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Posted: 4/9/2014 4:15:02 PM EDT
Sig Sauer sues ATF for calling its 'muzzle brake' a gun silencer

NEWINGTON — Gun maker Sig Sauer has filed a civil suit against the federal Bureau of Alcohol, Tobacco, Firearms and Explosives claiming the federal agency wrongfully classified a “muzzle brake” Sig designed to reduce recoil, as an item “intended only for use” when making a silencer.

Sig claims that gun silencers are “subject to burdensome legal requirements” and by calling its muzzle brake a part for a silencer, the federal agency is subjecting it to “economic injury.”

“If classified as a silencer, no market exists for the subject device given that it will not silence, muffle, or diminish the report of a firearm and yet it would still be subject to the burdensome requirements set forth above as if it really is a silencer,” Sig argues through Manchester attorney Mark Rouvalis and Virginia attorney Stephen Halbrook.

ATF Director B. Todd Jones is named as defendant in Sig's lawsuit and has 21 days, after being served, to respond to the civil action, dated April 7.

Sig claims it designed the muzzle brake which “effectively reduces recoil and muzzle rise when a shot is discharged” and as such, it's not subject to regulation under the federal Gun Control Act.
View Quote
More at link.

ETA: Link to complaint provided by NoloContendere
http://www.scribd.com/doc/217525302/Sig-Sauer-v-ATF-Complaint

Update 9-10-2014 AT
Scribd: JOINT MOTION TO EXTEND THE STAY
OF LITIGATION AND AMEND SCHEDULE pdf

The Parties have been working to meet these deadlines, and have agreeably
allowed for adjustments in the schedule of submissions. ATF recently provided Sig Sauer with
the results of its re-examination of the muzzle device. In its letter, ATF once again classified Sig
Sauer's submitted device as a "firearm silencer,"
rejecting Sig Sauer's contention that the device
is instead a"muzzle brake." Sig Sauer is preparing a response, which will be submitted on or
before September 19,2014. Unless ATF changes its position, the Parties anticipate that this
matter will make its way back before the Court.
...snip....
a. The Court will extend the stay of litigation for a period of forty five (45)
additional days, until November 1,2014.
View Quote


ETA: 10/20/2014

14-Cv-00147-d-11-First-Amended-Complaint
14-Cv-00147-D-12-Motion-to-Extend-Time
14-Cv-00147-D-13-Answer-to-Plaintiffs-First-Amended-Complaint

ETA: 01/13/2015
ETA:
I'll save my Pacer account and link to the documents at   michellawyers.com/sig-sauer-v-batfe-new-hampshire/:
TRIAL NOTICE: Bench Trial set for the two-week period beginning 6/2/2015 09:00 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 5/22/2015 02:00 PM before Judge Paul J. Barbadoro. Pretrial Statements due 5/4/2015. LR 16.2(d) Objections due 5/18/2015. Summary Judgment Motions due by 1/9/2015.(js)
View Quote

Sig-Sauer-v.-BATFE_Index-to-Administrative-Record.pdf (12/15/2014)
Sig-Sauer-v.-BATFE_Defendants-Motion-for-Summary-Judgment1.pdf (01/09/2015)
Sig-Sauer-v.-BATFE_Plaintiffs-Motion-for-Summary-Judgment-and-Request-for-Oral-Argument.pdf (01/09/2015)

ETA: Objections to Motions for Summary Judgements

Plaintiffs-Objections-to-Defendants-Motion-for-Summary-Judgment.pdf(2-09-2015)
Assented-To-Motion-for-Leave-to-Late-File-Defendants-Objection-to-Plaintiffs-Motion-for-Summary-Judgment.pdf(2-10-2015)
Defendants-Memorandum-In-Objection-to-Plaintiffs-Motion-for-Summary-Judgment.pdf(2-11-2015)

ETA:
It appears both parties ask for a 60 Day extension on 4/29/2015 , judge set the following:
04/30/2015 TRIAL NOTICE: Bench Trial set for the two-week period beginning 8/4/2015 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 7/21/2015 03:00 PM before Judge Paul J. Barbadoro. Pretrial Statements due 7/1/2015. LR 16.2(d) Objections due 7/15/2015. (vln) (Entered: 04/30/2015)
View Quote


