Adamiak's Attorney Strikes
Back at his Criminal Charges

The criminal case against Patrick "Tate" Adamiak is the first time the government has ever applied the National Firearms Act to a bunch of gun parts that the ATF still allows for unrestricted sale without requiring any federal paperwork or even ID, which somehow led to Adamiak's 20-year federal prison sentence, his attorney Matthew Larosiere said in a document filed this week with an appellate court.

Larosiere is asking to present his case to the entire U.S. Court of Appeal for the Fourth Circuit, after a panel of three appellate judges heard the case, because "the panel opinion overlooks and misapprehends material facts and controlling law, and because the questions presented are of exceptional importance."

Larosiere has three main legal issues:

1. "The panel overlooked or misapprehended the undisputed record evidence that all items underlying Appellant's convictions were non-functional relics requiring material alteration and fabrication, not mere assembly, to become NFA-subject weapons. This renders the evidence legally insufficient.

2. The panel misapprehended and failed to address Appellant's preserved Second Amendment challenge, short-circuiting the Bruen test and treating the challenged conduct as categorically valid without conducting the required inquiry.

3. The panel insisted that a bill of particulars would have cured the notice issues in the indictment, but it is a settled rule that a bill of particulars cannot save an invalid indictment.

Larosiere then put the main issues of this case into layman's terms. …