WASHINGTON, D.C. -(Ammoland.com)- A Virginia military member has been convicted of selling a machine gun and having destructive devices.
Patrick Tate Adamiak was a decorated Navy sailor before the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), acting on the information from a confidential informant (CI), arrested him for transferring a machine gun and having destructive devices. The CI approached Adamiak to see if he could broker a deal for a demilled MG42 kit listed on Gun Broker by a Federal Firearms Licensee (FFL).
Mr. Adamiak ran a small business dealing in firearms parts. He worked out the deal with the seller and paid for the demilled MG42 kit with a company check. He then gave the MG42 kit to the CI and collected the money plus a small fee for brokering the deal. Adamiak assumed that since the demilled MG42 kit was sold on Gun Broker, it was legal to own. The MG42 kit had only a single saw cut instead of the three torch cuts as laid out on the ATF’s website.
The ATF then raided the Navy Master at Arm’s home and arrested him for transferring a machine gun. While searching his house, the agents found a demilled RPG that Adamiak purchased from a flea market for $40 while stationed in California. The RPG did not have a trigger group and had a hole cut on the side of the tube.
The ATF sent the RPG to Martinsburg, where they were able to patch the hole and install a trigger group. The ATF examiner took the completed RPG and test-fired a 7.62 round from a training grenade. Since the ATF could convert the demilled RPG into a working device, Adamiak was charged with having a destructive device. The prosecutor claimed that he could have fired an anti-tank round.
The ATF also found M79 receivers. An M79 is a 40mm grenade launcher when paired with a 40mm tube. Without the tube attached, the M79 receiver is just considered a firearm. Adamiak purchased the receivers from Big Daddy Unlimited. Adamiak did buy the tubes, which he kept locked up separate from the receivers. The ATF considered this constructive intent, and he was charged and convicted.
Part of the prosecution’s evidence was that Adamiak had a wet saw. The government claimed that he was using it to cut receivers to be able to transfer them. Wet saws can be purchased at Home Depot and are regularly used to cut tile. Mr. Adamiak’s attorneys pointed out that he was in the middle of remodeling his bathroom and that included cutting tiles.
The prosecution also showed the jury Mr. Adamiak’s Mac receiver flats. According to the ATF, Mac receiver flats are not firearms. They are not regulated under the Gun Control Act of 1968 (GCA) or the National Firearms Act of 1934 (NFA). Prosecutors showed the jury pictures of the flats and told them that every one of those flats could have been turned into a machine gun.
The prosecution called Mr. Adamiak’s Master Chief to the stand. Their goal was to prove that Adamiak had the skills to make Machine Guns. The prosecution harped on the fact that Adamiak was a Navy Master-at-Arms. They claimed that it gave Adamiak the skills needed to make machine guns. A Navy Master-at-Arms is a Navy Cop. It has nothing to do with weapon building.
Despite the absurdity of the government’s case, Mr. Adamiak was found guilty of transferring a machine gun and having destructive devices. His bond was immediately revoked, and he was taken into custody. The revocation of the bond was a surprise. Most believed he was not a flight risk and would be able to remain out on bond until sentencing in March.
Mr. Adamiak is planning on launching an appeal after sentencing and currently raising money for his legal defense through a Give Send Go.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
By these standards, anyone who owns a lathe, milling machine, cnc, a mig welder and has access to some steel, is about to make a machine gun or a destructive device, and is subject to arrest.
Intent is a bullsh*t charge on its face. (Example) You have a case of beer on ice, you own a car. This doesn’t make you a drunk driver.
Under the current standards, they could convict you of having a machine gun because you have belt loops that could be used like a bump stock.
And you have the capability to be a rapist, too.
Careful. Have already heard calls to ban penises. Would hate for that to become serious.
Yet, again, one could only take it from my cold and lifeless body, and even at my age I can wield very accurately, my ‘weapon of war’. Come take it- go ahead and make my day!
Won’t be me coming to take it. However if we are neighbors I may provide cross-fire to assist your defense. Body armor is quite effective on front and back, but provides little to no coverage from the side. I’m not a very good shot, unlike many of my friends I cannot reliably make 100 yard headshots to negate armor’s value. Highly unlikely I’d pick any of my “weapons of war” for defensive purposes. My mosin shoots HOA instead of MOA (Hours of Angle). While faster and more accurate, my 100 year old K1911 would also not be a good choice.… Read more »
First step is to register, serialize every penis……then, confiscation. Gotta know where the dicks are.