ETA 6/30/2015: Updated court record from today:
RESCHEDULING NOTICE of Hearing. Final Pretrial Conference set for 7/17/2015 04:00 PM beforeJudge Paul J. Barbadoro. (vln)
View Quote


ETA: 7/22/2015
The Motion hearing was held 7-17:
Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 7/17/2015 re[18] MOTION for Summary Judgment , [19] MOTION for Summary Judgment . Order to issue.
(Court Reporter: Sandra Bailey)
(Pltfs Atty: Stephen P. Halbrook)
(Defts Atty: William Ryan)
(Total Hearing Time: 2:40) (vln)
View Quote


ETA: 8/6/2015
Checked for updates this morning and this is what I got when I went to download the Transcript.

Full docket text for document 31:
TRANSCRIPT of Proceedings for Motion Hearing held on 7/17/2015. Court Reporter: Sandra Bailey,
Telephone # XXXXXXXXXX.
Transcript is available for public inspection, but may not be copied or
otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record
and pro se parties with an ECF login and password who purchase a transcript from the court reporter will
have access to the transcript through PACER during this 90day
period. If you would like to order a
copy, please contact the court reporter at the above listed phone number.
NOTICE: Any party who requests an original transcript has 21 days from service of this notice to
determine whether it is necessary to redact any personal identifiers and, if so, to electronically file
a Redaction Request.

Redaction Request Follow Up 8/28/2015. Redacted Transcript Follow Up 9/8/2015. Release of
Transcript Restriction set for 11/2/2015.(vln)
View Quote

ETA 11/17/2015
SIG SAUER v ATF
TRANSCRIPT OF MOTION HEARING BEFORE THE HONORABLE PAUL J. BARBADOROD.N.H._1-14-cv-00147_31_0
(Scribd pdf)

ETA: 9-26-2015
MEMORANDUM AND ORDER pdf
...snip...
IV. CONCLUSION

The ATF’s classification of Sig Sauer’s device as a firearm silencer was not “arbitrary, capricious, . . . or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). Accordingly, I grant ATF’s motion for summary judgment (doc. no. 18), and I deny Sig Sauer’s motion for summary judgment (doc. no. 19). The clerk shall enter judgment accordingly and close the case.
SO ORDERED.
/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
View Quote


ETA: 11/17/2015
Notice of appeal filed10/15/2015:
Pursuant to Rule 4(a) of the Federal Rules of Appellate Procedure, notice is hereby given that SIG SAUER, Inc., Plaintiff in the above named case, appeals to the United States Court of Appeals for the First Circuit from the Final Judgment entered in this action on the twenty fourth day of September, 2015.
View Quote


The hearing transcript has also been released. I will try to post it later this evening.
SIG SAUER v ATF
TRANSCRIPT OF MOTION HEARING BEFORE THE HONORABLE PAUL J. BARBADOROD.N.H._1-14-cv-00147_31_0
(Scribd pdf)
Link Posted: 4/9/2014 4:15:34 PM EDT
[#1]
Good
Link Posted: 4/9/2014 4:16:07 PM EDT
[#2]
The only gun on my wishlist is the MPX-C with the muzzle break.    
Link Posted: 4/9/2014 4:16:38 PM EDT
[#3]
Sig vs. GCA


Good fight, but Sig won't win.

ETA: Autocorrect sucks.
Link Posted: 4/9/2014 4:16:58 PM EDT
[#4]
Dangerous strategy.

That said, "Go get 'em, Sig!"
Link Posted: 4/9/2014 4:16:59 PM EDT
[#5]
Yes! Fuck their arbitrary shit.
Link Posted: 4/9/2014 4:17:07 PM EDT
[#6]
That's it!

My first pistol will be a Sig.
Link Posted: 4/9/2014 4:17:08 PM EDT
[#7]
Sig likes to fight the Feds!  Time for another Sig
Link Posted: 4/9/2014 4:17:44 PM EDT
[#8]
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."
Link Posted: 4/9/2014 4:18:13 PM EDT
[#9]
No pics of the disputed device in OP or link.

