Bill Akins & BATFE headed to court.

[VUPDblue]

I thought you guys would be interested in keeping up on the latest of this saga.

The below has just been released to various 2nd amendment and firearm sites online.

There have been numerous inaccuracies online regarding the recent federal district court order granting the ATF's motion to dismiss my case without hearing it. Until now, people have only had access to and read the federal district court's order and have not seen all the briefs and pleadings regarding the case and therefore could not possibly understand the case and its issues.

In my continuing effort to inform former customers, supporters of the 2nd amendment and the firearms community at large, I have asked my attorney John Monroe to post and make available a link to all briefs and pleadings concerning the case. There is much I would like to be able to say, but since we are appealing the case to the 11th Circuit Court of Appeals, I cannot answer any questions nor comment on any particulars of the case at this time. All the briefs and pleadings for the federal district court case are contained in the below link with the exception of over 160 pages of discovery information of which many of the pertinent points are covered in the briefs and pleadings. All people have to do is read it. Hopefully this will clear up any misconceptions and misinformation currently existing online. Please feel free to disburse this at your website or any online site. Here is the link....

http://www.georgiapacking.org/docs/akins2/

Sincerely, Bill Akins

 

[Rookie]

If I'm reading the dismissal order correctly, the court agreed that, by definition, it's semi-auto, but they still agreed with ATF. Or did I read that completely wrong?

 

[VUPDblue]

that is how I read it too. clear as mud.

 

[Hop]

It's pretty clear that the court is allowing ATF to adjust the meaning of a machine gun to include anything that makes a weapon fire quicker (all to protect the general public of course). If caffeine makes you twitch so you can fire a gun rapidly then ATF will declare caffeine a machine gun.

 

[am94pm]

VUPDblue,

Thanks for the update. I had almost purchased one, but ATF stopped them from selling just before I purchased.

 

[VUPDblue]

I honestly and truely believe that Bill Akins has a leg to stand on. Not because I think what he has is "not a machinegun", but because ATF said it was not, then renegged and ruined him financially. He did the right thing and followed the rules, then the rules were changed out from under him.

 

[IUGradStudent]

If I'm reading the dismissal order correctly, the court agreed that, by definition, it's semi-auto, but they still agreed with ATF. Or did I read that completely wrong?

My reading of it is that they're arguing "single function of the trigger" can also mean "single pull of the trigger" and that the Akins Accelerator makes the gun continuously fire bullets until the "single pull" is consciously ended.

They admit that this is a "new interpretation" of the phrase "single function of the trigger" but that this interpretation is "necessary to protect the public from dangerous firearms." That's pretty pure BS now ain't it?

 

[Clay]

anyone have cliffs notes free from all the legaleze of what this case is about?

 

[VUPDblue]

Here's the Cliff's Notes version:
Bill Akins and The Akins Group came up with this invention which is a replacement riflestock that has a spring in it which is attached to the action of a 10/22 rifle. When you pull the trigger, the action recoils in the stock, moving backward about 1". When the action rebounds (and if your trigger finger remains at it's rearward most travel) the trigger hits your stationary finger and cycles the action again. This sustained fire is very similar to machinegun fire, yet it doesn't technically meet the legal definition of machinegun because each round is fired with a seperate trigger-pull. The Akins Group submitted a sample of their product to BATFE for a ruling on whether it was legally a machinegun. BATFE responded (after examining the product) that it was not a machinegun because each trigger pull was independent. The Akins Group began full-scale manufacturing and retailing of these stocks known as The Accelerator. After a year or so, BATFE changed it's mind and declared the stocks to be machineguns and ordered The Akins Group to cease production and for all owners to surrender part of their stock, rendering them inoperable. The stocks retailed for like $1400, so owners were out that money and The Akins Group was out all their business costs and could no longer produce their product. They are now taking BATFE to court over this.

 

[Clay]

Thanks!!

 

[techres]

The device is basically an assisted, controllable bumpfire. Soon belt loops will be machineguns.

And yes, the BS of changing the standard is bunk. The suit should win on that alone.

 

[Scutter01]

And yes, the BS of changing the standard is bunk. The suit should win on that alone.

We should just repeal the NFA and then none of this would even be an issue.

 

[in812]

We should just repeal the NFA and then none of this would even be an issue.

OH YES !!!!!
where do i sign the petition !!!!

 

[Scutter01]

OH YES !!!!!
where do i sign the petition !!!!

Forget the petition. You start by writing letters to your congresscritters.