U.

U.S. Department
Department of Justice
Justice
Bureau of Alcohol Tobacco Firearms and
Bureau of Alcohol, Tobacco, Firearms and Explosives
Explosives

Firearms
Pie Technology Criminal Branch
of Tee-1
Re ort of Technical Examination
W

Examination
244 Needy
244 Needy Road 1600
Road #1600

Martinsburg NVV
Martinsburg, 25405
WV 25405

Phone 304-6164300
Phone: 304-616-4300
1a.Y1-1 R1
Fax: 304-616-4301

To
To: D ate
Date: -t
AUG
ww

2 12017
1
F
Special Agent Michael
Special Agent Michael Walton
Walton
Bureau of Alcohol, Tobacco
Bureau of Alcohol Tobacco, Firearms and Explosives
Firearms and Explosives U l
UI#: 785115-17-0121 l
785115-17-012
201 E. Washington
201 Washington St.
St.
Suite 940
Suite 940 MARQUEZ Ricardo
RE:
MARQUEZ, Ricardo et t

Phoenix AZ 85004
Phoenix, AZ 85004 al. al.

FTC
FTCB#: 2017-562-DAS
2017-562-DAS
3O741
307418
Date Exhibits Received
Date Exhibits Received: 08/16/2017
08/16/2017 of Examination
Type of Examination Requested:
Type Requested.

Delivered y
Delivered By: FedEx 7700 0154 3292
FedEx 7700 0154 3292 Examination Test Classification
Examination, Test, Classification

Exri
Exhibits:

A
8. ROMARM/CUGIR,1 model Micro Draco
model Micro Draco, in 7.62x39
in 7.62x39mm serial number
caliber, serial
caliber PMD-00584-14 RO
number PMD-00584-14
short barreled
(suspected short barreled rifle).
suspected rifle.

13. Mossberg,
13. model 500AT
model 500AT, 12 12 gauge serial number G 1117634 suspected
gauge, serial made from
from a
ss er number GI 17634 (suspected weaponweapon made shotgun).
a shotgun.

35. Aero Precision LLC

35. Aero Precision model
LLC, model X 15, 15 5.56x45mm
5.5 x caliber, serial number A
caliber serial number .52 2 (suspected
AR52162 suspected weapon made
weapon made
from
from aa rifle.
rifle).

Pertinent Authority
Authority:

The
The Gun
Gun Control Act
Control Act of
of 1968 A
1968 (GCA), as amended defines firearm
amended, defines ..firearm" to include
to include: Aany weapon
" ... (A)any
ý....
weapon including
(including
a starter rn which
a starter gun) which will or
will is designed be converted
designed to or may readily be converted to expel
is to or to a
expel a projectile the action
projectile by the action ofan an

explosive the frame or

explosive; (BJ theframe receiver of
or receiver ofany such
such weapon C
weapon; (C) anyfirearm
any firearm mufJler
muffler or firearm
firearm silencer See
.... " (See
silencer....

18 U.S.C.
1
21a3.
U.S.C. § 92l(a)(3).)

The GCA
The defines shotgun
GCA defines "shotgun," to include
to include: "...
... a weapon
weapon designed
designed or redesigned made or remade,
redesigned, made and intended
remade and intended

to bee fired
to firedfi-o the shoulder and designed or
from the shoulder and designed or redesigned and made
redesigned and made or or remade toto use the
the energy
energy ofan explosive
explosive

to
to fire through a
fire through a smooth bore either
smooth bore either a number
number of of ball shot or
ball shot or a single
single projectilefor each single pull of
projectile for each the
o.fthe
trigger"
trigger (See S.C. 21a.
See 18 U.S.C. § 92l(a)(5).)
18

The GCA
The GCA defines
defines the term ..rifle
the term as "
rifle" as: ..... a
a weapon
weapon designed
designed or redesigned, made
or redesigned remade and
made or remade, intended lO
and intended to

be fired
fired f7om shoulder and
the shoulder
from the designed or
and designed or redesigned and made
redesigned and made or remade
remade toto use the energy
energy of
of an
an explosive
explosive to
to

fire
fire only aa single projectile through
projectile through a
a rifled bore for each
rifled borefor each single
single pull
pull of the
of the trigger. See
trigger. "( See 18 U .S.C. §
18 U.S.C.

92
92l(a)(7).)