Fail.
Link Posted: 4/9/2014 4:19:05 PM EDT
[#10]
The Newington gun maker's suit, filed in the U. S. District Court of New Hampshire, states that it submitted a rifle, with its muzzle brake, to the ATF on April 4, 2013 for evaluation. The device is described as 9.5 inches long and permanently attached with a weld to a 6.5 inch barrel, making the overall barrel length 16 inches.
View Quote


Wait, is this in regards to the short barrel 9mm carbine that was billed as "suppressor ready?"
The ATF changed their minds?
Link Posted: 4/9/2014 4:19:05 PM EDT
[#11]
Good luck.. Since the 1986 FOPA legislation, any part of a silencer is considered a silencer itself.


Link Posted: 4/9/2014 4:19:25 PM EDT
[#12]
I have purchased several Sig products so far this year, and will continue to buy Sig products as they continue to screw with the unconstitutional abomination that is the ATF



Good luck to them in this endeavor.




I'm assuming this is referring to that huge brake on their new MPX?
Link Posted: 4/9/2014 4:19:39 PM EDT
[#13]
Link Posted: 4/9/2014 4:19:40 PM EDT
[#14]
I will try to make my next gun purchase some sort of Sig.
Link Posted: 4/9/2014 4:20:04 PM EDT
[#15]
I'm going to have to buy a Sig now.



And I don't even like them because all their best guns aren't lefty friendly!
Link Posted: 4/9/2014 4:20:06 PM EDT
[#16]
Good. Big company with deep pockets, so hopefully they can get it reversed and establish precedence.
Link Posted: 4/9/2014 4:20:13 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."
View Quote

Makes me want to buy more Sig products.
Link Posted: 4/9/2014 4:20:47 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Makes me want to buy more Sig products.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."

Makes me want to buy more Sig products.


You always want to buy more Sig products.



Same here.
Link Posted: 4/9/2014 4:20:52 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Yeah... this.

Rather WTF? Granted WTF in a very  good way, but still kinda WTF?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."


Yeah... this.

Rather WTF? Granted WTF in a very  good way, but still kinda WTF?


They apparently understand quite well their constituency.
Link Posted: 4/9/2014 4:20:52 PM EDT
[#20]
Can I buy this on PPV?
Link Posted: 4/9/2014 4:20:53 PM EDT
[#21]
any pictures of this device?
Link Posted: 4/9/2014 4:21:01 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No pics of the disputed device in OP or link.

Fail.
View Quote



Yeah I was thinking the same..

This?

Link Posted: 4/9/2014 4:21:05 PM EDT
[#23]
They've got balls.
Link Posted: 4/9/2014 4:21:09 PM EDT
[#24]
Link Posted: 4/9/2014 4:21:34 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No pics of the disputed device in OP or link.

Fail.
View Quote



Link Posted: 4/9/2014 4:21:40 PM EDT
[#26]
Im about to buy another Sig.
Link Posted: 4/9/2014 4:21:55 PM EDT
[#27]
Link Posted: 4/9/2014 4:22:10 PM EDT
[#28]


I had a suspicion something might be happening after this ruling for another muzzle device.

http://www.shootingwire.com/features/228649
Link Posted: 4/9/2014 4:22:46 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Yeah I was thinking the same..

This?

http://www.guns.com/wp-content/uploads/2013/01/sig-mdx-1.jpg
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
No pics of the disputed device in OP or link.

Fail.



Yeah I was thinking the same..

This?

http://www.guns.com/wp-content/uploads/2013/01/sig-mdx-1.jpg



yep the baffles are already in place just have to form 1 it and buy the sleeve and boom silenced.
Link Posted: 4/9/2014 4:23:09 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No pics of the disputed device in OP or link.

Fail.
View Quote

If it is this, then Sig might have one hell of a battle.



Link Posted: 4/9/2014 4:23:46 PM EDT
[#31]
I might have to purchase a MPX now.
Link Posted: 4/9/2014 4:24:10 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I had a suspicion something might be happening after this ruling for another muzzle device.

http://www.shootingwire.com/features/228649
View Quote


Thank you for posting that link. I knew I'd seen the ATF get spanked recently over the same thing in the past week or so...
Link Posted: 4/9/2014 4:24:40 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



yep the baffles are already in place just have to form 1 it and buy the sleeve and boom silenced.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
No pics of the disputed device in OP or link.

Fail.



Yeah I was thinking the same..

This?

http://www.guns.com/wp-content/uploads/2013/01/sig-mdx-1.jpg



yep the baffles are already in place just have to form 1 it and buy the sleeve and boom silenced.

Well all you have to do with a threaded barrel is screw on a suppressor.

