other Injury - Rubella Injury - Tetanus & Diphtheria Injury - Tetanus & Tox. Injury - Other Injury - Hepatitis B 485 486 490 492 494 496 498 Injury - Hemophilus Influenzae Injury - Varicella Injury - Rotavirus Injury - Thimerosal Injury - Trivalent Influenzae Injury - Meningococcal Injury - Human Papillomavirus 452 454 470 471 472 473 474 475 476 Death - Hepatitis A Death - Pneumococcal Conjugate Death - DPT & Polio Death - D/T Death - DTP/DPT Death - Measles Death - M/M/R Death - Measles/Rubella Death - Mumps 179 AGENCY CODES AGR Agriculture TRN Department of Transportation AF Air Force TRE Department of Treasury ARM Army VA Department of Veterans Affairs AEC Atomic Energy Commission VAR Various Agencies COM Department of Commerce O Other DOD Department of Defense DOE Department of Energy ED Department of Education EPA Environmental Protection Agency GPO Government Printing Office GSA General Services Administration HHS Health and Human Services HLS Homeland Security HUD Housing and Urban Development DOI Department of the Interior ICC Interstate Commerce Commission DOJ Department of Justice LAB Department of Labor MC Marine Corps NAS National Aeronautical Space Agency NAV Navy NRC Nuclear Regulatory Commission PS Postal Service STA State Department SBA Small Business Administration 180 EXHIBIT 1 Bump Stock Destruction Instructions • For destruction, regardless of manufacturer or model, a Bump Stock must be made incapable of being readily restored to its intended function by, e.g., crushing, melting or shredding the Bump Stock. • Bump stocks may also be destroyed by cutting, so long as the Bump Stock is completely severed in the areas constituting critical design features, denoted by the red lines in the specific model of Bump Stock destruction diagrams that follow. • The Bump Stock must be completely severed in each area indicated by the red line. • Destroying a Bump Stock using any other method may be legally insufficient, such that continued possession of the device may violate 18 U.S.C. 922(o). Exhibit 1 Page 1 of 18 Slide Fire Solutions Bump Stock Slide Fire Solutions Stock Assembly Interface Block Exhibit 1 Page 2 of 18 Slide Fire Solutions Bump?Stock Exhibit 1 Page 3 of 18 Bump Fire Systems AR Bump Fire Stock Exhibit 1 Page 4 of 18 Bump Fire Systems AK Bump Fire Stock Exhibit 1 Page 5 of 18 Exhibit 1 Page 6 of 18 and screw 10-24 machine screw. Exhibit 1 Page 7 of 18 Vincent Troncoso Bump Fire Device Exhibit 1 Page 8 of 18 Exhibit 1 Page 9 of 18 Paul Ruble 10/22 Bump Fire Stock Exhibit 1 Page 10 of 18 Slide Fire Solutions, AR Pistol Bump Fire Device Exhibit 1 Page 11 of 18 6 JT Grip Solutions, Bump Fire Grips 303318 AR-Type AK-Type Exhibit 1 Page 12 of 18 Ramlake, LLC, AK Bump Stock Device . .16: . ?1 $1.135" I \zll? . .15? :1 - #1 1" 1 Exhibit 1 Page 13 of 18 A 0 In a Exhibit 1 Page 14 of 18 Michael Foeller AK Bump Stock Exhibit 1 Page 15 of 18 James Erskine Hailstorm Bump Stock Exhibit 1 Page 16 of 18 David Compton Bump Fire Stock 74544 Exhibit 1 Page 17 of 18 DeWitt Chuckbuster Bump Fire Grip ':41'3 ?n if, 23 .3 ?73: Exhibit 1 Page 18 of 18