OTOH the ATF, in typical fashion, inspected the device before and stated it was not a class III device and its use didn’t turn a firearm into a class III, so Akins went forward with production (at an out-of-pocket expense of 100’s of k$). Then, the ATF turns around and says, yes, it is class III, you don’t have a permit, and all the people you sold it to could now be charged with felonies if they don’t surrender the devices, no compensation. Here’s a case where a “ruling” from the ATF carries the weight of law, even when the ATF contradicts itself. The power to do that is extremely destructive, and any agency with that power needs tight control (e.g. by one or more of the branches of government). Gun owners have gotten no help from the Bush administration, however.
All too true - on ANY gun related issues.
My copy of the Constitution doesn’t have a clause in ANY of the Articles that would allow the FedGov to even HAVE an agency like the BATFE.