Posted Via AR15.Com Mobile
Link Posted: 4/9/2014 4:25:36 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Sig likes to fight the Feds!  Time for another Sig
View Quote


This is not new.

Link Posted: 4/9/2014 4:26:40 PM EDT
[#35]
They need to release that bastard as a semi auto pistol. At that point I'll stop wanting an SP89.
Link Posted: 4/9/2014 4:26:40 PM EDT
[#36]
FBATFE

Go SIG!
Link Posted: 4/9/2014 4:26:44 PM EDT
[#37]
Outstanding. Wish more gun makers would show the same balls.
Link Posted: 4/9/2014 4:27:01 PM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Well all you have to do with a threaded barrel is screw on a suppressor.

Posted Via AR15.Com Mobile
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
No pics of the disputed device in OP or link.

Fail.



Yeah I was thinking the same..

This?

http://www.guns.com/wp-content/uploads/2013/01/sig-mdx-1.jpg



yep the baffles are already in place just have to form 1 it and buy the sleeve and boom silenced.

Well all you have to do with a threaded barrel is screw on a suppressor.

Posted Via AR15.Com Mobile


I thought the ATF looked at the baffles the same as the whole suppressor.
Link Posted: 4/9/2014 4:27:10 PM EDT
[#39]
Link Posted: 4/9/2014 4:27:21 PM EDT
[#40]
Damnit now I have to go out and by a Sig
Link Posted: 4/9/2014 4:27:27 PM EDT
[#41]


Good, I know Sig did it for their own business reasons, but I''m glad they're fighting it.

Guess I'll finally buy one or two of those overpriced Sig braces for my pistols. Had been waiting for prices to go down, but I'll toss them a couple bucks for the lawsuit.
Link Posted: 4/9/2014 4:27:29 PM EDT
[#42]
Good for Sig.  They seemed to have realized that they have an entire market they can tap by telling the ATF "Suck it.  Here's stuff that works within your arbitrary guidelines".
Link Posted: 4/9/2014 4:27:49 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."
View Quote


I don't know, but I like it.

Even if they don't win, they'll make up the lawyer fees from people buying Sig stuff because they like this kind of thing.  Brilliant marketing/publicity move on their part.  

 I will likely be one of them.

I hope this kicks off an arms race among gun manufacturers of who can fuck with the ATF the most.
Link Posted: 4/9/2014 4:27:57 PM EDT
[#44]
It would be cool to have perma attached baffles to get it down to sbr length, and with only one form 1 be able to install the sleeve on whatever gun you are currently shooting.



But I think its a stretch to think the atf would have gone a long with this.
Link Posted: 4/9/2014 4:27:58 PM EDT
[#45]
Will Sig be the next Ares?
Link Posted: 4/9/2014 4:28:24 PM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."
View Quote



You don't think every person in the gun industry has those days several times a year?
Link Posted: 4/9/2014 4:29:17 PM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Will Sig be the next Ares?
View Quote


There's a lot of NH pride with that company. That would...not go over well here.
Link Posted: 4/9/2014 4:29:18 PM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I don't know, but I like it.

Even if they don't win, they'll make up the lawyer fees from people buying Sig stuff because they like this kind of thing.  Brilliant marketing/publicity move on their part.  

 I will likely be one of them.

I hope this kicks off an arms race among gun manufacturers of who can fuck with the ATF the most.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."


I don't know, but I like it.

Even if they don't win, they'll make up the lawyer fees from people buying Sig stuff because they like this kind of thing.  Brilliant marketing/publicity move on their part.  

 I will likely be one of them.

I hope this kicks off an arms race among gun manufacturers of who can fuck with the ATF the most.


That is the most wonderful idea I've read all day.
Link Posted: 4/9/2014 4:29:32 PM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."




Quoted:
Quoted:
Quoted:
What happened at Sig? It's as if one day they had a meeting and said, "You know what? Fuck the ATF."


I don't know, but I like it.

Even if they don't win, they'll make up the lawyer fees from people buying Sig stuff because they like this kind of thing.  Brilliant marketing/publicity move on their part.  

 I will likely be one of them.

I hope this kicks off an arms race among gun manufacturers of who can fuck with the ATF the most.


That is the most wonderful idea I've read all day.

Link Posted: 4/9/2014 4:29:38 PM EDT
[#50]
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