FPC statement on ATF classifying some ‘forced-reset triggers’ as ‘machineguns’

Gun Counter Sale Store Shop shutterstock_Nomad_Soul 1686855574.jpg
Gun Counter Sale Store Shop shutterstock_Nomad_Soul 1686855574.jpg

U.S.A.-(AmmoLand.com)- Firearms Policy Coalition today issued the following statement regarding the ATF’s “Open Letter to All Federal Firearms Licensees” regarding its classification of some “forced-reset triggers” (FRTs) as “firearms” and “machineguns” as defined in the National Firearms Act (NFA) and Gun Control Act (GCA):

This latest effort by the ATF to punish and stoke fear among peaceable people who purchase protected-arms components specifically designed to comply with federal law is further proof of the agency’s abusive overreach of statutory and constitutional bounds and a manic desire to expand its dominion. Furthermore, by being purposefully vague in saying it “intends to take appropriate remedial action,” the ATF adds to the unscrupulous nature of this action leaving sellers and owners unsure if they’ll be subject to abuse.

Unless the ATF doesn’t understand the difference between resetting and pulling a trigger, the statement is further evidence of the agency’s underhandedness. After citing the “single function of the trigger” statutory definition of a “machinegun,” the ATF claims “some FRT devices allow a firearm to automatically expel more than one shot with a single, continuous pull of the trigger.” By virtue of its very namesake, “forced-reset trigger” systems require an additional pull before firing another shot.

The letter ends with a directive to contact a local ATF Field Office if “uncertain whether the device you possess is a machinegun.” Out of an abundance of caution, FPC suggests that 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.

THE FOLLOWING IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. SEEK SPECIFIC LEGAL ADVICE FROM YOUR LAWYER.

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.


About FPC

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.

Firearms Policy Coalition

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MP71

The AFT has actually walked into a trap laid by Lawrence DeMonico, the president of Rare Breed triggers. Before bringing this trigger to market , he spent considerable time and money assembling a team of technical and legal experts. His intent was to end up in court and challenge the AFT’s capricious rewriting and interpreting of the law. His stated reason for so vigorously going after other manufacturers of forced reset triggers that are similar to his design is the fear that a company not as prepared for the fight as his will blow it, thus setting precedent in favor… Read more »

Wild Bill

Mr. DeMonico sounds like a real patriot. I hope everything goes his (our) way. Thanks for sharing this good news!

MP71

Mr. Demonico just posted a long video detailing all the BS the the AFT and the court are pulling against him but he remains determined to fight. In my previous post I didn’t make it clear that he was/is actively suing the AFT and the Department of Injustice as opposed to waiting for them to file criminal charges against him. I have no doubt that Mr. Demonico is a true patriot.
The YouTube Channel that reposted his video has done a great job of covering the Rare Breed FRT situation.
https://www.youtube.com/watch?v=KzwKsuvkhx4&list=TLPQMjcwMzIwMjKxp3Y7rr6GMw&index=2

Idaho Bob

Remember, “The government is here to help you”. To help you straight into jail or bankruptcy, or both.

Tank

The beatings will continue until the morale improves.

The Vatican/Jesuit/Freemason/Zionist UN agenda & goal is a abolition of all privately owned guns.

Under the color & authority of the Law & it’s long train of abuses.

This and no other is the root from which a tyrant springs; when he first appears he is a protector.

Plato

Last edited 1 month ago by Tank
musicman44mag

Great article and thank you. I don’t have an FRT but this would work for no knock too. I copied and pasted the info into a word doc and put that on my desktop labeled ATF wants your gun as well as told my family where to find the information should something like this happen.

Roland T. Gunner

Seriously, this has to stop. Why are legislators so reluctant to interven in ATF’s mission creep?

musicman44mag

Because it is what most of them secretly want too. The gun issue is for getting votes only. Proof in the pudding is a republican pres. house and senate and no constitutional carry across the land.

Tank

Because they are puppets for the Shadow GubMINT that runs the circus.

Idaho Bob

Frankly, most “legislators” are bought and paid for by the left. There are few real patriotic 1776 style lawmakers. How many of these weasels would be willing to sacrifice everything, life and property, as our Nations Forefathers did? Answer this and you will answer your own question.

Arny

These companies should lower their prices to a bare minimum. Flood the market. See if the ATF would like to enter a neighborhood full of these triggers. And a people tired of their nonsense. Isn’t that what they are itching for ? Another Waco. They need their heroes too.

Montana454Casull

The ATF has never been right , infact they are unconstitutional. Time to eliminate the whole damn bunch of these criminals from our government . Shove a binary trigger in one ear and a bump stock in the other and a parting boot up thier asses . Good riddens to the Jack booted thugs !

Cam

Forced reset trigger, the jump of the trigger forward that overcomes your pressure is the reset. You have to pull again to fire. Fast but not a machine gun

StLPro2A

Silly Cam. You confuse factual content with government agendas. Never shall the twain meet.

john

Some might find this interesting https://www.rarebreedtriggers.com/ 4. Does the FRT-15 ™ require a three-position or select fire safety selector? The FRT-15 ™ is a two-position trigger. It has two positions, ‘safe’ or ‘semi-auto’. Due to its patented design, the trigger is forced into a reset after each round that is fired. FRT stands for “Forced Reset Trigger.” The “15” part means that it’s designed for the AR-15 platform chambered in 5.56 NATO or . 300 Blackout. It won’t work in AKs, SCARs, or anything else. Its function is dependent on the design of the MILSPEC AR bolt carrier. Rare Breed… Read more »

Last edited 1 month ago by john
musicman44mag

Absolutely. That is why they are changing the rules and breaking the ones they had previously set. If they would change and grandfather, that would be the normal procedure but this we changed the rules and you are going to give us your legal now determined illegal stuff with no compensation no if ands or butts is BS.

They are changing laws to make honest people into felons. It’s the bumpstock before now the FRT, what’s next.

Tank

When Freedom is illegal, Criminals make the laws & Outlaws make Freedom Criminal….

musicman44mag

A perfect description of the USA today as it stands.

john

There are changes coming our country has been divided by racism which raised its ugly head under Obama and his hatred for America. It is going to be a bumpy ride for the next few years. The midterms will be the beginning of the end with election fraud and voter fraud. The system is now rigged New Jersey last election for governor proves the point. It is up to the american people to take a stand against the destruction of our country from the Biden administration. Any American president telling people there is going to be food shortages while the… Read more »

Tank

A corrupt tyrant doesn’t like anyone who figured out the workaround to they’re system of control & coercion.

They move the Overton widow foam posts b/c people are afraid & comfortable to resist in any meaningful force. It’s easier to go along to get along & everything they do is based on our consent or manufactured consent.

Just like VaXXines. Rigged voting etc.

Rules for thee but not for me.

StLPro2A

Would like to read the actual FRT patent. Has anyone taken time to do this?Any input to patent content, wording?? This will be in court as Rare Breed is suing other companies for patent infringement.