I think you may have to check the text again? The 5th amendment says you get due process, and requires compensation if something is taken for “public use”.
Passing a law which you can challenge in court that says “machine guns are illegal now, turn them in so we can melt them down for scrap” is not public use.
You can pretty clearly see this isn’t the case. Prior to the reversal of the bump stock ban, owners of bump stocks were required to surrender or destroy them.
That's because the state argued they were unregistered machine guns, thus never legally held property. It is not at all comparable to legal, stamped machine guns then being made illegal.
The EO couldn't have forced an uncompensated surrender of a registered bump stock, were it one existed before the Hughes Amendment.
The case law I’m seeing does not seem to provide that level of certainty.
There’s plenty of flexibility in the case law for what counts as “public use”, but nearly all of it is about individual cases where the government takes a specific person’s specific property, or damages it in some way. There doesn’t appear to be much case law at all for the guardrails if the government declares an object to be illegal to possess writ large for safety purposes and requires owners to destroy or surrender those objects.
I’m not saying there’s no path where the courts would require compensation, but for the level of certainty you’re claiming, I’d expect there to be a more clear line you can draw to existing cases.
It's wild to claim with certainty "clearly see that's not the case" then just claim you're just uncertain here.
My initial claim in any case was that the constitution requires the compensation, not that there is 0% chance the government would violate the constitution.
I’m saying: I am certain the constitution does not guarantee payment in this situation. I am not certain a court couldn’t find a way to connect the takings clause and expand current case law to apply to a case like you’re describing in the future.
None of the above has anything to do with the government violating the constitution.
Passing a law which you can challenge in court that says “machine guns are illegal now, turn them in so we can melt them down for scrap” is not public use.