Akins Accelerator Inventor Sues United States

[aileron]

The inventor of the Akins Accelerator, the replacement stock for a Ruger 10/22 that allows controlled bump firing, is suing the United States over the BATFE's ruling that the Accelerator wasn't a machine gun, but now is.

Complaint can be found at link below:

http://www.georgiapacking.org/docs/akins/Complaint_with_exhibits.pdf

[razorx]

Interesting reading the BATF responses. From their view, single function of trigger equates with single pull of trigger. Since Akins Accelerator allegedly requires only constant pressure on the trigger then there is no "pull" activity hence on commencement of firing, only a single pull was required.

Depends on what "pull" means. "Pull" meaning application of force ie. "pull of gravity" is a constant force or does pull require displacement of the force applicator (the trigger finger)?

In either case, BATF is attempting to interpret a way of closing this loophole which provides machine gun like functionality and the court will probably accept this nevermind that a strict interpretation might lean toward Akins.

[zinfull]

This is very bad. On this merit any gun that can fire more than one round with a trigger squeeze would be an full automatic. They could go after semi-autos because some person could bump fire.

Jerry

[pnkssbtz]

This is very bad. On this merit any gun that can fire more than one round with a trigger squeeze would be an full automatic. They could go after semi-autos because some person could bump fire.

JerryYup. You guys hit the nail on the head.

The problem with the modified definition to now include the A.A. any firearm capable of being bump fired is now a machine gun since BATFE federal laws allow for constructive possession.

[formerTexan]

This can get ugly, because some firearms can be "helped" with bumpfiring by using a shoelace! I guess you should wear shoes that don't have shoelaces when you go shooting :rolleyes:

[bohoki]

This can get ugly, because some firearms can be "helped" with bumpfiring by using a shoelace! I guess you should wear shoes that don't have shoelaces when you go shooting :rolleyes:

sure but using the shoelace requires configuring it as an auto sear that is not bump firing the shoelace end becomes a secondary trigger

[razorx]

This is very bad. On this merit any gun that can fire more than one round with a trigger squeeze would be an full automatic. They could go after semi-autos because some person could bump fire.

Jerry

Might could still work around it since bump firing does have incidental spatial displacement of the trigger finger for each time the gun is fired. Where the Akins appears to be accused of application of constant pressure with no displacement required. Dunno. Have not used either of them.

Helpful for someone to comment who has done both? :43:

[daves100]

sure but using the shoelace requires configuring it as an auto sear that is not bump firing the shoelace end becomes a secondary trigger

ATF has ruled that a shoe lace to the trigger is a machine gun

[Bill Akins]

Might could still work around it since bump firing does have incidental spatial displacement of the trigger finger for each time the gun is fired. Where the Akins appears to be accused of application of constant pressure with no displacement required. Dunno. Have not used either of them.

Helpful for someone to comment who has done both? :43:

I can help you with that Razorx. I have done both.

In no device assisted bumpfiring of any semi auto just using technique only, the finger does not have incidental spatial displacement between the trigger finger and the trigger as you believe. In fact in bumpfiring like that the finger does not actually disengage from the trigger at all but constantly rides the trigger back and forth as it operates. As the trigger goes rearward and then resets the finger stays in contact with and rides along with the trigger in no device assisted bumpfiring. This is NOT how my rifle stock works.

In my accelerator rifle stock, the trigger is completely removed from any physical contact with the finger between each function of the trigger and therefore between each and every shot. You will notice in my below animation that the finger rests against finger stop ridges on either side of the pistol grip once it has functioned the trigger. Then the trigger is completely disengaged from the finger under recoil and travels backward compressing a spring whereupon it travels forward and once again engages the finger to function the trigger once separately for each and every shot and in doing so completely disengages the trigger from the shooters finger for each shot.

