Innovator Enterprises wins summary judgement against ATF (Read 4069 times)

edster48

Innovator Enterprises wins summary judgement against ATF
« on: March 28, 2014, 07:33:21 AM »
Well the firearms community does have some allies!
The DC district court just gave the ATF a smackdown in a ruling for Innovator Enterprises muzzle brake technology that they had ruled was a "suppressor" because it had 3 of the 6 supposed "characteristics" they consider being part of a suppression device.

Check it out http://www.courthousenews.com/2014/03/20/66348.htm
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

punaperson

Re: Innovator Enterprises wins summary judgement against ATF
« Reply #1 on: March 28, 2014, 08:37:32 AM »
It's hard to believe that any government agency, let alone the highly esteemed BATFE, would be guilty of "arbitrary and capricious" rulings and regulations. [/sarcasm]

The real problem is that the judge then remanded the ruling back to the BATFE to render a ruling using a "rational" methodology. I'm sure they could have done that the first time. How many more times will the manufacturer of this device have to expensively and time-consumingly litigate this question? I'm sure the BATFE is in no hurry to "get it right", as they have unlimited tax-payer dollars and unlimited time with their bureaucratic civil service jobs to take as long as they want to obstruct this private company. And as we've seen with Fast and Furious these bureaucrats face no penalties or punishments for egregious transgressions of the law, even transgressions that result in the deaths of many people, including U.S. Border Patrol agent Brian Terry.

Another question, of course, is how ruling "suppressors" mostly illegal is NOT "arbitrary and capricious". Where are the legitimate studies showing the legalizing suppressors would further crime? There are plenty of studies showing that suppressors are effective hearing safety devices. Most of these laws enforced by BATFE have no rational basis ("barrel shroud" anyone?).

Of course the real question is why the BATFE even exists. Aren't there enough other government agencies to enforce all the "gun control" laws? So they can run guns to Mexican drug cartels and then lie about it? This agency serves mostly to deny American citizens their liberties via intimidation and the enforcement of "arbitrary and capricious" rulings. Welcome to America, papers please.

SpeedTek

  • Trade Count: (+44)
  • Hero Member
  • *****
  • Posts: 4749
  • Total likes: 126
  • Car Nut, Machinist, Gunsmith & Monkey
  • Referrals: 2
    • View Profile
    • X-Ring on the WWW
Re: Innovator Enterprises wins summary judgement against ATF
« Reply #2 on: March 28, 2014, 08:52:32 AM »
 :needpics:
Political Correctness is FOS
I collect M1 Carbines, PM me if youre selling!
& Bolt Action 308s also 10/22 Rugers.
Buying STOCK Ruger 10/22 parts and bits, PM me.
Now doing Vintage VW Parts!

SpeedTek

  • Trade Count: (+44)
  • Hero Member
  • *****
  • Posts: 4749
  • Total likes: 126
  • Car Nut, Machinist, Gunsmith & Monkey
  • Referrals: 2
    • View Profile
    • X-Ring on the WWW
Re: Innovator Enterprises wins summary judgement against ATF
« Reply #3 on: March 28, 2014, 08:54:02 AM »
I see it as questionable....or how the ATF would interpret it as a Silencer
Political Correctness is FOS
I collect M1 Carbines, PM me if youre selling!
& Bolt Action 308s also 10/22 Rugers.
Buying STOCK Ruger 10/22 parts and bits, PM me.
Now doing Vintage VW Parts!

macsak

Re: Innovator Enterprises wins summary judgement against ATF
« Reply #4 on: March 28, 2014, 08:54:49 AM »
:needpics:

thanks speed
looks more like a suppressor than a muzzle break to me

jaynick

Re: Innovator Enterprises wins summary judgement against ATF
« Reply #5 on: March 28, 2014, 09:30:39 AM »
from the drawing it looks like that ferfrans muzzle brake with their qd 'concussion shield' attachment.
the optional outer shield is to direct the noise n blast forward like a linear comp, while still giving you the ability to run just a muzzle brake for better recoil control and follow up shots.
idk anything about this one but these designs in general are front heavy and the muzzlebrake efficiency goes way down when the attachment is on. only thing that impressed me was when he shot prone on his side in the promo video and all the dust kicked forward and away from him. without the shield thing he caught a mouthful of dirt and rocks.

Growler67

Practice does NOT make perfect. Perfection is an Ideal and thus cannot exist in the real world. To seek perfection is to set yourself up for failure. Instead, strive for Excellence. Excellence is an attainable goal - Coach George Yamamoto, Mililani High School, RIP