What the ATF Alleged to be an illegal machinegun?

The cut-up part at the center of Tate's conviction is a WWII era PPSH-41 barrel shroud in which the ATF asserted was a machinegun "receiver".

For this part to qualify as a "receiver" under federal law, the Code of Federal Regulation (C.F.R.) demands that the part must be a single housing that serves FOUR separate functions. It must: 1) house a hammer, 2) house the bolt or breechblock, 3) house the firing mechanism, and 4) receive the barrel. (27 C.F.R. 478.11)

It is undisputable that the part Tate possessed does NOT satisfy these four requirements.

The PPSH-41 shroud at issue:

1. Does NOT house a hammer.
2. Does NOT house the bolt or breechblock.
3. Does NOT house the firing mechanism.
4. Does receive the barrel.

Despite the FACT that this part only satisfies one of the four requirements, the ATF proceeded to classify it as a machinegun "receiver," completely undermining the statute and C.F.R..

Since this part does NOT qualify as a receiver, it is NOT a firearm, therefore it is NOT a machine-gun.

NOTE: In addition to not qualifying as a firearm under federal law, it was also cut in half, further removing it from even being a serviceable gun part.

What the ATF Alleged to be an illegal missile launcher?

The "missile launcher" in Tate's case is a demilitarized Soviet-era RPG-7 grenade launcher relic, commonly sold as surplus for display and collectability purposes.

The demilitarized RPG-7 at issue:

• Was undisputedly non-functional while in Tate's possession.
• Was only possessed with 100% rubber inert display rockets (no live explosives).
• Was openly displayed in Tate's home office for nearly a decade before his arrest.
• Was missing ALL the critical fire control components
• -Had a hole bored in the high pressure chamber area of the tube, which was recognized that if attempted to shoot, it would "remove the users head."
• Was conspicuously engraved "INERT" and labeled "TRAINING AID DUMMY."

How did the ATF "prove" that Tate's inert RPG was a missile launcher?

• The ATF added five additional components that Tate did not possess, including a complete live fire control mechanism taken from one of their own operational RPGs.
• After reconstructing the device, the ATF "demonstrated" its firing capability by installing a 7.62mm training simulator device, which is a standalone bolt-action rifle that operates independently.

• The ATF asserted that welding the holes in the high-pressure chamber would restore the device to a functional state.