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ATF Reinterprets the Term “Machinegun,” Again

Monday, April 4, 2022

ATF Reinterprets the Term “Machinegun,” Again

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 new manufacture of machineguns 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 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 "machinegun," 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 machinegun 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.

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NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

News  

Monday, April 15, 2024

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...

Invisible Crime and Other “Simple Realities”

News  

Monday, April 15, 2024

Invisible Crime and Other “Simple Realities”

Viewers were reminded of the disturbing disconnect between the Biden Administration and everyday Americans on seeing Pete Buttigieg, the Secretary of Transportation, interviewed on television not too long ago.

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Sunday, April 14, 2024

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Late Friday night, the Maine Senate passed a number of extreme anti-gun bills. These bills included 72-hour waiting periods on firearm purchases and transfers, redefining semi-automatic firearms as "machine guns," and implementing universal background check ...

Maine: Only One Vote Needed to Kill Waiting Periods

Wednesday, April 17, 2024

Maine: Only One Vote Needed to Kill Waiting Periods

If you want to save your Second Amendment rights in Maine, you need you to act NOW. After lengthy debates, the House and Senate passed 72-hour waiting periods by only ONE VOTE in each chamber.

Colorado: Semi-Auto Ban Up For Final Vote in House

Saturday, April 13, 2024

Colorado: Semi-Auto Ban Up For Final Vote in House

HB24-1292 the semi-auto ban passed its second reading yesterday and is scheduled for final vote tomorrow in the House before moving on to the Senate.

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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.