So if it were a question of which is more of a machine gun under the new BATFE 2006-02 ruling based upon which method keeps the finger in contact with the trigger, it would actually be a normal semi automatic rifle bumpfiring without any type of device at all since the finger rides the trigger in that technique of bumpfiring. For an example see this gif animation of how my rifle stock operates. You will see the trigger is completely disengaged from the shooter's finger for each and every function of the trigger and each shot fired. So there is no "constant pressure" by the finger against the trigger with my rifle stock. Quite the opposite actually. To put it simply, according to the actual language of BATFE ruling 2006-02 a normal no device assisted semi auto rifle is more of a machine gun than my stock is. But that is not how BATFE is enforcing their own ruling. Their ruling states....."once the trigger is pulled,(not "functioned" as federal law states) it initiates a sequence of automatic fire that continues until the finger is removed or the ammunition feeding device is empty". Now here's the scary part my friend. That would be any semi automatic firearm capable of bumpfiring. I.E. all semi automatic firearms.

http://img2.freeimagehosting.net/uploads/db7476f1ef.gif (http://www.freeimagehosting.net/)

[brokestudent12]

YOU GUYS DIDN'T HIT **** ON THE HEAD. PERIOD.

EVERY gun can be bump fired, you "people" are telling me that they are going to ban every gun? Please.

[Hopi]

YOU GUYS DIDN'T HIT **** ON THE HEAD. PERIOD.

EVERY gun can be bump fired, you "people" are telling me that they are going to ban every gun? Please.

:rolleyes:

[Hopi]

I can help you with that Razorx. I have done both.

I

http://img2.freeimagehosting.net/uploads/db7476f1ef.gif (http://www.freeimagehosting.net/)

Welcome to the forum Bill!!!

[caliboy1321]

Welcome to the board Bill, good luck taking on "the man"

[razorx]

The constant pressure by a finger against the stock which the memo refers to is not the "pad" of the trigger finger against the trigger but the pressure of the finger against the stock to hold the finger in place for contact to be made with the trigger?

Given this to be the case, I don't see how BATFE can reasonably expect any judge to accept their stretched argument based on strict interpretation of the law. The trigger is activated every time for every shot and the constant pressure of the finger against the stock does not equate to a single pull of the trigger.

Of course, this does allow rapid fire which the judge may just ignore the law just to take care of this workaround.

[Bill Akins]

Thanks for the welcome everyone, and yes you correctly understood how it works in your last post Razorx.
I would like to mention that the word in federal law is "function" of the trigger. Not "pull" not "activate", but "function" of the trigger. A trigger can be pulled, pushed or rotated, squeezed, levered. etc. But the word used in federal law to designate how it works is "functioned". That word was used because the lawmakers understood that a trigger can be "functioned" in different ways other than just pulling. Here is the federal law stipulating what comprises a machine gun. It all boils down to "a single function of the trigger". A "pull" is not necessarily the same as a "function". Further, Federal law does not say you must "consciously pull" or "consciously function". Here is the Federal law below.


"TITLE 26 > Subtitle E > CHAPTER 53 > Subchapter B > PART I > § 5845

§ 5845. Definitions

(b) Machinegun
The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person."


I hope this gives a better understanding of bumpfiring, how my rifle stock works and what Federal law says is and is not a machine gun. I am sorry I cannot comment or editorialize on the case itself under advice of my attorney.

[69Mach1]

Welcome Bill, and good luck.

[BillCA]

I rather liked the way Stephen Halbrook took ATF to task with their own words and testimony. :D

There's no doubt that BATF looked at the prototype, figured out what it does and issued a correct ruling. I suspect that at a later time people saw what it could actually do and thought "oh crap! We already approved this!" then recinded their approval. No doubt they feared regular citizens having adequate firepower in their hands. :rolleyes:

I suspect that if a stock was modified with a hole behind the finger-stop and then demonstrated with a large magazine, someone inserting a rod or nail thru the hole could illustrate that the trigger was no longer depressed by the trigger finger because there was room for the rod/nail to interrupt the trigger operation. (The hi-tech version would be to drill a hole and send light thru it to a photo receptor that would count the number of gaps behind the trigger finger. In theory, there should be one for each shot.)

