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. Here, ATF acted properly within the confines
of the limited federal police power. In nearly all cases, if the government confiscated a gun
legally possessed by a person not committing a crime, the government would have to pay just
compensation or return the gun. Importantly, however, guns are protected by the Second
Amendment of the Constitution, but machineguns are not, as the crime waves of the 1920s and
1930s convinced Congress that machineguns do not fall within the scope of protections offered
by the Second Amendment.
the government, as the sovereign, has the power to take property that is dangerous, diseased, or used in criminal activities without compensation.