Buckeye Reporter

In the early 1980s, several firearm companies released semi-automatic firearms that fired from an open bolt to meet customer demand. These guns were not subject to the National Firearm Act (NFA) and became known as "pre-ban" open-bolt semi-auto pistols and carbines. Despite their popularity in movies and culture, these semi-autos were easier to own than their fully automatic counterparts.

Today, such firearms can be purchased with an ATF Form 4473 and a background check, similar to other legal firearms. They are not capable of fully automatic fire and thus do not require a $200 NFA tax stamp or an invasive background investigation by the ATF.

Patrick Tate Adamiak, a former U.S. Navy sailor, owned five of these legal firearms. Four were made by RPB Industries, while one was an Interdynamic KG-9. According to Adamiak, “All were 100% legal. I purchased them through an FFL dealer, filled out the ATF Form 4473, and completed the background check.” He described his collection as more of an investment rather than for use.

However, despite being legally owned, all five firearms were seized and counted against him as "illegal machineguns," which added years to his sentence. Adamiak said this was due to biased reporting by ATF firearms enforcement officer Jeffrey Bodell.

Bodell's report listed each firearm as a "suspected machinegun," although testing showed they only fired semi-automatically. In court, Bodell maintained that he classified the weapons as machineguns based on his interpretation of ATF rulings.

Adamiak’s defense faced challenges in court when his expert witness's testimony was blocked due to courthouse rules. The expert disagreed with Bodell’s classification of the firearms but could not present this opinion to the jury.

Adamiak is currently serving a 20-year sentence in federal prison in New Jersey. He advises owners of rare open-bolt semi-autos to keep copies of relevant ATF rulings with their firearms as proof of legality.

Lee Williams is chief editor at the Second Amendment Foundation's Investigative Journalism Project.