[adamsreeftank]

An interesting question is whether the finger actually breaks contact with the trigger on each cyle. Obviously the trigger has to reset each time since the gun is still a semi-auto, but that does not mean the finger needs to fully clear it. That would depend on the amount of movement of the receiver in the Accelerator housing. I would think the system would work either way, and it would run faster if the finger never actually left the trigger, but it would be legally more defensible if the receiver moved enough for the trigger to break contact each round.

And welcome to Calguns. Good luck with your suit.

[tyrist]

Guess the only solution is to legalize all machine guns in every state.

[ohsmily]

An interesting question is whether the finger actually breaks contact with the trigger on each cyle. Obviously the trigger has to reset each time since the gun is still a semi-auto, but that does not mean the finger needs to fully clear it. That would depend on the amount of movement of the receiver in the Accelerator housing. I would think the system would work either way, and it would run faster if the finger never actually left the trigger, but it would be legally more defensible if the receiver moved enough for the trigger to break contact each round.

And welcome to Calguns. Good luck with your suit.

Look at the animation. The finger does leave the trigger because the trigger recesses back into the stock upon recoil of the receiver in the chassis.

[AfricanHunter]

Welcome Bill and way to think outside of the box. Hope you prevail. Are you a California resident?

[Bill Akins]

Welcome Bill and way to think outside of the box. Hope you prevail. Are you a California resident?

Thanks very much. Florida.

[Lucky#13]

Bill, just another wish for your success against the beast. I have read much about what you have sacrificed and this is simply not the way America is supposed to be. If you can win this, it will be one more step in stopping the madness. I am grateful to see that you are fighting back. :)

[adamsreeftank]

Look at the animation. The finger does leave the trigger because the trigger recesses back into the stock upon recoil of the receiver in the chassis.

I see that in the animation. I can only assume the animation is accurate to the actual product.

[REDHORSE]

Wish you all the luck Bill!

Akins Accelerator YouTube video in action (http://www.youtube.com/watch?v=9P8AbTKvykE)

[Fjold]

YOU GUYS DIDN'T HIT **** ON THE HEAD. PERIOD.

EVERY gun can be bump fired, you "people" are telling me that they are going to ban every gun? Please.


"Every gun" cannot be bump fired. Try to bump fire any single shot, bolt action, revolver, etc..

I'm not even sure that every semi-automatic firearm can be bump fired. Some just don't have enough recoil.


Welcome to the boards Bill, good luck to you.

[ohsmily]

I see that in the animation. I can only assume the animation is accurate to the actual product.

The designer of the stock, who posted the animation, states as follows:

In my accelerator rifle stock, the trigger is completely removed from any physical contact with the finger between each function of the trigger and therefore between each and every shot. You will notice in my below animation that the finger rests against finger stop ridges on either side of the pistol grip once it has functioned the trigger. Then the trigger is completely disengaged from the finger under recoil and travels backward compressing a spring whereupon it travels forward and once again engages the finger to function the trigger once separately for each and every shot and in doing so completely disengages the trigger from the shooters finger for each shot.

[bohoki]

ATF has ruled that a shoe lace to the trigger is a machine gun

only if it serves to cause the firearm to fire repeatadly with one pull

a shoestring tied to the trigger looped around the magazine back around the butt running up to the front sight is not a machine gun

i think the akins stock is comparable to the assisted opening knives they are spring loaded but since there is no switch they are not "automatic"

also if anybody hasnt seen it in action

http://www.youtube.com/watch?v=9P8AbTKvykE


also if you think that is firing too rapidly it must be illegal

realize this is atf legal (not ca)

http://www.youtube.com/watch?v=szGoeqIFytQ

[Knight]

Holy Crap! Bill Akins himself! Good luck with the lawsuit, I'm rooting for ya.

[hoffmang]

First, Welcome Bill. Excellent litigation and don't hesitate to ask folks around here to help out with anything we can.

