No, but if they do that, they are not requiring you to either destroy or turn in the vehicle. You continue to own and possess it. You just can't drive it. And, you can remedy the situation by paying for whatever needs doing to pass the emissions test, and then get the vehicle registered and begin driving it again. If modifications are required, it is still a vehicle when you’re done. Apple to oranges, my man. Under the proposed rule:
- You don’t get to retain ownership of the stock.
- You must either turn it in or destroy it.
- You can’t register it.
- You can’t modify it to bring it into compliance with the law in any way that will keep it a bumpstock.
- Ergo, you are being deprived of a legally purchased bumpstock, without compensation or relief under due process.
When the 18th Amendment and the Volstead Act were passed, individual ownership of spirits was not illegalized. You couldn’t traffic in spirits. You couldn’t make more for commercial sale. But you COULD make small amounts for personal consumption....200 gallons/year of beer or wine, IIRC. You could buy booze from drugstores with a doctor’s prescription. In fact, a prominent gentlemen’s club in NYC set about purchasing a 5 year supply of booze for its wealthy members before the act went into effect, figuring that a 5 year supply would get them through to repeal. As long as the club had their supply, its members could drink as much as they wanted because they weren’t paying for it directly. It belonged to the club, and was legally purchased before the law went into effect.
The proposed ATF reg is NOTHING like prohibition either.