Freedom ForHow the ATF Imprisoned an Innocent Sailor for 20 Years
A timeline of manufactured evidence, blocked testimony, and a conviction that legal experts say should never have happened.
The ATF Sting Operation
In April 2022, at just 27 years old, active-duty Navy E-6 Patrick "Tate" Adamiak — who had been accepted to attend BUD/S (SEAL training) — was arrested by dozens of armed federal agents. He was indicted for allegedly dealing illegal machine guns and possessing grenade and rocket launchers.
The headlines were sensational. The reality was very different.
What the ATF Actually Found
When agents raided Tate's home, they found no illegal weapons. Every item was a legally imported, deactivated WWII relic, surplus military parts kit, or replica collectible — items that had been approved by the ATF for civilian sale for decades.
Rather than close the case, the ATF shipped Tate's collection to their Firearms and Ammunition Technology Division, where in-house gunsmiths rebuilt the inert items into functioning weapons using government-owned components Tate never possessed.
Assistant U.S. Attorney Victoria Liu led the prosecution, relying on this manufactured evidence and misleading testimony to secure a conviction.
A Felon Informant Started It All
Tate was never under investigation until a paid ATF confidential informant — a convicted felon with over 20 felony gun convictions — falsely reported that Tate possessed an Mk-19 grenade launcher in an attempt to get himself out of pending charges.
What the informant actually saw was an air-powered replica. But his false report was enough to obtain a search warrant and set the entire case in motion.
The investigation was triggered by a lie from a career criminal trying to save himself. Despite this, the ATF pressed forward — and the informant's credibility was never seriously challenged at trial.
A $75 Toy Became the Star Witness
The centerpiece of the ATF's case was a Denix replica STEN Mk. II submachine gun — a non-firing, zinc alloy toy Tate legally purchased at a gun show for $75. The same replica is still sold online today.
What the ATF Did to Make It "Work"
ATF Lead Agent William Hairston and Firearms Enforcement Officer Jeffrey Bodell — conducting his first-ever courtroom testimony — modified the toy by:
- Forcibly inserting a real machine gun bolt from a functional weapon
- Swapping the fake barrel for a real one, using electrical tape to make it fit
- Manually loading a single round because no real magazine could fit the toy
After all these modifications, Bodell fired a single round and classified the toy as a machine gun. Neither Bodell nor his assistant could make it fire more than one round — the legal definition of a machine gun requires automatic fire.
What a Former ATF Official Said
"It is egregious to assert that this STEN replica is a machine gun when it cannot accept a magazine. Without a magazine, it can only hold one cartridge at a time, making it impossible to 'shoot, automatically more than one shot, without manual reloading, by a single function of the trigger, and therefore, impossible to be a machine gun.'"
This toy was given more attention than any other piece of evidence in Tate's trial.
The Military Surplus Market Was Always Legal
For decades, the ATF approved the importation and sale of deactivated military surplus items. The legal framework was clear:
- Machine guns cannot be imported in complete form — the receiver must be destroyed first
- Once destroyed, these parts hold no legal status as firearms and are sold as collectibles
- The ATF approved the importation and sale of hundreds of thousands of these parts
- Deactivated launchers are classified as curios, displayed in museums, VFW halls, and private collections across America
Tate was one of GunBroker's top 500 dealers, selling $10,000 per month in military gear and legal gun parts — not a single actual firearm. Everything he owned and sold was legal under the rules that existed when he purchased them.
A Trial Rigged Against the Defense
Judge Arenda Wright Allen presided over Tate's case. What happened in that courtroom set a dangerous precedent:
Expert Testimony Blocked
When retired ATF agent Daniel G. O'Kelly was set to testify that none of Tate's items qualified as firearms, the prosecution dropped the original 11-count indictment and reindicted Tate on different charges. The court then blocked O'Kelly's testimony as "irrelevant and confusing to the jury."
Pre-Arrest Rules Reversed
Before Tate's arrest, the ATF had consistently ruled these same relics as non-firearms. After his arrest, the ATF reversed its stance and reclassified previously legal items — without any change in law.
Manufactured Evidence Admitted
The judge allowed prosecutors to present items that had been severely doctored by the ATF — with government-owned components added to make inert items appear functional.
Misleading Testimony Unchallenged
ATF officer Bodell testified certain items were machineguns, then admitted under cross-examination that Tate's Uzi carbines were actually "closed-bolt semi-automatic firearms" — perfectly legal. The judge counted them toward sentencing anyway.
Despite no evidence of illegal activity, Tate was convicted and sentenced to 20 years in federal prison.
20 Years for Items That Are Still Legal
Tate's sentence was stacked through a series of extraordinary measures:
Double Jeopardy Violation
The 4th Circuit Court of Appeals found that Tate's sentence violated the Double Jeopardy Clause of the Fifth Amendment — the same crime was counted under two different statutes to produce two consecutive 10-year terms.
1,012 Phantom Weapons
Prosecutors initially sought penalties for 1,012 alleged illegal NFA weapons, including 977 counts for flat pieces of metal that could not legally qualify as firearm receivers.
Legal Items Counted Against Him
The judge counted 30 additional items toward the sentence — including the toy STEN gun, five ATF-exempt semi-automatic pistols, and two legal Uzi carbines that the ATF's own expert confirmed were not machineguns.
The Judge's Own Admission
Judge Wright Allen herself stated that Adamiak "did not possess all parts of destructive devices" — yet upheld the conviction and imposed the maximum sentence.
According to appellate attorney Matthew Larosiere, this represents "the first time an American has been criminally charged with violating the National Firearms Act for owning non-NFA guns."
A Dangerous Precedent for Every American
Tate's case didn't just destroy one man's life — it established a framework that could be used against anyone:
If an item "looks" like a firearm, the government can now classify it as one — regardless of whether it functions.
The government can retroactively apply new rules to past legal behavior and prosecute you for items you legally purchased.
Federal agents can modify your property with their own components and then use the modified version as evidence against you.
The ATF's own rule has since been struck down by federal courts as an unlawful overreach — yet Tate is still behind bars with 17 years remaining.
Timeline of Events
Tate Arrested
Tate is arrested and his home is raided by dozens of armed federal agents — days before Biden announces new gun part regulations to the public for the first time.
Biden's Press Conference
Biden holds press conference about ATF's new priority to regulate gun parts — just days after Tate's arrest.
ATF's New Rule Takes Effect
ATF's final rule goes into effect (27 C.F.R. 478.12) — months after Tate was already arrested for items that predated the rule.
Tate is Convicted
Tate is convicted for possessing non-functional military relics and parts that were NOT covered by any federal statute prior to the new rule.
Sentenced to 20 Years
Tate is sentenced to 20 years in federal prison — one of the harshest sentences ever for a non-violent firearms charge.
ATF Rule Struck Down
Federal court of appeals strikes down and vacates the ATF's rule as an unlawful extension of the agency's authority. Tate remains in prison.
4th Circuit Appeal Heard
The U.S. Court of Appeals for the Fourth Circuit hears oral arguments. The court finds Tate's sentence violated the Double Jeopardy Clause and orders resentencing.
Resentencing Hearing
Tate's resentencing hearing is scheduled. His legal team also plans to petition the U.S. Supreme Court.
Tate Needs Your Help
Despite federal courts ruling that the ATF overstepped its authority, Tate is still serving a 20-year sentence. This case isn't over. We need your voice.