A
ATF r-
Fonn 3311.2
3211.2

SI
Revised September
Revised 20 14
 Special Agent Michael Walton
Special Agent Michael Walton 7858115-17-0121
7858115-17-0121
2017-562-DAS
2017-562-DAS
ae22
Page

The
The GCA
GCA defines
defines the term s
the tenn - as "
..short-barreled rifle" as:
r ... rifle having
... a rifle one or
having one a rels less
or more barrels than sixteen
less than sixteen

inches in length and

inches in length and any weapon
any weapon made
made fr
from a
a
rifle whether
rifle (whether by
a by alteration
alteration, modification otherwise) if
modification, or other-vise such
if such

weapon
weapon, modified, has
as modified
as an overall
has an overall length
fen cr of less than
ofless e
than nventy-six
-six inches."
inches. (See 18
18 U.S.C. 21a8
U. S.C. § 92l(a)(8))

Further the National

Further, the National Firearms Act NFA
Fireanns Act (NFA) defines firearm to
defines "firearm," include
to include: "...
... (2) aa weapon
weapon made em
ma from a
shotgun if such weapon
shotgun if such weapon as modified
as has an overall
modified has an overall lengthlength of than 26 inches a
of less than 26 inches or a barrel or
less or barrel or barrels
barrels of less
less
than 18
than inches
18 inches in in length 3 aa rifle
length ... (3)
.. having aa barrel
rifle having barrel or
or barrels ofless
barrels of than 16
less than 16 inches
inches in length- 4
in length; (4) aa weapon
weapon
made
made fromonr a rifle ififsuch
a rifle weapon as
such weapon modified has
as modified an overall
has an overall length than 26
less than
length of less inches or
26 inches or aa barrel or barrels
barrel or ban·els
of less than
of less than 1616 inches
inches in length .... " See
in length ... (See 26 5845a.
26 U.S.C. § 5845(a).)

Findings:

E xi.i
Exhibit manufactured by ROMARM/
was manufactured
8 was ROMARM/ CUGIR CUGIR of of Romania
Romania inin 7.62x39mm
7 .62x39mm caliber as aa model
caliber, as model Micro
Micro
Draco pistol with
Draco pistol with serial number PMD-00584-14
serial number 5 4-1 RO - and imported
RO, and imported by Century Arms
by Century Arms International located in
International located in

Georgia,
Georgia Vermont.
Vermont. As
As received has an
received, it has an approximate
approximate overall length
it overall of
length of23-3/4 inches and an
23-3/ inches and an approximate
approximate
barrel length of 6 inches. check of
of Exhibit
barrel length of 6 inches. I performedI
field function
performed aa field function check Exhibit 8 and
and found
found it functioned
functioned as
it as a

semiautomatic
semiautomatic firearm.
firearm.

I measured
I
measured the overall length of
overall length Exhibit 8 in
of Exhibit in the following manner
the following manner: I placed Exhibit on
the Exhibit
placed the I
on aa flat surface;
surface flat

measured the distance between the extreme ends of the Exhibit along
measured the distance between the extreme ends of the Exhibit along a line
line parallel
parallel to tcenter
to the center line the
line of the

bore and noted the measurement.

bore; and noted the measurement.
d

I measured
I
measured the barrel of
the barrel of Exhibit in the
Exhibit 88 in the following manner I placed
following manner: placed the
I
Exhibit on
the Exhibit flat surface
on aa flat surface and then
then

closed the inserted

closed the bolt; inserted a cylindrical
bolt scale into the muzzle of
cylindrical scale into the muzzle of the barrel until it touched the bolt face;
the barrel until touched itthe bolt face noted the
noted the

measurement; and
measurement and, removed
removed the scale from
cylindrical scale
the cylindrical from the barrel.
barrel.

During my examination
During examination, I observedIthe following
observed the on Exhibit
markings on
following markings 8
Exhibit 8:

Arm
Arm brace
brace right side
(right side): WI
IWI
T

Receiver (right side

Receiver right side): s
S

F
F
I V
CAI,GEORGIA,VT.
ROMARM/CUGIR
ROMARM/CUGIR
ROMANIA
ROMANIA

Dust cover
Dust cover rail mount
mount right
rail side
(right side): NcSTAR
NcSTAR

Trigger (right side

Trigger right side): ALG
ALG

Arm brace top

Arm brace (top): ACE
ACE

Muzzle break top

Muzzle break (top): SLR
SLR

Trunion (left side

iTrunion left side): PMD-00584-14
PMD-00584-14 number
[serial number]
RO serial

ATF Fonn
ATF Form 3311.2
3311.2

Revised September
Revised 2014
September 2014
 Special Agent Michael
Special Agent Michael Walton
Walton 7858115-17-0121
7858115-17-0121
201
2017-562-DAS
2-Pa
7-

e 3
Page3

Findi
Findingss (Cont.):

Receiver left side

Receiver (left side): fC
MICRO DRACO
DRACO
7.
7.62X39MM
3

Trigger (left side

Trigger left side): ALG

Arm
Arm brace
brace (left side
left side): WI
IWI
I

Forend bottom
Forend (bottom): 3.7
3.

