Lawyers for Matthew Hoover are arguing that the state charged him with the wrong crime in the Auto Key Card case. They also argued that if the conviction stands, any AR-15 could be considered a machinegun.
Matthew Hoover and Kristopher Justin Ervin were convicted and sentenced last year for selling a metal card with a picture inspired by a lightning link etched on it. Mr. Ervin ran the business producing the cards, and Mr. Hoover advertised the novelty gift on his popular YouTube Channel, CRS Firearms.
A lightning link is a device that inserts into a lower receiver of an AR-15, causing it to fire automatically with a single function of the trigger. According to the National Firearms Act of 1934 (NFA), any machinegun conversion device (MCD) itself is a machinegun. The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) claims that the lightning link on the metal card is a template and itself is an MCD. Something that Hoover and Ervin reject.
Firearms Enforcement Officer (FEO) Cody Toy was the one for the ATF that examined the item. He admitted that he could not get the card to function as a lightning link when he cut out the design on the lines. What FEO Toy testified to is that to get the gun that he used to fire more than one shot with a single function of the trigger, he had to cause the firearm to malfunction to get hammer follow.
Mr. Hoover’s attorney, Matthew Larosiere, claims this is not automatic fire. In the new briefing, he argues that hammer follow is a malfunction that can happen for numerous reasons. His filing explains that hammer follow can occur if the disconnector of an AR15 is removed or is simply worn down. In the past, the ATF tested a firearm with a sliver of metal stuck in the fire control group (FCG) that caused a hammer follow malfunction.
Click the link to read the whole article: by ATF Standards Any AR Could Be a Machinegun
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