Hopefully, you haven’t been demilled…
That is why left liberal fascists are pushing for child gender reassignment and puberty blockers. They hate masculinity!
all atf need to be lined up and shot stazi has no place in a free society
This is the type of bust the BATFE uses to up their metrics to prove they are a needed entity. I am not sure that I know of a crime anywhere in the USA where a repaired MG42 was used in a crime. As a former tile contractor AND a firearm hobbyist, I had no idea a wet saw was a useful tool to work on firearms. I see those de-milled RPG tubes at pawn shops and gun shows all the time. WTH? The MAC receiver flats are easily meant to be Semi auto projects. All of these charges are… Read more »
Very astute and concise. This case hilights how AFT views firearms hobbyists, and will bend them over given the opportunity.
The 3 torch cuts is only the CURRENT standard for importation of a machinegun as a parts kit. Previously, a single saw cut was perfectly legal, and kits imported under that standard are still legal to own. It is entirely reasonable to expect that a saw-cut kit advertised anywhere is a legal item.
According to the facts of this case the AFT and this judge or jury disagrees with that. But there are currently a couple of single saw cut kits on gunbroker and a de milled glock18 parts kit too.
Since single saw cut kit was legal to import and is legal to possess, if kit in question was approved after the regulation standard changed – isn’t the only criminal in the case the ATF for approving importation (+false arrest/deprivation of rights/etc)? If it had already been imported, then no crime other than false arrest – again ATF is the criminal for all the above except approving illegal import.
Using the ATF’s reasoning in this case (and in others – this isn’t an isolated example unfortunately), any one who possesses both a selection of firearms and firearms parts, as well as a garage or workshop full of tools and various mechanical bits and pieces could be accused of “constructive intent”.
How TF did a jury of peers find this guy guilty?
They were not truly his “peers” on the jury.
Far as that goes, I am not his peer either (*) yet I would not have voted guilty unless there was MUCH more evidence we’re not hearing about. not his peer as I never served in military or law enforcement. Have only rented a wet saw the one time I tiled a bathroom (should have just bought). I’ve never sold firearms or pieces. Finally I lack his level of mechanical skills. Not a peer – but damn I appreciate what he’s done for us, see no evidence of a crime, and not guilty would come with an apology that we… Read more »
Well let’s just say he had an M60 in his bedroom a grenade launcher by his front porch armed and ready to go, a laws rocket in each room and a case of them in the garage as well as two cases of M4 Full auto machine guns. Would you find him guilty then? If so, you’re an IDIOT that doesn’t believe in the 2nd amendment and the understanding that UNLESS THERE IS A VICTIM there is no “crime”. Just wondering…
I could only find a defendant guilty with the above stuff IF and ONLY IF he was charged with actually USING these items to harm or coerce someone else. This is just so much scrap metal UNTIL someone picks it up and uses it to harm.
I’ve got piles of manrocks, and pallets of old used bricks here. Does that mean I have assaulted anyone by throwing them at them to harm them> Or even bust up the neighbour’s windows to gain entrance to his home?
Hmmm… So THIS is where ANTIFA is stashing their stuff!
if he had all that I would take him for a beer and see what he would sell
Good point. Guilty verdict only for those who both break the law AND do something wrong. Possession of firearms is anything but wrong.
There just simply has to be a victim. Having a Warthog parked in my front yard should not be against the law. Using it against my neighborhood should. Why is it that so many folks see the police or military with arms and think it is fine when those are the people that typically are the most dangerous as a whole against the population of their own countries? They get to have weapons that we don’t get to have? And I’m not talking about nukes. I don’t think ANYONE or ANY country should have those.
I would have voted for NULLIFICATION of these LUDACRIS CHARGES!!
They were all edjewkated in the gooberment skewl cistern.
PISS POUR DEFENSE COUNSEL! This case could have EASILY been overturned by producing DOUBT!
“The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” — Ayn Rand “Atlas Shrugged”
This case is a perfect illustration of the legal term malum prohibitum — an act that’s unlawful only because of a statute — as opposed to malum in se — an act that’s evil in and of itself.