M- HS
M-HS
MIC
MIC
SLR
SLR

Pistol grip bottom

Pistol (bottom): ATI I

Ann
Arm brace rear
brace (rear): SB
Tactical
Tactical
MADE IN
MADE IN U.S.A.
U.S.A.
PATENTS
PATENTS AT WWW.SB-TACTICAL.COM
AT WWW.SB-TACTICAL.COM

I
test-fired Exhibit
I test-fire Exhibit 8 on July 14
8 on 14, 2017
2017, at the ATF test
the ATF Martinsburg West
range, Martinsburg,
test range West Virginia
Virginia, using
using commercially

test-fire
Wolf
b

available,
available Wolf brand 7. 2x3 caliber ammunition and
brand, 7.62x39mm caliber ammunition and aa magazine from the
magazine from the National
National Firearrns
Firearms Collection
Collection
(NFC).

I placed
I
placed the selector in the
the selector the semiautomatic
semiautomatic position
in inserted a one-round
position, inserted one-round ammunition
ammunition load
load and pulled the trigger.
pulled the trigger.

Exhibit 8 successfully expelled a single

Exhibit 8 successfully expelled a projectile the action of
single projectile by the action of an explosive. repeated this method of
explosive. I repeated method
this oftest-
fire one additional time
one additional obtaining the
time, obtaining the same result.
result.

After inserted aa two-round

After I inserted
I load with
two-round ammunition load, with the
the selector in the
selector still in
still position I pulled
semiautomatic position,
the semiautomatic I the
pulled the

trigger.
trigger. Exhibit
Exhibit 8
8 fired
fired one
one round
round with
with each
each single
single function
function of
of the
the trigger.
trigger. I repeated
repeated
I this
this method
method of test-fire
test-fire

once obtaining the

once obtaining the same result.
result.

Finally, after I inserted

Finally after inserted aa five-round
I ammunition load,
five-round ammunition load with
with the selector still in
the selector in the
still
the semiautomatic position I
semiautomatic position, I

pulled the
pulled the trigger. Exhibit 88 fired
trigger. Exhibit one round
fired one round with each single
with each function of
single function of the
the trigger.
trigger.

Exhibit 13 is a model
Exhibit 500AT 12
model 500AT,
is 12 gauge, pump-action firearm
gauge pump-action originally manufactured
firearm originally by Moss
manufactured by Mossberg,
berg North
Haven Connecticut as a shotgun
Have Connecticut as a shotgun with a barrel over 18 inches in length.
with a barrel over 18 inches in Exhibit 13 has an
length. Exhibit 13 has an approximate
approximate overall
overall

length of
length of 28 inches and
28 inches and an
an approximate barrel length
approximate barrel of 16
length of inches and
16 inches and a birds
birds head-type
head-type grip.
grip.

During examination, I observed

During my examination observed the
the following
I
following markings
markings on 13
Exhibit 13:
on Exhibit

Forend right side

Forend (right side): MAGPUL
MAGPUL

Forend left side

Forend (left side): MOE
MOE 590
590

ATF
ATF Form
Form 3311.2
3311.2

Revised September 2014

Revised September 2014
 Special Agent Michael
Special Agent Michael Walton
Walton 7858115-17-0121
7858115-17-0121
.20 7-5 2- A
2017-562-DAS
Page4
Page 4

Findings {Cont.):

Receiver (left side

Receiver left side): 0117 63
G 117634 [serial number
serial number]

Barrel (left side

Barrel left side):
SHELLS-12
-CHAMBERED FOR 22 3/4
-CHAMBERED
GA- 30 INCH FULL
AND 3
3/4 AND
CHOKE
3 IN SHELLS-

MADE IN
12 GA~ 30 INCH FULL CHOKE -- MADE IN U.S.A.
U.S.A.

Forend bottom
Forend (bottom): MADE IN USA
MADE IN USA

Receiver bottom
Receiver (bottom): Mossberg
Mossberg
NORTH HAVEN CONN.
NORTH HAVEN, CONN.
500AT
500AT 12 GA
12

My
My examination
examination also
also disclosed
disclosed that the Exhibit's
that the its barrel
Exhibits end has been
barrel muzzle end been cut
cut; additionally,
additionally the
the shoulder
shoulder

stock has been

stock has been removed and replaced
removed and replaced with
with an aaftermarket
e birds head-type
r et birds head-type pistol As modified,
pistol grip. As Exhibit 13
modified Exhibit 13

is no
is no longer
longer designed to be
designed to fired from
be fired from the
the shoulder.
shoulder.

