by Lee Williams
For those seeking to add some flair to their man cave, inert or nonfiring Rocket Propelled Grenade (RPG) launchers may satisfy your needs. GunBroker.com offers inert RPG-2 rockets for $120.00, a nonfiring RPG-7 replica for $395.00, or an inert Russian RPG-2 rocket launcher package with rocket, firing pin and hard case for $1,200.00. Spare ammo, inert RPG-7 HEAT rockets, run around $229.00.
None of these inert rocket launchers require a Federal Firearm License for the purchase because they’re not firearms. They are not real. Many have had their internal parts stripped. To be clear, these are non-firearms, which are perfectly legal for anyone to buy or own … unless you’re Patrick “Tate” Adamiak.
Adamiak is about to start the third year of his 20-year federal prison sentence because the ATF reworked his legal inert RPGs until they were capable of firing a single 7.62x39mm round.
In other words, the ATF turned his inert RPGs into live illegal weapons, which they called “destructive devices.” It shouldn’t come as any surprise. The same ATF technician who reworked the RPGs doctored Adamiak’s toy STEN submachinegun – legally a toy and still available for sale online – until it could fire a single round. Officially, he even labeled it a machinegun.
If it wasn’t for the federal RPG charges, Adamiak would have already finished his prison sentence. As to the fact that the ATF illegally turned his inert RPGs into live destructive devices, no government official seems to care.
“The two RPGs are what added the most amount of time to my prison sentence. Even if all of my other charges were legitimate – which they are not – I would have already completed more than the average sentence for possession of a fully functional machinegun, which I did not have – not even close,” Adamiak said this week from his federal prison in New Jersey.
United States Attorneys Jessica Aber and Victoria Liu were able to convince Adamiak’s jury that the 100% legal inert RPGs he owned were the equivalent of an anti-tank or an anti-aircraft missile system, even though he bought them openly and legally at a military surplus convention and gun show when he was only 19 years old.
“Doing so qualified me for a sentencing enhancement for possession of a missile launcher, effectively pushing up my recommended sentence to life in prison,” Adamiak said. “This particular sentencing enhancement has only been applied to defendants a couple of times in U.S. history, one being me. If it weren’t for this enhancement, I would already be out of prison.”
Background
Adamiak was an active duty Navy E-6 who was about to enter Naval Special Warfare. He also operated a website that offered militaria, which was all legal.
“I collected all types of military memorabilia but had a particular interest in historic weaponry. I had dozens of inert or replica grenade launchers, rocket launchers, mines, artillery shells, and various other inert munitions in my collection. The RPGs were the centerpiece of my collection. They are a piece of iconic military history,” Adamiak explained.
To be clear, the RPGs were inert and nonfunctional. They were marked “Inert” and “Training aid dummy” in bold letters that were professionally engraved and painted.
Adamiak’s RPGs were marked “INERT” and “TRAINING AID DUMMY.” (Photo courtesy of Adamiak).
The serial numbers on Adamiak’s inert RPGs told the real story. Both numbers began with “TAD” for “Training Aid Device.”
“This indicates that they were actually manufactured to be a training aids and not weapons. Also, data plates from legitimate RPG’s always have Cyrillic or Russian letters written on them, which mine did not. This reinforced my belief that they were inert,” he said.
Perhaps the biggest factor that demonstrated that Adamiak’s RPGs were not weapons but training aids were massive holes drilled in the high-pressure area of the tubes – right where an operator’s face would be when firing them.
Even one of the government’s witnesses – Gregory Pruess, a criminal informant who was paid $8,000 for his participation in the case and was told that felony gun charges he faced would be dropped if he helped that ATF secure a conviction against Adamiak – testified that the hole would “blow your head off” if anyone attempted to fire a live rocket from the launcher.
Perhaps most telling was that Adamiak’s inert RPGs were missing all of the critical fire control components, which were never found in his possession. As a result, case law was on Adamiak’s side.
According to United States of America, Plaintiff-appellee, v. Douglas Blackburn, Defendant-appellant, 940 F.2d 107 (4th Cir. 1991), a defendant “may be penalized for only the number of destructive devices which may be ‘readily assembled’ from the parts in his possession. A defendant must possess every essential part necessary to construct a destructive device.”
Adamiak had none of the essential parts needed to turn his RPGs into actual weapons.
ATF Misconduct
ATF Firearms Enforcement Officer Jeffrey Bodell, who turned Adamiak’s toy STEN into a machinegun, was the prosecution’s main witness for the RPGs.
Bodell took the inert rocket launchers to the ATF’s lab and added missing fire-control components including a firing pin from a functional RPG from the ATF’s collection. The agent also added a sub-caliber training device, which can fire 7.62x39mm rounds on its own without even loading it into an RPG.
“He fired a 7.62x39mm rifle cartridge through it utilizing the sub-caliber training device, which is a standalone rifle that can be fired independently on its own,” Adamiak said.
