Firearm Accessory Retailer, RW Arms, Moves Forward in Federal Appeals Court After Recent Case Dismissal


FORT WORTH, TX— A notice of appeal was filed November 1st to the United States Court of Appeals regarding a federal judge who dismissed a claim from bump stock retailers. These retailers, including RW Arms, are seeking compensation for the loss of 74,995 bump stocks to the ban which took effect in March.

The case, filed in a Washington, D.C. federal court, argued that the ban’s requirement that bump stocks be surrendered or destroyed within 90 days, with no opportunity for registration, violated the Takings Clause of the Fifth Amendment which states that private property can’t be taken for public use without compensation.

The court saw it differently. “The law is different in this case because the government, as the sovereign, has the power to take property that is dangerous, diseased, or used in criminal activities without compensation,” said Senior Circuit Judge Loren A. Smith in his nine-page ruling. “Here, ATF acted properly within the confines of the limited federal police power.”

The ATF rule change that took effect March 26, 2019 reclassified legally-sold bump stocks as illegal machine guns. In compliance to the new ban, RW Arms destroyed over 73,000 products via American Shredder in Fort Worth, Texas, under the supervision of ATF Agents.

“We feel strongly that the Court got this ruling wrong, and we have filed an appeal to the US Court of Appeals for the Federal Circuit. We recognize there are several errors made by the Judge regarding the facts and law, and we are incredibly concerned with the dangerous precedent it sets,” says Mark Maxwell, RW Arms Co-Founder.

“We will continue the fight for the Second Amendment and property rights of all Americans, against the most well-funded defendant in America, who has a history of changing rules and regulations mid-stride.”

In the meantime, RW Arms and their lawyers are working on generating amicus briefs to support this case from various groups and law professors while the wait on the appellate court to issue a briefing schedule occurs. Industry or gun rights groups are welcome to support the case by submitting a written brief for the cause by contacting press@rwarms.com

About RW Arms

RW Arms is a veteran owned and operated company distributing firearm parts & accessories to customers in the United States. RW Arms offers industry leading firearms accessories and components, including high capacity magazines, performance triggers, scopes and parts for semi-automatic rifles.