I
test-fired Exhibit
I test-fired 13 on
Exhibit 13 on January 27 2017
January 27, the ATF
2017, at the ATF test
test range
range, Martinsburg,
Martinsburg WestWest Virginia
Virginia, using
using
commercially available
commercially available, Remington
Remington brand 12 gauge
brand, 12 gauge ammunition. Exhibit
Exhibit 13
13 functioned
functioned as designed,
designed
successfully expelling
successfully projectile by the
expelling a projectile action of
the action of an explosive.
explosive. I
I repeated this method
repeated this of test-fire
method of test-fire one
one
additional time
additional the same
obtaining the
time, obtaining same result.
result.

Exhibit 35
35 is a 5.5
5.56x45mm
is 5 caliber, AR-15
caliber type pistol
-15 type manufactured using
pistol manufactured receiver manufactured
using aa receiver manufactured in in a

semiautomatic configuration
t Aero Precision
configuration by Aero Precision Inc.,
tic c. Tacoma Wash on received, it has an approximate
Tacoma, Washington. As received
h.in it has an approximate
overall
over length of
length
_.11
of 24-5/8
24-5/8 inches and an approximate
inches and approximate barrel length of 7-
barrel length 6 in
7-3/16 inches. I performed
es. performed a
I
a field function
field function
d

check of
check 35 and found
of Exhibit 3 5 and found it functioned as a semiautomatic firearm.
Exhibit functioned
it as a semiautomatic area

During my examination
During observed the
examination, I observed the following
I
following markings
markings on Exhibit 35
on Exhibit 35:

Ann
Arm brace right side
brace (right side): SB

Receiver (right side

Receiver right side): A
A

Pistol (right side

Pistol grip right side): MOE
MOE+
MADE IN
MADE IN USA
USA

Hand
Hand (right side
guard right side): Q.D.
Q.D.

Pistol Grip bottom

Pistol (bottom): MOE
MOE

Hand
Hand guard
guard side
(left side):
left Q.D.
Q.D.

Upper assembly (left side):

Upper assembly left side PALMETTO
PALMETTO

ATF FForm 3311.2

3311.2

Revised September
Revised 2014
September 2014
 Special Agent Michael
Special Agent Michael Walton
Walton 7858115-17-0121
7858115-17-0121
2017-562-DAS
2017-562-DAS
Pa
Page5
a

Findi
Finding (Cont.):

Receiver (left side

Receiver left side): MODEL X 15
MODELX15
CAL
CAL MULTI
MULTI
S/N AR52162
SIN AR52162
AERO
AERO PRECISION
PRECISION LLC
TACOMA, WA
TACOMA WA

Arm -irace (left side

brace left
r- side): SB

Pistol (left side

grip left
istol grip side): MAGPUL
MAGPUL

Barrel top
Barrel (top): 5.56NATO 1 77
5.56NATO 1

test-fire
I test-fired Exhibit 35
test-fired Exhibit 35 on 14 2017,
on July 14, the ATF
2017 at the ATF test Martinsburg West
range, Martinsburg,
test range West Virginia, using commercially
Virginia using commercially
available, ADCOM
available ADCOM Manufacturing Ltd.
Manufacturing Ltd. brand 5.56 caliber ammunition and
brand, 5.56x45mm caliber ammunition and a magazine
5 a from the NFC.
magazine from the

I placed
I
placed the
the selector
selector in
in the
the semiautomatic
semiautomatic position inserted aa one-round
position, inserted one-round ammunition load andand pulled
pulled the
the trigger.
trigger.

Exhibit 35
Exhibit 35 successfully
successfully expelled
expelled aa single projectile by the
single projectile action of
the action of an explosive.
explosive. I repeated
I
repeated this method of test-
this method

fire one
one additional
additional time
time, obtaining the same result.
obtaining the result.

After inserted aa two-round

After I inserted
I ammunition load,
two-round ammunition load with
with the
the selector in the
selector still in
still semiautomatic position
the semiautomatic the
position, I pulled the
Exhibit 35
trigger. Exhibit 35 fired one
trigger. fired round
one round with each single
with each function of the
single function of the trigger.
trigger. I repeated method of
repeated this method of test-fire
I this test-fire

once
once obtaining
obtaining the same result.
the same result.

