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Akins Accelerator district court ruling
Pdf of ruling here. As I understand it, the Akins involves letting the action slide in the stock so that the trigger essentially pushes itself against the finger, firing as fast as the device can cycle. ATF initially ruled that an Akins-equipped firearm was not a Title II since the trigger is pulled once for every shot. Then, after Akins began production, ATF reconsidered and ruled that it was a Title II since once the trigger is first pulled, it will continue firing until it runs out of ammo or you consciously "release" the trigger by moving your finger away. The court rules with ATF's last position.
Comments
bfs
Posted by: straightarrow at October 10, 2008 05:09 PM
Did anyone expect them to rule differently? Again, this is an example of the problem with government regulation of a right. You get all sorts of creative attempts to outsmart a law that shouldn't be there in the first place.
Posted by: Deavis at October 10, 2008 05:15 PM
so is my belt loop on my pants also a title II?
Posted by: jon at October 10, 2008 05:32 PM
No, your belt loop is not, but the ATF has ruled that your shoe string is if you tie a loop in each end. Of course then they reversed that. Made them look silly...go figure.
Posted by: Chuck at October 10, 2008 05:50 PM
To me the bigger issue is that the Atkins people relied upon the original ATF written opinion and invested money, only to have ATF put them under by reversing themselves.
Posted by: Jim at October 10, 2008 06:24 PM
While I absolutely no hard evidence to support it, I wouldn't be the least surprised if some higher up at ATF looked at the original application and said to himself, "this guy is trying to find a legal way to do an end run on us; let's show him and the rest to just get with the program. We'll approve his application, then when he's in hock up to his eyeballs producing these, we'll reverse our position, cause problems for all his customers (since they're part of the problem), and bankrupt him." As I said, no evidence, but a still sneaking suspicion.
Posted by: Ken at October 10, 2008 06:32 PM
I agree with Jim--I would have no problem if the Accelerator was initially banned, or if they had begun manufacture without getting a ruling first and had trouble. I do have a problem with getting a ruling to have it changed by the same people who made it in the first place.
Posted by: Sevesteen at October 10, 2008 07:32 PM
Ken, that was my first thought as well--that he was set up to fail.
Though it could still be attributable to sheer incompetence.
Either way, the ATF needs a thorough F5 housecleaning.
Posted by: Black at October 11, 2008 09:10 AM
Housecleaning my aching ass, they need to be disbanded and their personnel need to be barred from any association with law enforcement employment for life.
Posted by: straightarrow at October 11, 2008 03:22 PM
"ATF reconsidered and ruled that it was a Title II since once the trigger is first pulled, it will continue firing until it runs out of ammo or you consciously "release" the trigger by moving your finger away."
Your above quote of the ATF ruling, just described any semi automatic firearm capable of bumpfiring. The case is being appealed.
Posted by: Bill at October 12, 2008 06:11 AM
If you think the courts are hostile to gun-rights now, you haven't seen anything yet. Just wait until Obama has a chance to pack the federal judiciary.
Posted by: Brad at October 12, 2008 06:21 PM
Come on give me a brake guys. Not everyone can be perfect like all of you are. This is what happened. They looked the application in and went “It’s just another gimmick that will kind of work”. Then latter realized it functionary makes a machinegun. They did what all of us have done at work. They messed up.
O and don’t give me any of that your just a liberal blanket statement. I love my guns just as much as the next guy. The fact is that they knew the devices approval was a mistake and was trying to purposely get around a law. They knew this was part of the risk.
Posted by: joe at December 29, 2008 03:00 PM
