Freedom ForATF Allegations
What the ATF claimed were illegal weapons — and what they actually were.
The "Illegal Machinegun"
The cut-up part at the center of Tate's conviction is a WWII-era PPSH-41 barrel shroud. The ATF asserted it was a machinegun "receiver."
The Legal Standard
For this part to qualify as a "receiver" under federal law, the Code of Federal Regulation (27 C.F.R. 478.11) demands the part must be a single housing that serves four separate functions:
The part meets only 1 of 4 legal requirements. Despite this, the ATF classified 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.
The "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 Reality
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 — recognized that firing it would "remove the user's head"
- Was conspicuously engraved "INERT" and labeled "TRAINING AID DUMMY"
How the ATF Faked a Working Launcher
To "prove" the inert RPG was a missile launcher, the ATF had to manufacture the evidence themselves.
- 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 — a standalone bolt-action rifle that operates independently
The Final Claim
The ATF asserted that welding the holes in the high-pressure chamber would restore the device to a functional state.
See the full picture.
Read the complete case details, the statement of facts, or take action to help free Tate.
