U.S.A. -(AmmoLand.com)- On March 22nd, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) released an open letter on “forced reset triggers” (“FRTs”) indicating that the agency’s position is that these triggers meet the definition of “machinegun” under federal law, and are, therefore “firearms” under both the Gun Control Act (“GCA”) and National Firearms Act (“NFA”). Under ATF’s new interpretation, these triggers are effectively prohibited due to the GCA’s prohibition on the new manufacture of machine guns for the commercial market.
While the open letter claims to apply to “some” FRTs, it is unclear what current design would not fall under ATF’s new interpretation.
Forced reset triggers operate by using the mechanical action of a semi-automatic firearm to forcibly reset the trigger, so it can be more quickly pulled by the user. This can result in a higher than the normally attainable rate of fire similar to bump firing.
ATF sent Rare Breed, a manufacturer of FRTs, a cease-and-desist letter in July 2021, claiming that the trigger met the GCA’s definition of “machinegun.”
Rare Breed filed suit in Florida. Rare Breed sought a TRO and a preliminary injunction to stop the agency from enforcing its application of the statute, but both were denied. The case was then dismissed without prejudice (meaning it could be refiled).
Because the case deals with ATF’s interpretation of the term “machine gun,” the result will likely rest on whether or not the Supreme Court reevaluates the deferential standard that federal courts apply when agencies interpret statutes they are charged with enforcing.
This deferential standard, often referred to as Chevron Deference because of a case of the same name, is wholly incompatible when applied to criminal statutes because it allows the government to turn once lawful conduct into a felony overnight.
The Supreme Court currently has several cases before it that would allow it to review Chevron. NRA filed an amicus brief in one of these cases that involved ATF’s reinterpretation of the definition of a machine gun as applied to bump fire stocks. That brief argues that for 200 years, the Supreme Court has consistently held that “the power to create crimes lies exclusively with Congress.” Thus, when criminal liability is on the line, “ATF’s position is ‘not relevant at all.”’
Until the Supreme Court reevaluates this deferential standard, gun owners, and all law-abiding Americans, will be stuck attempting to follow the whims of unelected federal bureaucrats.
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
Congress admitted they have no authority to ban machine guns from public ownership. The Hughes amendment is blatantly unconstitutional, repugnant to the Constitution and thus invalid. When Congressman Harold Knutson asked “why should we permit the manufacture, that is, permit the sale of the machine guns to any one outside of the several branches of the Government,” Congressman Sumners suggested “that this is a revenue measure and you have to make it possible at least in theory for these things to move in order to get internal revenue?” Id. at 13-14. Cummings agreed: “That is the answer exactly.” Id. at… Read more »
Our so called government is organized crime at its finest and the ATF should be the ones on trial
The largest crime syndicate in America is the Untied States government . The BATF is thier hit squad. They are the equivalent of Hitlers SS or brownshirts . Time we the American people stand up to these alphabet soup clowns and send them packing or eliminate them from our society all together as they are traitors . They do not uphold a oath to the constitution so they are not legal . Just government sponsored unconstitutional bullies is all they are . FJB
F atf and their extended families!
publish their home addresses
“….it is unclear what current design would not fall under ATF’s new interpretation.” Never fear, ole Cordite Breath, should any design not fall under the ATF’s new interpretation, the ATF will promptly remedy that with a newer interpretation to fit newer agenda. ATF…here to serve and protect We The Little Peeps…..oos, my bad….politicians and Useful Idiots.
Long passed time for Patriots to re-interpret the ATF….OK, you win,….and politicians….. as tyrants.
Memebers of Congress have invested heavily in the “majajuana marketing” deals. There’s an article on it somehwere.
“the power to create crimes lies exclusively with Congress.” WOW! And here I thought that crimes were an act that had a victim involved. But CONgress (heavy on the CON) can CREATE CRIMES. In another words they can say that wearing a hat that they don’t like is a crime. They can create whatever crime they want…Maybe we need to get rid of CONgress who seems to ignore the SUPREMECY clause of the Constitution continually. You know there part that says that ALL LAWS MUST BE MADE IN PURSUANCE OF THE CONSTITUTION! Which means folks, that SHALL NOT BE INFRINGED… Read more »
forced reset trigger and a rubber band is a machine gun they add parts as needed, next they will start going after all the ar platform. simple z shaped piece added makes them machineguns
ATF needs to stop dicking around with tje courts snd their liberal activist judges, and start applying pressure on our legoslators; especially Democrat legislators from gun-friendly states.
If you FKH your penis may fall off.