Explore The NRA Universe Of Websites

APPEARS IN News

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.

TRENDING NOW
Connecticut:  Gun Control Legislation Nearing House Vote

Thursday, May 25, 2023

Connecticut: Gun Control Legislation Nearing House Vote

Gun banners in Hartford have been busy all session cooking up a concoction of more gun control.  In a state where there is already a large buffet of gun laws, it’s time for Connecticut gun ...

U.S. House Judiciary Committee Advances Pistol Brace Resolution

News  

Monday, April 24, 2023

U.S. House Judiciary Committee Advances Pistol Brace Resolution

On April 19, the U.S. House of Representatives Judiciary Committee voted 23-15 to advance H.J.Res.44, which would reign in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ attempt to regulate pistol stabilizing braces. The resolution employs ...

Louisiana House Passes Constitutional Carry

Tuesday, May 23, 2023

Louisiana House Passes Constitutional Carry

Last week, the House Administration of Criminal Justice Committee held their “Gun Day,” where multiple pro-gun bills passed out of committee and the lone anti-gun measure was involuntarily deferred. Your active participation was crucial to protecting and ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

News  

Monday, May 22, 2023

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

Proponents of so-called “red flag” laws like to claim they are a “public safety” measure. But a union representing state police investigators in New York is sounding the alarm that a mandate handed down by ...

New San Francisco Law Would Prohibit Intimidating Crooks by Drawing Weapons

News  

Monday, May 22, 2023

New San Francisco Law Would Prohibit Intimidating Crooks by Drawing Weapons

Comedian Dave Chappelle visited San Francisco last week to perform. “What the f—k happened to this place?” he asked, declaring that the whole city has morphed into its infamous Tenderloin district. “Y’all … need a Batman!” 

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Tuesday, May 23, 2023

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Senate Bill 109/House Bill 3594, NRA-backed constitutional carry bills, could be up for a Senate floor vote as early as this week. Your active participation has been pivotal in safeguarding and upholding our fundamental right to ...

No. Obama and Other Gun Controllers Don’t Want to Treat Guns Like Cars

News  

Monday, May 22, 2023

No. Obama and Other Gun Controllers Don’t Want to Treat Guns Like Cars

Always one for lame platitudes, last week Barack Obama suggested that gun control has become too politicized and that firearms should be regulated like motor vehicles. Speaking with CBS Mornings, the former president offered something of a ...

US Senator Tries to Undermine Branch of Government Intended as a Check on HIS Branch of Government

News  

Monday, May 22, 2023

US Senator Tries to Undermine Branch of Government Intended as a Check on HIS Branch of Government

As anyone who has an elementary school level education understands, our Founders established our federal government to have three branches—the Executive, Legislative, and Judiciary—each designed with their own duties, and also designed to act as ...

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

Tuesday, May 9, 2023

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

The Senate Judiciary Committee voted 12-11 to pass S.109, the NRA-backed Constitutional Carry bill, and it has now been sent to the Senate floor for further consideration. This is a huge step toward South Carolina becoming the next state ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.