The Case

ATF Allegations Statement of Facts

Tate’s Arrest: The ATF Sting Operation

At just 27 years old, Tate became the target of an ATF sting operation. He was indicted for allegedly dealing illegal machine guns and possessing grenade and rocket launchers. While the headlines were sensational, they failed to mention a crucial fact: none of the weapons were functional. Instead, they were cut-up, deactivated WWII relics and historical curios—items that had been legally imported and approved by the ATF for decades.

The Military Surplus Market: A Legal History

• Machine guns cannot be imported in their complete form.
• To make importation legal, the firearm’s receiver must be destroyed.
• Once destroyed, these parts hold no legal status as firearms and are sold as collectibles.
• The ATF has historically approved the importation and sale of hundreds of thousands of these parts.

Similarly, deactivated grenade and rocket launchers have long been classified as curios and are widely displayed in museums, VFW halls, and private collections.

Why Was Tate Targeted?

• The ATF pressured an informant, using threats of additional charges, to locate illegal machine guns.
• The informant failed to find any illegal weapons but instead purchased cut-up, non-functional WWII relics.
• The informant falsely claimed that if reassembled in a machine shop, these relics could function as firearms.
• The ATF used this claim as justification for Tate’s arrest and prosecution.

The ATF’s Raid & The Government’s Case

• Legally imported, deactivated WWII relics
• Surplus military parts kits (available in open commerce)
• Replica firearms and collectibles (common in museums and historical collections)

Instead of recognizing these as legal, the ATF argued that because they “looked” like weapons, they were weapons.

The Trial: A Legal Nightmare

• Before Tate’s arrest, the ATF had consistently ruled these relics non-firearms.
• After his arrest, the ATF pushed for a new rule that reclassified destroyed weapons as firearms.
• The government argued that Tate’s artifacts could theoretically be restored—even though they lacked the critical components needed to function.
• Despite no evidence of illegal activity, Tate was convicted and sentenced to 20 years in federal prison.

A Dangerous Legal Precedent

• 🚨 If an item “looks” like a firearm, it can now be classified as a firearm.
• 🚨 The government can retroactively apply new rules to past legal behavior.
• 🚨 The ATF’s actions have already been ruled unlawful, yet Tate remains in prison.

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.

• Sign the Petition
• Donate to Tate’s Legal Defense