And all I have to say to this is:
In the alternative, Plaintiff seeks a declaration that 18 U.S.C. 922(o) is unconstitutional on its face and as applied to Plaintiff, with an appropriate injunction.
Heh.

-Gene

[pnkssbtz]

only if it serves to cause the firearm to fire repeatadly with one pull

a shoestring tied to the trigger looped around the magazine back around the butt running up to the front sight is not a machine gun.
Two words:

Constructive Possession.

[bohoki]

Two words:

Constructive Possession.

well why arent they arresting every non-barefoot shooter they see?

[AJAX22]

give em heck! I can't wait to see the sks version of the stock ready for production ;)

[monkey]

I'm no lawyer, but I see a couple things going on here:

1) Normal semi-auto firearms are not designed or intended to "bump-fire". "Bump-firing" is merely a technique of firing a normal semi-auto, not a mechanical design function of the firearm itself. The Akins reverses this design vs. technique relationship 180-degrees, turning a technique into an intended mechanical function: Whereas an Akins-equipped gun can be fired one shot at a time, this becomes a technique rather than the intended functionality of the mechanism. This is what sets the Akins concept apart and why they couldn't use the Akins ruling against all semi-autos. It's rather Chicken Little of anyone to say that the Akins ruling applies to all semi-autos.

For comparison, Bob Munden pulls his Colt SAA's trigger once, holds it in and fans the hammer with three fingers to achieve a 3-round burst of sorts that has nearly the cyclic rate of a MAC-10. This is also a technique and does not mean the Colt SAA is machine gun.

2) I think it's an under-analysis not to see that the Akins mechanism actually creates two distinct mechanical methods of firing per single pull of the trigger, the fire-control parts themselves -including your own trigger finger- change function after the first shot. The yes or no to "machine gun" lies entirely in this issue:

The first shot is conventional, finger placed on stationary trigger, the trigger is "pulled" initiating the firing sequence as normal. For the second and subsequent shots, the trigger is no longer really a trigger at all, but more of a sear which is tripped by impacting your now-stationary trigger finger. In my humble opinion, from a mechanical function viewpoint, your stationary finger actually becomes a fire-control part and the "trigger" as a mechanical concept disappears for the second and subsequent shots. If you look at the M-16 bolt carrier-to-sear relationship during a full-auto sequence and apply that to the Akins during its 2nd-round and after firing sequence, you'll see some interesting mechanical parallels.

Basically, the "single function of the trigger" definition of "machine gun" is met and sustained by the continuous movement of the entire firearm inside the stock as initiated by your single effort. Your "single function of the trigger" creates a self-sustaining firing sequence until you either release your finger, thereby interrupting the firing-sequence, or the gun runs out of ammo.

Not trying to appear anti-gun at all, but I can't help but agree that the Akins is a machine gun, though an incredibly clever concept that does require a lot of thought as to what a "machine gun" really is. NFA Branch's handling of the matter is another issue entirely and I hope Bill collects damages and can pay back customers.

[daves100]

You made a few good points


but the trigger is RESET each time a shot is fired

[monkey]

You made a few good points


but the trigger is RESET each time a shot is fired

But the trigger isn't a "trigger" after the first round, or so it can and will be argued. A sear also resets after every shot.

I'm 100% sure this is the heart of ATF's argument, or will be in court. The 10/22 host gun is entirely stationary for the first shot, but then enters a state of continuous motion for the 2nd and subsequent shots which is also necessary for the mechanism's function thereafter. Because the mechanical operation of the firearm is different for the first shot than subsequent shots, then it naturally follows that the parts involved in that firing sequence take on different functions despite not changing their physical relationship to each other, i.e. the trigger isn't a Trigger anymore.

