by Lee Williams
ATF brokers took two inert RPGs that they had seized from Patrick “Tate” Adamiak’s residence, inserted an RPG coaching machine and a bunch of extra elements, fired just a few 7.62x39mm rounds and categorised them as Harmful Units. Have been it not for these expenses, Adamiak can be a free man.
Nonetheless, the brokers by no means mentioned of their reviews or courtroom testimony that the RPG coaching machine will hearth rounds by itself—with out an RPG even within the room. Additionally, brokers by no means talked about that the ATF itself classifies the RPG coaching machine as a firearm, as a result of it will possibly shoot rifle rounds no matter whether or not it’s connected to an RPG.
In a letter despatched to somebody not concerned in Adamiak’s case, The ATF defined the RPG coaching gadgets.
“The sub-caliber RPG-7 coaching gadgets beforehand evaluated, like those you point out, usually include a barrel chambered in 7.62x39mm, possess a firing mechanism together with a striker, sear, and set off machine. Its meant use is as a subcaliber insert coaching machine for the RPG-7 anti-armor projector. Nonetheless, the design of the machine additionally permits it to be fired with out the usage of an RPG-7,” the ATF mentioned within the letter.
The ATF additionally by no means talked about that the whole machine—an RPG and the 7.62x39mm coaching machine—have been bought to the general public on GunBroker.
“This one’s been modified a bit to paint throughout the traces of the Nationwide Firearms Act of 1934. First, it will possibly’t load or hearth a stay PG-7V or different rocket-propelled grenade spherical, solely the subcaliber machine. Second, ATF interprets a subcaliber machine as a ‘firearm,’ not any particular type of firearm, however putting in it in an RPG-7V, even one which’s been modified in order that it can’t hearth stay rounds, creates a ‘short-barreled rifle,’” a Loadout Room story states.
This supply was not an experiment as as to if ATF would approve the sale. The whole machine had been permitted by ATF’s Firearm Know-how Department, and the vendor had the ATF approval letter, which they included within the equipment.
The “Rocket launcher coaching equipment” got here with the next gadgets:
Aluminum onerous case, with wheels
RPG-7 Rocket Launcher
Optical Sight with comfortable case
Bipod meeting
Sling
PG-7 7.62x39mm Subcaliber Firearm
7.62mm BoreSnake bore cleaner
15 rounds of seven.62x39mm Spotter/Tracer Ammunition
30 rounds of seven.62x39mm Tracer Ammunition
Letter from the ATF which states the launcher will not be a damaging machine
This shoots massive holes into the ATF’s case towards Adamiak.
First, the RPG coaching machine will hearth rifle rounds by itself, even with out an RPG. Second, the ATF categorised the machine and an RPG as authorized for civilian gross sales. Third, the equipment even got here with an ATF letter saying it was authorized and “not a damaging machine.”
To be clear, Adamiak can be a free man have been it not for the Harmful Machine expenses ATF filed towards him for his inert RPGs. They added years to his sentence.
It needs to be famous that Adamiak bought his inert RPGs in California, and he flew residence to the East Coast with them aboard industrial airways, which had no downside with the inert RPGs.
Questionable testing
The federal government’s case towards Adamiak was led by two Assistant U.S. Attorneys, however their foremost witness, ATF Firearm Enforcement Officer Jeffrey R. Bodell, grew to become the true motive why a jury discovered Adamiak responsible, and a federal choose sentenced him to twenty years in jail.
Bodell works out of a small ATF workplace in Martinsburg, West Virginia. He’s assigned to ATF’s Firearms and Ammunition Know-how Division since he was employed in November 2020. Adamiak’s case was the primary time Bodell had ever testified in court docket.
Bodell’s prolonged report particulars how he took elements off of a stay RPG with a view to make Adamiak’s inert RPGs, which he labeled as Exhibit 30, hearth an AK spherical.
“To exhibit the performance of Exhibit 30, I elected to check hearth the Exhibit. I utilized a set off meeting, firing pin, and firing pin spring from an RPG-7 from the NFC and put in these elements in Exhibit 30,” he wrote.
This was needed as a result of Adamiak’s RPGs have been lacking firing pins, firing pin springs, foremost spring, foremost spring rod and hammer. Moreover, that they had a big .39-inch holed bored into the high-pressure chamber space of the exhaust tube, proper have been the operator’s head can be.
One of many authorities’s witnesses even mentioned if fired, the outlet “would take away your head.”
By utilizing the RPG coaching machine, Bodell wrote in his report, he was in a position to hearth three rifle rounds from every of Adamiak’s RPGs.
“Exhibit 30 is a weapon which can be readily transformed to expel a projectile the motion of an explosive or different propellant, the barrel of which has a bore of multiple half inch in diameter. Consequently, Exhibit 30 is a ‘damaging machine’ as outlined,” Bodell wrote in his report.
Nonetheless, Bodell by no means talked about that his RPG coaching machine may hearth rifle rounds if he caught it in a roll of paper towels or a sewer pipe. He additionally by no means admitted that the RPG coaching machine may hearth stay rounds utterly by itself.
This was not misplaced on Adamiak.
“Sadly, the ATF determined to take my inert RPGs to their lab, utterly rebuild them with elements off of their very own actual RPG, and exhibit that they might work by taking pictures a .30 cal. coaching spherical in a self-contained firing mechanism. They basically inserted a bolt motion rifle into the tube that appears like a rocket, fired one shot, after which mentioned it’s a Harmful Machine,” Adamiak mentioned Monday.
Each RPGs have been displayed overtly in Adamiak’s residence for practically a decade. He by no means even thought of them to be unlawful. His former trial attorneys really advised Adamiak that they have been glad he was charged with the RPGs as a result of it was such a ridiculous declare that it might injury the ATF’s credibility and no affordable jury would convict him for the “toys.”
The general public now is aware of that ATF’s RPG coaching machine can hearth stay rifle rounds utterly by itself, with out an RPG, and that the machine itself—and an RPG—are authorized for civilian gross sales. The equipment even got here with an ATF letter stating it was “not a damaging machine.”
The query then turns into why Adamiak remains to be in jail for the subsequent 17 years. In different phrases, why was Adamiak charged for authorized inert gadgets which can be bought for money with no ID wanted at practically each massive gun present?
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