Bodell falsely testified that the missing parts didn’t matter, legally.
“It doesn’t matter whether it fires or not, and if it’s missing some component parts, it wouldn’t be relevant to the classification of a destructive device,” Bodell told the court, which is not what the statute or case law state.
Bodell even made a video of him and an assistant firing one rifle round from Adamiak’s heavily converted RPG.
“An RPG is a very simple and crude device,” Adamiak said. “Taking a piece of metal pipe and hose clamping a fire control mechanism to it would effectively duplicate what Bodell did in his testing.”
Truth vs. Absurdity
Adamiak is firmly convinced both RPGs were high-quality replicas made for training. When he transferred from California to the East Coast he flew commercially with them in his luggage, and the TSA never questioned him.
The launchers were displayed openly in his home for nearly a decade. Adamiak never even considered them to be illegal.
His former trial attorneys actually told Adamiak that they were happy he was charged with the RPGs because it was such a ridiculous claim that it would damage the ATF’s credibility and no reasonable jury would convict him for the “toys.”
Said Adamiak: “Over the years, I had several guests pose for photo opportunities with the iconic RPGs, including myself. To me, this proves that I viewed them as toys. No reasonable person that has illegal and highly regulated devices would pose for photos with something that will land you in prison. I even posted these photos publicly because they’re toys, not destructive devices.”
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Fucking hell, I hate the government so much.
Nothing new…Gun Control has been persecuting people for centuries…And as long as the 1968 Gun Control Act remains on the books Gun Control zealots will remain emboldened. So until Gun Talking blowbags equate Gun Control with its filthy sidekick Slavery and like slavery call in mass for Gun Control to be abolished it will be business as usual. I’m sure the usual suspects who ride me for speaking The Truth About Gun Control will be leading the charge…right.
There is more to the story than what is laid out here. TTAG is turning into less about (whole) truth and more into whole agenda. Regardless of what side you are on, agenda driven articles are misleading and inflammatory. Prudent readers will need to confirm the ‘facts’ presented in TTAG articles and arrive at informed conclusions instead of what the author wants you to assume.
In this case, the defendant was found guilty of trafficking “illegal machine guns that were not registered”. This is conveniently left out of the story above, and instead focuses on the action(s) of the ATF in addition to that (repugnant as they may be, the defendant was still guilty of illegal behavior).
The NFA is absolutely unconstitutional on so many levels that it isn’t even funny any more — regardless, that doesn’t mean that you get to flout the law and then appeal for mercy because of TLA misconduct. Change the laws that are bad, in the meantime, OBEY the law.
Ref: https://www.justice.gov/usao-edva/pr/virginia-beach-man-sentenced-dealing-illegal-machine-guns
Just wow
Power and control on full display. Dismantling the agency would only be a half measure.
I’m just waiting for the ATF to actually argue in court that someone needs to go to prison because stuck gyrojets cause a 6% increase in damage, each.
The agency should stop protecting agents who perform such blatant fraud and openly commit perjury in court. The agent should be publicly dismissed and charged with perjury for this case. This is way beyond any protection “qualified immunity” should provide.
100% agreed.
As for my other comment, I’ll just let that failed joke kinda ride.
This story has been beaten to death on YouTube. Obviously needs a pardon!!!
A pardon admits a crime was committed in the first place. The victim of this miscarriage might go free, with a pardon, but never be allowed to legally possess firearms again.
Where are all the big name gun rights orgs? Why hasn’t this case been pushed to the top of Bondi’s agenda, intervening in the appeals process? Why are the appropirate representatives and senators not pressuring DOJ to “fix” this? Where is DOD announcing it will reinstate Adamiak in the Navy?
“Imprison the suspect first, then due process.”
A pardon allows for immediate restoration of rights. While it remains on the record, it’s not as a penalty and has no effect on rights. If you tell me I can get a pardon and get out of jail and get my rights back, I’ll say whatever you want. It can’t be held against me.
EXACTLY!
Correct me if I’m wrong but lying under oath is a crime isn’t it?
“Correct me if I’m wrong but lying under oath is a crime isn’t it?”
Stating an expert opinion isn’t lying. Such an opinion can be challenged by other experts, but differenced of opinion isn’t a crime.
Shame on you for implying that ATF and the trial judge conspired to arrange a fraudulent conviction.
Sam an opinion is just that an opinion. But when an “expert” witness tampers with the evidence they are testifying about then misleads the jury about the laws regarding that evidence that is lying.
And I would never imply such things about the atf or a judge.
I would strait up say they are corrupt and conspired to fraudulently convict that man.
“Sam an opinion is just that an opinion. But when an “expert” witness tampers with the evidence they are testifying about then misleads the jury about the laws regarding that evidence that is lying. “
An expert opinion that a non-functioning firearm can be turned into a fully functioning, single shot, semi-auto automatic machine gun is not lying.
