Sig Sauer claims the ATF misclassified the muzzle brake device on their MPX as a suppressor, and the judge presiding over the case thinks both sides have some good points, but may be leaning more in favor of the bureau.
Judge Paul J. Barbadoro didn’t agree with the ATF’s assessment that the MPX’s muzzle device was a suppressor, but he also didn’t agree with Sig Sauer’s proposed solution either.
“My strong preference would be and current intention would be to remand the matter so that the (Bureau of Alcohol Tobacco Firearms and Explosives) could consider the issue under a correct standard,” said Judge J. Barbadoro.
The device on the end of the MPX is essentially the internal component for a suppressor. By attaching a sleeve, the “muzzle brake” then acts just like a suppressor. Barbadoro recognizes this.
“It looks to me like they manufactured the internal part of a silencer, they welded it to the gun to get it above 16 inches, and you just need to put a sleeve over it and you’ve got your standard issued silencer, that’s what it looks to me as a layperson, but that’s not the issue I’m talking to (the ATF) about,” said Barbadoro.
The issue Barbadoro has with the ATF is not that the muzzle brake resembles a suppressor, but their accusation that Sig Sauer intentionally tried to circumvent the law with their device. Barbadoro needs more time to carefully consider the evidence before making a decision.
“I think substantively it’s a very important issue, this statute is a very significant statute, and I am not going to be the one to say without holding any trial, receiving any evidence, making any findings of fact, that I’m concluding as a matter of law that this is not a silencer and you can go ahead and sell it around the world,” said Barbadoro. “I’m not going to do that. That would – that is a – something that requires very careful consideration of evidence.”
Barbadoro will be issuing his ruling some time this month.
(The following was a submission from freelance writer Brent Rogers; H/T Guns.com)