“A Bud Light is not ‘Single-Malt Scotch,’ …”

“… just because it is frequently served in a glass container, contains alcohol, and is available for purchase at a tavern.”

That’s part of the reasoning in an excellent opinion by Judge John Bates of the U.S. District Court for the District of Columbia, handed down yesterday.  Judge Bates rejected the Bureau of Alcohol, Tobacco, Firearms and Explosives’ attempt to classify a muzzle brake as a silencer based solely on the presence of “physical characteristics that are consistent with those of known firearm silencers,” rather than testing the brake to see if it was really a “device for silencing, muffling, or diminishing the report of a portable firearm.”  The decision is potentially very important for anyone contesting similar ATF determinations as to other items.

Congratulations to my officemate Dan Peterson on the victory.

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