[daves100]

i could be wrong but does this not cover the trigger, the trigger is reloaded each time


it states 'any weapon that shoots more than once without manual reloading, per function of the trigger is a machinegun

[daves100]

ATF has ruled that a shoe lace to the trigger is a machine gun

http://www.bobernet.com/blog/2007/07/shoe_string_no_longer_a_machin.html

[monkey]

i could be wrong but does this not cover the trigger, the trigger is reloaded each time


it states 'any weapon that shoots more than once without manual reloading, per function of the trigger is a machinegun

That's entirely the point. What is a "Trigger?" Until Akins came along it was pretty clear, I think Akins proves it ain't just the bow-shaped part you put your finger on, but the actual function of that part as it pertains to the firing sequence overall. If you "function" the trigger once on the first shot and the second mode of firing kicks in for the second shot which causes the "trigger" to become a sear or sear extension, then you technically have still only "functioned the trigger" once, but discharged more than one round. Machine gun.

[monkey]

I didn't want to wade through the whole complaint, but is Akins suing in disagreement that it's a machine gun or is he simply suing for damages over the reversal?

[bohoki]

http://www.bobernet.com/blog/2007/07/shoe_string_no_longer_a_machin.html

ah ha

"solely and exclusively"

the registered shoestring looks more like a keychain with lanyard to me

[ohsmily]

I didn't want to wade through the whole complaint, but is Akins suing in disagreement that it's a machine gun or is he simply suing for damages over the reversal?

Demand for Relief
Plaintiffs demand the following relief:
1. Damages to compensate Plaintiff for the taking of his property.
2. A declaration that the Akins Accelerator is not a machine gun.
3. An injunction prohibiting Defendant from treating the Akins Accelerator as a machine
gun for any purpose.
4. Any other relief the Court deems proper.

[wilit]

The first shot is conventional, finger placed on stationary trigger, the trigger is "pulled" initiating the firing sequence as normal. For the second and subsequent shots, the trigger is no longer really a trigger at all, but more of a sear which is tripped by impacting your now-stationary trigger finger. In my humble opinion, from a mechanical function viewpoint, your stationary finger actually becomes a fire-control part and the "trigger" as a mechanical concept disappears for the second and subsequent shots. If you look at the M-16 bolt carrier-to-sear relationship during a full-auto sequence and apply that to the Akins during its 2nd-round and after firing sequence, you'll see some interesting mechanical parallels.

Basically, the "single function of the trigger" definition of "machine gun" is met and sustained by the continuous movement of the entire firearm inside the stock as initiated by your single effort. Your "single function of the trigger" creates a self-sustaining firing sequence until you either release your finger, thereby interrupting the firing-sequence, or the gun runs out of ammo.


I completely understand what you are saying, but in my humble opinion, I think you are just as wrong as the BATF. Re-read the law as it is written.

The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

A shoestring is a part that is intended to be physically attached to the firearm and transfer the function of the trigger from the actual firearm trigger to the end of the shoestring which you pull once and maintain constant pressure on. You have effectively redefined which part functions as the trigger.

Your finger is NEVER attached to the firearm. Therefore your finger can not be considered a part of the firearm. That is where Bill's ingenious device differs from the shoestring. Your finger is what is functioning the trigger each time it recoils. Your finger stays stationary and bumps into the trigger functioning it after each cycle of the bolt.

If you look at the AW-Sim which is another "bump-firing" device, I think you will see that it functions more as you describe than the Atkins device.

Bill, good luck. Is there a fund set up so we can send donations to help cover legal costs?

[Bill Akins]

I completely understand what you are saying, but in my humble opinion, I think you are just as wrong as the BATF. Re-read the law as it is written.



A shoestring is a part that is intended to be physically attached to the firearm and transfer the function of the trigger from the actual firearm trigger to the end of the shoestring which you pull once and maintain constant pressure on. You have effectively redefined which part functions as the trigger.

Your finger is NEVER attached to the firearm. Therefore your finger can not be considered a part of the firearm. That is where Bill's ingenious device differs from the shoestring. Your finger is what is functioning the trigger each time it recoils. Your finger stays stationary and bumps into the trigger functioning it after each cycle of the bolt.

