ATF’S “RAID” ON DIVERSIFIED MACHINE
Following a December 2020 raid on Diversified Machine, ATF has been sending letters to Diversified Machine’s customers. In the letters, ATF recites the definition of a “silencer” and demands that the recipient contact their local ATF office within 30 days of receipt of the letter. These letters appear to have been sent to all individuals who purchased certain products from Diversified Machine.
As background, Diversified Machine was selling solvent trap kits and other parts that ATF alleges were silencers (which would typically require a Form 4). ATF’s argument relies on the incredibly broad definition of “silencer”contained in the Gun Control Act at 18 U.S.C. § 921(a)(24) which states a “silencer” is “any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.” Under this definition a part to be incorporated into a silencer, is itself a silencer.
RISKS TO DIVERSIFIED MACHINE CUSTOMERS
In general, there are two classifications of people who received the letters: those who obtained a form 1 for a suppressor and those who did not. Those who obtained a form 1 are in a better position as they did submit paperwork to register a suppressor even if ATF states that the registration should have been on a form 4 instead of a form 1. On the other hand, those who did not submit a form 1 are at a higher risk.
WHAT WE ARE DOING TO HELP RECIPIENTS OF THE ATF DIVERSIFIED MACHINE LETTER
We are already working to advise multiple clients who received ATF’s Diversified Machine letter to protect their rights. Our primary goal in these cases is to avoid any potential criminal prosecution and our secondary goal is to allow people to keep the items they purchased. This is most likely for those who submitted a form 1. Speaking with law enforcement (especially ATF) can be a mine field and should be undertaken with the utmost caution. As firearms lawyers who are knowledgeable in the area of silencers and the response by the ATF in regards to Diversified Machine, our many years of dealing with both the regulatory and criminal enforcement sides of ATF have allowed us to navigate these waters. If you received one of ATF’s Diversified Machine letters please contact us as soon as possible, and ensure you do not miss your deadline to respond. We know this can be incredibly stressful, but we are here to help.
You can call us at 888.399.7863 or email us at info@munitionsgroup.com.