I don't actually recall seeing behavior this in the tourney when the flak ht was used in the later rounds so i don't think it is necessary in order to make the unit viable, therefore i think it should be removed feature or bug
following that kind of logic one could also argue that it doesnt seem to be a problem... if noone used it that way, it cant be too effective, can it? otherwise everyone (especially with money being involved) would use it
funny thing is that its only a problem now, after someone started a thread about it being able to shoot without setting up at all (which is wrong).
and i dont think its better than a luchs. more fire power sure, but it wont wipe squads while driving away in reverse, it wont circle strafe at guns and its less durable (smoke increases is survivability but doesnt actually improve its durability)
anyways if its that big of a problem for many ppl it should be changed (again: it never was that effective when i played against it, despite it being used in this manner)