Of course the remedy will be that the ATF will be overruled for not following Due Process in its adjudication. They will then hold a hearing and make an adverse decision that will be subject to a very low standard of review by courts.
The deck is really stacked against Akins, which is why ATF didn’t even bother to follow the rules. It just means you fight longer before losing.
I still think Akins could win this, but it will take quite a while.
It’s a loser. The complaint is basically idiotic. “Eminent domain” for crying out loud? Face the truth, guys. Akins is a scam. It sold you something that it was not supposed to sell you, lived off of, if not gotten rich from, your money, and “screw you” if you’re now facing ten years in prison if you want to hold on to what it sold you. The company has been dissolved. Where will you get your money back?
Well he won’t get anywhere monetarywise but he has a good chance of getting the decision overturned. The one bullet fired per one trigger pull standard is pretty clear.
Akins is a scam. It sold you something that it was not supposed to sell you, lived off of, if not gotten rich from, your money, and “screw you” if you’re now facing ten years in prison if you want to hold on to what it sold you. The company has been dissolved. Where will you get your money back?
Try reading that complaint again. 3 years after the Government said ok to production, the government then shut it down. Are you actually suggesting Akins wanted it this way?
There are plenty of other similar type devices that are not machine guns.
You are worried about getting money back… I wonder how much money Akins and those investors lost because of the Government?
Akins did not cut and run on its customers (as can be seen by the lawsuit to over turn the decision), the government pulled the rug out from under them.
Actually I’ve read it over again and read up on some more admin law and I feel more confident about this being a winner of a case. ATF is pretty clearly on the wrong side of its own prior rulemaking and on the law.
It will probably cost them a big pile of money to win this, but if it does, it essentially castrates 922(o). It would be only a matter of time before AA type stocks or lowers are released for nearly every semiauto firearm out there.
This would take place entirely outside of the NFA system. I think you would see a change in attitudes towards civilian ownership of full autos.
Akins did everything they asked and required, he then accepted their decision and after he spent millions of dollars they decide they were wrong but not wrong, because Akins was wrong to believe them?
March 4th, 2008 at 11:19 am
Of course the remedy will be that the ATF will be overruled for not following Due Process in its adjudication. They will then hold a hearing and make an adverse decision that will be subject to a very low standard of review by courts.
The deck is really stacked against Akins, which is why ATF didn’t even bother to follow the rules. It just means you fight longer before losing.
I still think Akins could win this, but it will take quite a while.
March 4th, 2008 at 1:27 pm
It’s a loser. The complaint is basically idiotic. “Eminent domain” for crying out loud? Face the truth, guys. Akins is a scam. It sold you something that it was not supposed to sell you, lived off of, if not gotten rich from, your money, and “screw you” if you’re now facing ten years in prison if you want to hold on to what it sold you. The company has been dissolved. Where will you get your money back?
March 4th, 2008 at 1:32 pm
Yeah, ED is kinda lame. But it is the first time I’ve seen the documentation where ATF actually said ‘it’s not a machine gun.’
March 4th, 2008 at 2:02 pm
Be safe, be smart. Send your springs to BATFE, confirmed delivery. To be extra safe, use a private carrier and not the Post Office.
March 4th, 2008 at 2:05 pm
i don’t have one.
March 4th, 2008 at 2:24 pm
I’m not sure how they “got rich” if previously they complained about eating the costs of unsold accelerator stocks.
March 4th, 2008 at 3:20 pm
Well he won’t get anywhere monetarywise but he has a good chance of getting the decision overturned. The one bullet fired per one trigger pull standard is pretty clear.
March 4th, 2008 at 5:06 pm
Try reading that complaint again. 3 years after the Government said ok to production, the government then shut it down. Are you actually suggesting Akins wanted it this way?
There are plenty of other similar type devices that are not machine guns.
You are worried about getting money back… I wonder how much money Akins and those investors lost because of the Government?
Akins did not cut and run on its customers (as can be seen by the lawsuit to over turn the decision), the government pulled the rug out from under them.
March 4th, 2008 at 8:38 pm
Actually I’ve read it over again and read up on some more admin law and I feel more confident about this being a winner of a case. ATF is pretty clearly on the wrong side of its own prior rulemaking and on the law.
It will probably cost them a big pile of money to win this, but if it does, it essentially castrates 922(o). It would be only a matter of time before AA type stocks or lowers are released for nearly every semiauto firearm out there.
This would take place entirely outside of the NFA system. I think you would see a change in attitudes towards civilian ownership of full autos.
March 4th, 2008 at 9:15 pm
not sure i’d get my hopes up too much. agencies change their minds all the time and that’s SOP.
March 5th, 2008 at 1:17 am
Akins did everything they asked and required, he then accepted their decision and after he spent millions of dollars they decide they were wrong but not wrong, because Akins was wrong to believe them?
nk, what are you smoking?