Federal Judge rules in favor of Innovator Arms

[MoxyDave]

http://www.courthousenews.com/2014/03/20/66348.htm

On Aug. 2, 2012, Innovator Enterprises Inc. asked the Bureau of Alcohol, Tobacco, Firearms & Explosives to provide a classification letter for their new Stabilizer Brake.

A "classification letter" from the ATF is what determines if the item is covered under the NFA and must be taxed and managed accordingly.

ATF decided that the device was a silencer. Innovator then sued the agency in the federal court in Washington, D.C., seeking to overturn the agency's determination.

ATF decided based on a subset of 6 characteristics that are allegedly common to 'known silencers' instead of actually testing the device in the real world.

"Even if this general approach of relying 'solely' on physical characteristics were sound, the agency did not perform a scientific or rigorous comparison of physical characteristics," the ruling states.

Federal Judge Bates remanded the matter back to the ATF for further review. He also granted Innovator summary judgment on its claim under the Administrative Procedure Act, holding that the agency's action must be set aside as arbitrary and capricious because of the agency's failure to "articulate a satisfactory explanation" and "examine the relevant data" in classifying Innovator's Stabilizer Brake as a "firearm silencer."

[Battle Cock]

Interesting. ATI recalled their GSG 522SD's a few years back because the ATF changed their mind about their barrel shroud. I believe that decision was based on that same subset of characteristics and had nothing to do with its function. I wonder if this ruling will change their operating procedure.

[MoxyDave]

The unfortunate part about this ruling is that Innovator still can't yet sell their device. They have to sit and wait until the ATF sends them another classification letter, and I suspect it will say mostly the same thing. I'm glad to see someone is standing up against the ATF in this but I don't have much hope that ATF will change their procedures.