I hope he wins on appeal. I’m usually very tight fisted with my charitable giving, but this one deserves whatever we can afford to send.
ABSOLUTELY! I am surprised that the VCDL https://vcdl.org/ isn’t all over this and the legal expenses already amassed? The same happened in my case against the City of Marfa, TX on the gun show matter. NO substantial 2A support whatsoever.(I think $85 was donated.) I won that case, they settled. But as far as the 2A community and their support? NOWHERE TO BE FOUND! ABSENT! THEN I find out that the Chairman of the Presidio County Republican Party KNEW ALL ALONG that the city was going to scuttle the gun show! HE KNEW they were going to use Covid as… Read more »
Thank you, Sir. I’m hoping the wins starting with Bruen, changes what you went through. There’s no excuse for what they did to you other than cowardice. It infects our side worse than others. We must do as you write, push away from the ‘puter, make an action plan then engage, engage, engage. As you point out, fight, fight, fight, we control our destiny. You are a natural leader, it comes through every post you make, it doesn’t surprise me that you won your case…alone. My favorite Churchill quote fits here nicely, “Never give in. Never give in. Never, never,… Read more »
Very well said
Sounds as though the jury was made up of dumb ah’s.
Probably picked very carefully out of members of one or more of Bloomberg’s groups.
In the long game this is one consequence we suffer for having allowed progressives to drive all true civics and constitutional education out of our public education monopoly. Folks do not realize the jury is the final authority on the legitimacy of law. Now, lawyers will love to chirp in and say ‘Ohhh heck no’ bu there is the truth. of the matter: jury nullification is a real thing and is a safeguard designed to prevent absurd prosecutions based upon harmless and inconsequential technical violations of law. Our Founders saw the true power of the jury as the ultimate safeguard… Read more »
https://fija.org AND https://courageouslion380.substack.com/p/those-forgotten-and-ignored-13-words-957
The ATF is just a terrorist organization sponsored by the US government to impose unconstitutional crap on law biding citizens. This makes the ATF nothing more than a criminal alphabet soup agency and the US government irrelevant . Those who fail thier oath to uphold the constitution are just traitors and should be treated as such .
EXACTLY…a cadre of OATH BREAKERS.
No “law” should exist for a crime unless there is a victim involved. If you are willing to cage or kill me for keeping the fruits of my labor, YOU are the criminal, not me. If you are willing to cage or kill me enforcing a law telling me that I cannot smoke, eat or drink what I want, YOU are the criminal not me. If you are willing to cage me or kill me while enforcing a law that says that I can’t own a certain type of gun or because I decide to put a AR pistol to my shoulder,… Read more »
This Ruby Ridge Government, funded by a $6.28 trillion budget in FY22, has out spent their worth. There is only one thing that can be done to reign them in.
HLB
Yep, that one thing is 4GW. “When the government fears the people there is freedom. When the people fear the government there is tyranny.” ~Thomas Jefferson (paraphrased)
No government agency can afford to come in under budget – to actually save money in intelligent efficient ways – because the only “reward” that agency or program would receive for such efficiency would be a smaller budget to work with for the next budgetary season. Smaller budgets are not good for agencies and programs designed to grow. So it has long since become routine standard practice that government agencies and programs actively look for ways to spend up ALL of their allocated monies before the fiscal year ends, because various political bean counters are always looking for ways to… Read more »
I would have called you as a witness for the defense to explain this to the jury. However, the judge or prosecution would have concocted an excuse to scuttle this attempt.
“You don’t come into my court spouting truth!”
Sweet Jesus, this os the nightmare, horror story ATF case we have always speculated and hypothesized about. Your car has gasoline in the tank, you have a bottle of bourbon in the liquor cabinet, and you are wearing underwear (today); ergo, you are in posession of a Molotov cocktail.
Anything I purchase through normal, conventional, legal channels should convey immunity from prosecution on me.
The federal gubmint, ATF in particularmous, needs a few hundred thousand Molotov cocktails.
Sound like he ad a shite legal team to me.
