Sig Sauer has lost what is likely is first round of legal battles against the BATFE on the legal definition of the MCX’s “Muzzle Brake.” Granting summary judgement (a rare ruling typically on used when the judge believes the overwhelming or primae fascia evidence is in one party’s favor and that a trial would be a foregone conclusion).
- The judge agreed that it was the intent of the brake to be a suppressor.
- The judge agreed with the ATF’s assertion that it was primarily a baffle stack.
- Judge agreed that muzzle brakes are functionally 2-3″ long.
In my mind, what is most worrying is the ATF continues to not disclose its test to determine if an item meets the NFA. Specifically, Sig sued as they believed the ruling was “arbitrary and capricious” as they did not have a formal framework by which to determine the items classification.
Rather than disclose its actual test, the ATF was successful at using a judge to make a determination. With the judge’s ruling, it will be difficult for Sig to challenge the ATF, as they would have to dispute a Judge’s ruling rather than the definition.
I hope they continue the good fight.