Finally after inserted a

Finally, after I inserted
I a five-round ammunition load
five-round ammunition load, with
with the
the selector
selector still in
still the semiautomatic
in the semiautomatic position
position, II

pulled
pulled the
the trigger.
trigger. Exhibit
Exhibit 35
35 fired
fired ne
one
o round
round with
with each
each single
single function
function of the
of the trigger.
trigger.

Conclusions
Conclusions:

Exhibit
Exhibit 8 is a weapon which
a weapon
is which will
will expel
expel aa projectile by
by the action of
the action of an explosive
explosive and incorporates
incorporates the receiver of
the receiver

a firearm
a firearm; therefore firearm
therefore, it is a "firearm" as
it is defined 18 U.S.C. 21a3
as defined in 18 U.S.C. § 92l(a)(3)(A)&(B).
in B

Exhibit 13
Exhibit is weapon which
13 is aa weapon which will
will expel a
a projectile
projectile by the action of
the action of an explosive and incorporates
explosive and the receiver
incorporates the receiver
of a firearm
ofa therefore, it is a firearm
firearm; therefore it "firearm" as
is as defined
defined in
in 18 21a3
U.S.C. § 921(a)(3)(A)&(B).
18 U.S.C.

Exhibit 13
Exhibit 13, being weapon made
being aa weapon made from shotgun which
from aa shotgun, which, as modified
modified, has aa barrel
barrel less
less than
than 18 inches
inches in length
length,
firearm defined 26 .C 5845a2.
is a "firearm" as defined in 26 U.S.C. § 5845(a)(2).
is a s in t1.

Exhibit 35 isweapon which

Exhibit 35 is aa weapon which willwill expel
expel a projectile
projectile by the of an explosive
action of
the action explosive and
and incorporates
incorporates the
the receiver
receiver

of
of aa firearm;
rea therefore it firearm as
therefore, it is aa "firearm"
is as defined
defined in
in 18 21a3A
18 U.S.C. § 921 (a)(3)(A)&(B).

A
ATF Form 3311.2
Form 3311.2

Revised
Revised September 2014
September 2014
Special Agent Michael Walton
Special Agent Michael Walton 7858115-17-0121
7858115-17-0121
2017-562-DAS
2017-562-DAS
Page 6
Page6

Examined By
Examined By:

David A. Smith
David A. Smith
Firearms Enforcement
Fireanns Enforcement Officer
Officer

Approved By
Approved By:

M Kinge of

Firearms Technology Criminal Branch

Attachment
Attachment: 44 pages
pages bearing total of
bearing aa total of88 photographs.
photographs.

Enclosed
Enclosed is aa Firearms
is
Technology Criminal
Firearms Technology Branch report
Criminal Branch report provided
provided in response to
in response to your
your request for
request for
assistance. Please be
assistance. Please be aware
aware that these documents
that these documents constitute
constitute "taxpayer return information
taxpayer return information" that that is
is

subject to
subject to the
the strict disclosure limitations
strict disclosure limitations provided 26 U.S.C. 6103.
provided in 26 U.S.C. § 6103. Exceptions
in Exceptions to the non-disclosure
to the non-disclosure

provisions that
provisions that permit
permit the disclosure internally
the disclosure within ATF
internally within ATF areare set forth in
set forth 26 U.S.C.
in 26 6103h2C
U.S.C. §§ 6103(h)(2)(C)

and o1.
and (o)(l). Any
Any further
further disclosure
disclosure of these
these reports
reports is strictly
is
strictly limited
limited and
and must
must be reviewed and
be reviewed and approved
approved
by the Office of Chief
by the Office of Chief Counsel prior prior to any information dissemination.
dissemination. Failure
Failure to adhere to
to adhere to the disclosure
the disclosure
limitations provided in
limitations provided in 26
26 U.S.C.
U.S.C. § 6103 could result
6103 could result in and/or criminal
civil and/or
in civil
criminal liability.
liability.

ATF Form
ATF Fonn 3311.2
3311.2

Revised September 2014

Revised September 20 14
307418
307418 Exhibit 8
- Exhibit
-
8 - Picture
-
1 & 2
Picture 1, Exhibit 8
2: Exhibit 8

CM G

4
307418
307418 Exhibit 13
- Exhibit
-
13 - Picture
-
3, & 4
Picture 3 Exhibit 13
4: Exhibit 13

2
307418
307418 Exhibit 13
- Exhibit
-
13 - Picture
-
5, & 6
Picture 5 6: Exhibit 13 Cut
Exhibit 13 Barrel
Cut Barrel

3
3
307418
307418 Exhibit 35
- Exhibit
-
35 - Picture
-
Picture 7, 8 Exhibit
7 & 8: Exhibit 35
35