Maybe, the next time that the atfe shows up at a house, they should give them their guns, ———– ammo first, ——— airmail. With properly sworn government agents like these guys, who needs terrorists, extortionists, cartel operators, murderers, thieves etc.? Evidently, we must live in russia or china, or north korea, or nigeria, or iran, or saudi arabia, or venezuela? We can’t be in the U.S.A. because they have a legal right to keep and bear arms under their constitution. The Americans already kicked out all the governmental liars, thieves, extortionists and murderers — they sent them back to England.… Read more »
“The Americans already kicked out all the governmental liars, thieves, extortionists and murderers — they sent them back to England.”
What you say is true, but you can’t just scrape the barnacles off a hull and call it done. A hull requires periodic cleaning and ours has been neglected for a very long time.
True. There is a tree that Jefferson talked about. I suspect that the day is coming soon when that tree will be refreshed.
Arm up and carry on
When any Federal agency can manufacture evidence and obtain convictions based upon that evidence and vague and obscure standards the agency created and still be considered to be legitimate, it is time for that agency and the government that created it and maintains it to be removed.
All the best to Mr. Adamiak as he goes against the, IRS director that Congress did not authorize the formation of the Bureaucrats at the, “atf/aft/nfa/batf/batfe” and all of it various offices that HARASS Legal Law Abiding American Citizens!!!!
Government thugs love committing armed robbery, aggravated kidnapping, and violation of rights.
Some of the charges would appear to be “absurd” some seem valid — anyone who knows anything about firearms law would have known that having both the M79 receiver and barrel could constitute constructive possession, and that keeping them “separate” doesn’t avoid that. Other reports on this case have reflected that Adamiak held an FFL for his business, further suggesting that he should have known better. Bottom line, there is certainly more to this story than has been reported on either side. Hopefully Adamiak has good legal representation, but we need a lot more information before rooting for either side… Read more »
I am searching for the link and if I am successful, I believe the guy resides in Texas whom registered a hand grenade named M.O.A.B., Mother Of All Bombs, through the BATFE. Other than that, Adamiak, if wanting to assemble his grenade launchers should have filled the proper paperwork at the time of purchase through Big Daddy Guns, or, if he were purchasing separate parts to be assembled later did seem to have them properly stored pending any movement whatsoever on behalf of the federal government. Being that the M79 parts were stored separately should have been enough to supply… Read more »
ATF murdered the Weaver wife and child in Montana! All over something less than this case!
There are a LOT of things about this case that sound fishy based on the info presented in this story. First, it said the saw cut MG42 kit was sold by an FFL. Was the seller prosecuted? If not, why not? Secondly, if it was sold as demilled, didn’t that mean it was no longer a firearm? So why would a buyer ask Adamiak to broker the deal? I mean, if someone came to me and asked me to buy something – a non-firearm – off Gunbroker, I’d say “Go and buy it yourself.” Lots of other odd stuff in… Read more »
What? Not enough content that you guys are rerunning columns under two weeks of being posted? Run some of mine as fillers. https://courageouslion380.substack.com/p/those-forgotten-and-ignored-13-words-957
I have an idea. Howabouts we ‘sell’ a bunch of firearms south of the border under the pretext of tracking them for the cartels to use to kill border agents and Mexican citizens. Naw, that couldn’t happen and probably would take a tad bit more effort than prosecuting a FFL veteran with a wet saw, school board soccer moms, or grandmas who wandered into the capitol through doors opened by capital police.
New sweatshirt from Dinesh D”Sousha website….”Put the FBI on the FBI Watch List.”
The ATF goes to such lengths to “re-activate” otherwise harmless
artifacts, that they should be charged with entrapment. Also the
jury pool should be swept free of idiots and Marxocrats.
I think he needed a better lawyer, should have introduced the job description for Master at Arms into the record.
Did ATF go after the seller of the kit on Gun Broker? This seller had the ‘macine gun’ first.
Constructive intent is BS.
Meanwhile, hundreds of actual dangerous criminals who actually committed felonious acts are being released without bail back onto the streets every day to commit more crimes.
Aholes, turds and fups have always nailed people for there own ignorance.
This guy was a parts reseller and possibly a ffl holder ??
Then he should have known to double check everything he did and cover himself.
He got setup in a sting because he was sloppy and probably had a crap attorney who was not properly versed in firearms laws pertaining to ffl businesses.
I remember back in the 80’s and 90’s when they were cracking down on muffler pipe with cut diagram for sten guns.