U.S.A. –-(AmmoLand.com)- FPC Law is investigating a purported internal ATF email alleging that businesses which manufacture, distribute, or sell ‘forced-reset triggers’—specifically referring to “Rare Breed and Wide-Open Triggers (FRT Trigger).”— will be subject to forfeitures if they do not surrender “documents and FRT’s” [sic].
While the publicly available copy of the email contains several typographical errors and FPC’s understanding is that it has not yet been verified or confirmed by the agency, out of an abundance of caution, FPC suggests that all individuals, entities, and businesses who are now or have been in possession of ‘forced-reset triggers’ consider the below measures through which you may be able to protect and preserve your rights should ATF contact you, visit you, and/or demand that you surrender any item in your possession.
FPC has and will continue to fight to defend and advance the People’s individual rights, liberty, and private property. Visit FPCLaw.org for more information about our litigation, including challenges to unconstitutional acts, policies, and regulations by federal agencies, state and local gun bans, and other matters.
1. NEVER TALK WITH ANY LAW ENFORCEMENT OFFICER UNLESS ADVISED TO DO SO BY YOUR LAWYER!
- DO: Politely tell them that you want to speak with or through a lawyer, then stop talking and engage a lawyer.
- If you are detained or arrested, then seek legal advice immediately. You may wish to inform close family and friends how to contact your lawyer to notify them that you have been detained or arrested.
- DO NOT: Speak with anyone (including family members) until your lawyer speaks with and advises you.
- DO NOT: Open doors unless the officers have a warrant. (If they have a warrant then they will use force to gain entry.)
- DO NOT: Leave your home/property or go outside. (They will likely detain you and prevent you from re-entry until they are done and leave.)
- DO NOT: Consent to any search.
2. IF YOU CHOOSE OR ARE FORCED TO PROVIDE PROPERTY TO THE ATF:
- IF YOU CAN: Have legal counsel represent you and engage with federal agents and the ATF on your behalf.
- DO NOT volunteer any information or speak with any agent other than to advise them that your property is being provided to them under protest.
- DO: Attempt to photograph items being surrendered under protest to document the condition of the items at the time of surrender.
- DO: Ensure that you receive a completed property receipt on ATF Form 3400.23 (Receipt of Property and Other Items).
- DO: After signing, request a copy and/or photograph the signed copy for your records. ONLY sign ATF Form 3400.23.
- DO NOT: Sign ATF Form 3400.1 (Consent to Forfeiture or Destruction of Property and Waiver of Notice)!
- Should you sign Form 3400.1, you voluntarily surrender and relinquish all rights, title, and interest in, and all claims to the property listed on the form!
- DO: Separately document your experience of the encounter in writing.
- Note the location, date, and time of your interaction with the ATF agent(s), the names or other identifying information (ID/badge number, contact number, business card, etc.) of all ATF agents or persons you spoke with, the details of all discussions, and any other information they told or provided you.
If you would like FPC Law to consider your issue for potential legal action, call the FPC 2A Hotline at (855) 252-4510 or visit 2Ahotline.com to report the details of the law enforcement encounter, detention, arrest, and/or seizure.
THE ABOVE IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. SEEK SPECIFIC LEGAL ADVICE FROM YOUR LAWYER.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org), is the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.