If you look at the AW-Sim which is another "bump-firing" device, I think you will see that it functions more as you describe than the Atkins device.

Bill, good luck. Is there a fund set up so we can send donations to help cover legal costs?

Thank you very much for your logic and rational analysis Wilit and for your kind words of support as I also thank everyone else here likewise. I appreciate it very much. Yes my attorney John Monroe has set up a legal defense fund for this case. Here is what he says....

" Legal Defense Fund
To those of you interested in contributing to a legal defense fund for this case, donations may be made payable to "John Monroe Trust Account" and mailed to the address shown in the complaint. I'd rather not put the address directly in this post, so data miners don't find it and start in with junk mail. Please indicate on the check or cover letter that the donation is for this case (William Akins v. United States).

Thank you in advance for you donations and support of this case."

Counselor Monroe's address is on page 8 of the complaint located at this link..
http://www.georgiapacking.org/docs/akins/Complaint_with_exhibits.pdf

[brokestudent12]

thanks for the info bill - and again, best wishes with your uphill battle

[BillCA]

Monkey, I'll disagree for several reasons;

1. A finger is not a "part" of the firearm's mechanism or action.

2. The sear on many MGs resets and is tripped for each shot (to delay firing until the bolt closes) so the sear argument is a moot point, IMO.

3. Trigger is defined as a piece (as a lever) connected with a catch or detent as a means of releasing it. Alternatively it is also a similar movable part by which a mechanism is actuated. The trigger lever is the "initiating part" of the mechanism which requires external pressure (usually, but not always, a finger) to activate it.

A semiautomatic rifle can be made to fire by inserting a finger, rod or dowel into the trigger guard to activate the trigger. If the gun is held in position by a fixed mount, a single shot is fired, the action resets and until the trigger is released from pressure, the firearm does not fire. Unsupported, the rifle recoils away from the finger/rod, the action and trigger reset and firing stops. However, if we support the rifle using springs and a fixed plate behind the buttpad, if the recoil is sufficient to cause pressure to be released on the trigger, the mechanism and trigger reset and the springs return the gun to the firing position. Only if the finger/rod trips the trigger a second time does firing continue.

This is no different than a person who could rapidly activate the trigger manually at high speed.

If one argues that the finger is "part of the mechanism" when a semiauto is under recoil then so must the finger and opposing hand/arm when "bump firing" since it forms the mechanical support necessary for the repeated action. If that argument is valid, then hands and arms become "machine gun parts", possession of which (without documents) are illegal. So everyone report to your local BATF office to either be jailed or surrender at least one arm to the BATmen. :43:

[qbertquartz2]

I hope you prevail as well Bill. Good luck, I'm rooting for ya.:cowboy:

[daves100]

was bored and looking around ATF web site and found this letter
http://www.atf.gov/alcohol/info/revrule/rules/atfruling_2006-2.pdf

sems like they are trying to cover there ***'s



hope you win Bill

[Wyatt]

was bored and looking around ATF web site and found this letter
http://www.atf.gov/alcohol/info/revrule/rules/atfruling_2006-2.pdf

sems like they are trying to cover there ***'s



hope you win Bill

To the extent that previous ATF rulings are inconsistent with this determination, they are
hereby overruled.
Date approved: December 13, 2006

Nice that they can just shift on the fly. Good luck with the fight!

[AfricanHunter]

Akin's Accelerator has filed second suit. Found this info on http://armsandthelaw.com/

PDF here;

http://www.georgiapacking.org/docs/akins2/Doc%201%20Complaint.pdf

[MisterDudeManGuy]

This is no different than a person who could rapidly activate the trigger manually at high speed.


Well, yeah it is different. Actuating the trigger quickly on a semiauto is a matter of motor skill, and some can do it fast and some can't. The Akins stock takes motor skill out of the equation, and as such is an attachment that is solely designed to make a weapon function as a machine gun.

In fact, it turns around the skill equation. It makes it a matter of skill to be able to fire one shot, rather than to fire many.