A man loaned his AR-15 rifle to a friend to take it to the gun range for some target practice. Nothing strange or unusual here, a good friend wants to use a rifle, ok just make sure to clean it before you give it back. Evidently however the firearm malfunctioned and fired a burst before jamming.
His home was searched without a warrant, with standard “Jack-Booted Thug” tactics. Testing of the firearm even indicated that it was not a “machinegun” by definition. Unsatisfied with their tests they repeated them and discovered that there was a malfunction, a hammer follow, which caused it to fire multiple rounds.
The whole case stinks to high heaven and from experience I know what it’s like to be prosecuted for a felony that is complete and utter B.S. Luckily mine wasn’t firearm related and was eventually dropped, however my case was another incident of someone not having much to do and wanting to make a name for himself.
The BATFE even realized the futility of their argument by the way they prosecuted the case. Instead of charging the owner with possession of an unregistered machine gun, or any of the other crimes pertaining to machine guns they went with transferring. Why? Because proving that a transfer occurred is a very easy task, and the BATFE is the group responsible for determining if it’s a machine gun, it backs the owner into a corner, and allows the BATFE to do whatever they please.
“At the request of the local ATF agent, the FTB tested the gun a second time using a brand of .223 ammunition known for having sensitive primers. Those tests resulted in intermittent, unregulated, automatic fire and jamming due to hammer-follow, but this time the FTB concluded that, under strict interpretation of the law, the gun´s malfunction did make it a machinegun.”
I find this more of engineering for a failure as opposed to an actual failure. Spend enough time you can always come up with a method to make something fail without modification. If you put in the incorrect ammunition and the weapon explodes throwing shrapnel doe it qualifies as a pipe bomb? I only ask because the barrel acts as a pipe, and the powder causes the explosion, and the pipe eventually fragments causing injury. Seriously the Jack Booted Thugs need to be done away with, along with the FBI. Instead of actually going after people who intend to do harm to normal, productive, law-abiding citizens they instead feel it necessary to attack and imprison those who are productive for society. That failure is exactly that, failure and nothing more. Why are they so obsessed with attacking non-violent otherwise law abiding member of society, maybe it’s because we don’t refer to them as our more holy than thou saviors.