On Friday, President Donald Trump issued an executive order demanding Attorney General Pam Bondi review any litigation that might have violated an American’s Second Amendment rights. Many cases could be reviewed, but a few stand out as violating not only someone’s right to bear arms but also free speech and entrapment.
The first case that the Department of Justice might review is the AutoKeyCard case. The case involves Kristopher Justin Irvin, who sold a novelty metal card with an image of a lightning link to inspire conversations about gun laws. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) saw the card and decided it was a machinegun conversion device (MCD). The ATF would arrest Mr. Irvin and charge him with violating the National Firearms Act of 1934 (NFA).
After Mr. Irvin was arrested, Matthew Hoover started raising money for his defense. Mr. Hoover ran the successful YouTube channel CRS Firearms. During Irvin’s time in business, he contracted Hoover to advertise the item on his YouTube channel. At no time was Mr. Hoover in business with Irvin, but the ATF didn’t appreciate actions to help Irvin defend himself in court.
The ATF would issue and execute an arrest warrant for Hoover, claiming that he and Irvin entered a conspiracy to distribute machine guns. ATF attorney Laura Coffer Taylor contended that the fundraising for Irvin’s defense was the two trying to defeat the government so the two could continue to profit from selling machine guns. Mr. Hoover was also accused of distributing machine guns even though Irvin only sponsored his channel, and Hoover in no way sold the item.
Is the AutoKeyCard an MCD? The ATF told the court it was even though they could not get the device to function as a lightning link. When cut out along the lines, the ATF failed to get the device to fire automatically. This failure was due to the image not having the correct dimensions. The ATF materially altered the card by cutting outside the lines. That means their argument was based on the card being metal and how it was advertised. They argued that it didn’t matter that it didn’t work. They said the men thought it would, and that was intent.
The ATF never got the card to work correctly, even after cutting it out. They did get a hammer follow, which is a malfunction that causes the hammer to follow the bolt carrier back into battery after a shot is fired. This malfunction can happen for many reasons and does not indicate automatic fire.
The men’s lawyers were also prohibited from making a Second Amendment defense. The court limited their arguments, which adversely affected their defense. States Attorney Laura Coffer Taylor also filed an order to try to gag this reporter from reporting on documents that AmmoLand News legally received. Gun Owners of America (GOA) defended my right to freedom of the press. Ultimately, the ATF dropped their motion to gag me after a show of force in the courtroom by GOA attorneys.
Both men were found guilty and sentenced to five years in prison for a piece of non-functional art resembling an MCD. There is an ongoing appeal. The Department of Justice (DOJ) can step in and stop the violation of the men’s Second Amendment rights and their First Amendment rights.
The second case involves a Navy Sailor named Patrick Tate Adamiak. Mr. Adamiak served the Navy with pride and also sold firearms part kits part-time. A confidential informant (CI) working for the ATF contacted Adamiak for help brokering a deal for a demilled machine gun parts kit being sold on Gun Broker. Mr. Adamiak believed the kit was demilled correctly since it was on Gun Broker. He purchased the kit and resold it to the CI.
The ATF determined the kit wasn’t properly demilled since it was cut with a bandsaw, not a torch. They raided Adamiak’s home and arrested him. During the search, they found power tools the sailor claimed to use to remodel his home. The ATF took a different view, arguing that the tools had to be used for making guns. The ATF also found a demilled RPG that Adamiak purchased at a flea market in California.
The RPG did not have a fire control group and had a large circular hole cut in its side. The ATF welded the hole shut, claiming it wasn’t big enough, and installed a fire control unit. With the RPG rebuilt and rewelded, the ATF was able to get it to work. They would charge Adamiak with multiple NFA violations. Mr Adamiak was found guilty and is currently appealing the ruling to the Circuit Court.
The two cases show that the ATF can be overzealous in its prosecution of Americans instead of concentrating on real criminals. Under Trump’s executive order, the DOJ has an opportunity to make things right.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