And a judge refusing to allow a firearms expert to deliver an expert analysis/opinion that favors a defendant is well within the discretion of said judge. The law is a ass, a idiot, when there is a need to protect the public. Take the guns first, go through due process second.
Only when you or I do it.
No one would pose with illegal weapons or destructive devices. Ehhh I don’t know about that, a lot of kids posing with Glock auto switches do. Oh he said reasonable person, well that leaves that out.
WTF did Adamiak do to piss of the ATF so much. Did he buy a Matt Hoover key card?
Come on Trump, Adamiak is a member of Our armed forces. If we put a buffalo horn hat on his head could you pardon him too?
I guess Adamiak found out wearing rubber boots don’t help much when the shit is tits deep.
The Right To Bear Arms Shall Not Be Infringed.
Rights allowed by Government are not rights but permissions.
I have permission to drive a motor vehicle, and I am. I’m going to drive to the gun store fill out a 4473 form and wait until My government and its bureaucratic ATF agency gives me permission to buy a gun, again.
“WTF did Adamiak do to piss of the ATF so much”
Most interesting question.
This is what happens when the ATF comes to your house and you don’t have a dog.
Zing!
+100
the ATF gets to save a bullet.
ATF agent Bodell is a disgrace and needs to be held publicly accountable for his actions, and used as a “don’t be this guy” poster boy for a long , long time. I’m grateful to Lee Williams (author of the story) for keeping this sailor’s story in the public forum. Lee has been tracking this story for some time on his substack page “The Gun Writer”, anyone who cares about their 2nd Ammendment rights should follow Lee.
I have to wonder if the defendant’s defense council was incredibly inept. If the items were replicas or inert, why didn’t defense council bring in subject matter experts to establish that? After that, why didn’t defense council bring in additional subject matter experts (in the law) to establish that owning replicas or inert items were legal?
If the court somehow refused to allow defendant’s council to bring in subject matter experts, then that should be cause for a new trial. What am I missing?
u_c his expert witness, an ex atf employee of some sort was only permitted to speak on some narrow range of subjects. Why that was idk. Seems to me he was railroaded right into prison.
“Adamiak’s defense witness was former ATF senior official Patrick G. O’Kelly.
“O’Kelly joined the ATF as a Special Agent in 1988 after serving 10 years as a sworn police officer. He became a legend within the agency, including a stint as the lead instructor of Firearm Technology on staff at the ATF National Academy. O’Kelly has taught internationally and co-wrote the program establishing the Certified Firearm Specialist for the ATF, while he was at the U.S. Military Academy at West Point.
“O’Kelly is personally dedicated to stopping ATF’s abuses and making the agency better.”
Seems strange 3yrs and no appeal or request for a new trial.
Or were those denied?
The Navy didn’t even trash him like they usually do in such cases.
Where’s all the pro 2A orgs that should be jumping on this? I think this case would be a prime example to show the atf over reach and dirty dealing to the public. Also the leftist judge and prosecutors.
I know they have full plates but where’s the AG and the Prez on this?
Some pro-2A organizations are championing this case.
I’ve seen multiple articles about it from pro-2A organizations, including from JPFO (Jews for the Preservation of Firearms Ownership).
I don’t know if they’ve offered any legal help, though, or only moral support and appeals to “call your Congressman.”
At this late date, his best hope is probably a Presidential pardon, if they can get the senile dotard president off the golf course and get him to talk about something other than his obsession with children’s dolls.
The article did not give the citation to the actual statute, section, subsection, etc. under which he was convicted. Could be that even though the “destructive device” was inert/inoperable/a toy, it might run afoul of the law if it was “readily convertible” to fire a projectile or made into a “destructive device.” Perhaps that does not apply in this case, but more legal research needs to be done. We cannot just take the assertions of one convict that he is unjustly convicted. He could be right. But we need to hear “the other side of the story” before we decide the ATF & U.S. Attorney were wrong and Defense Counsel (if there was one) was not competent.
…the ATF reworked his legal inert RPGs until they were capable of firing a single 7.62x39mm round.
Wait, what? They straight up added a trainer? Isn’t that, in and of itself, a firearm? HeY gUyZ I sTuCk a GuN iN DiZ tHiNg AnD nOw iT sHoOtz dA BulLetZ!
…able to convince Adamiak’s jury that the 100% legal inert RPGs he owned were the equivalent of an anti-tank or an anti-aircraft missile system…
Lol, wut!? Did they manage to select a jury entirely made up of <70 IQ "persons" or did this guy have the worst lawyers, like, ever? Sure, they thought this was easy and then they got their boy 20 years. WTF?
Yo, Elon, I found some fraud and abuse for you!
and why hasn’t any republican brought this up to the trump admin to help him out?
The “agent” the technician, their boss, his boss, his boss, etc. should be imprisoned to finish Patrick Adamiak’s time.