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Thread: FYI ATF open letter on forced reset triggers

  1. #1

    FYI ATF open letter on forced reset triggers

    The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently examined devices commonly known as “forced reset triggers” (FRTs) and has determined that some of them are “firearms” and “machineguns” as defined in the National Firearms Act (NFA), and “machineguns” as defined in the Gun Control Act (GCA).

    These particular FRTs are being marketed as replacement triggers for AR-type firearms. Unlike traditional triggers and binary triggers (sometimes referred to generally as “FRTs”), the subject FRTs do not require shooters to pull and then subsequently release the trigger to fire a second shot. Instead, these FRTs utilize the firing cycle to eliminate the need for the shooter to release the trigger before a second shot is fired. By contrast, some after-market triggers have similar components but also incorporate a disconnector or similar feature to ensure that the trigger must be released before a second shot may be fired and may not be machineguns.

    Both the NFA and GCA regulate machineguns. “Machinegun” is defined under 26 U.S.C. § 5845(b) and 18 U.S.C. § 921(a)(23) as—

    Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. (Emphasis added.)

    ATF’s examination found that some FRT devices allow a firearm to automatically expel more than one shot with a single, continuous pull of the trigger. For this reason, ATF has concluded that FRTs that function in this way are a combination of parts designed and intended for use in converting a weapon into a machinegun, and hence, ATF has classified these devices as a “machinegun” as defined by the NFA and GCA.

    Accordingly, ATF’s position is that any FRT that allows a firearm to automatically expel more than one shot with a single, continuous pull of the trigger is a “machinegun”, and is accordingly subject to the GCA prohibitions regarding the possession, transfer, and transport of machineguns under 18 U.S.C. §§ 922(o) and 922(a)(4). They are also subject to registration, transfer, taxation, and possession restrictions
    under the NFA. See 26 U.S.C. §§ 5841, 5861; 27 CFR 479.101.

    Under 26 U.S.C. § 5871, any person who violates or fails to comply with the provisions of the NFA may be fined up to $10,000 per violation and is subject to imprisonment for a term of up to ten years. Further, pursuant to 26 U.S.C. § 5872, any machinegun possessed or transferred in violation of the NFA is subject to seizure and forfeiture. Under 18 U.S.C. § 924(a)(2), any person who violates § 922(o) may be sent to prison for up to 10 years and fined up to $250,000 per person or $500,000 per organization.

    Based on ATF’s determination that the FRTs that function as described above are “machineguns” under the NFA and GCA, ATF intends to take appropriate remedial action with respect to sellers and possessors of these devices. Current possessors of these devices are encouraged to contact ATF for further guidance on how they may divest possession. If you are uncertain whether the device you possess is a machinegun as defined by the GCA and NFA, please contact your local ATF Field Office. You may consult the local ATF Office’s webpage for office contact information.

    Alphonso Hughes
    Assistant Director
    Enforcement Programs and Services

    George Lauder
    Assistant Director
    Field Operations
    Skinner Precision LLC official Account
    07 Manufacturer specializing in Competition Rifles

  2. #2
    It's interesting that "single function" is twisted into "continuous pull". The original definition clearly describes the mechanical function of the trigger, the new interpretation loosely (and arguably incorrectly) describes the action of the user.

  3. #3
    Member
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    I don't have one of these, nor do I want one. But that being said, FUCK THE ATF.

  4. #4
    Site Supporter ccmdfd's Avatar
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    Excellent review as always



    ATF making sure they have job security!

  5. #5
    Site Supporter HeavyDuty's Avatar
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    You know, sometimes when you get creative and exploit a loophole or advance the technology, regulations catch up with you. Not saying what BATFE is doing here is right, but IMO it was foreseeable.
    Ken

    BBI: ...”you better not forget the safe word because shit's about to get weird”...
    revchuck38: ...”mo' ammo is mo' betta' unless you're swimming or on fire.”

  6. #6
    Member SecondsCount's Avatar
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    What's are next? Are they going to ban Jerry Miculek

    I find the concept of the FRT to be a bit gimmicky. You can get similar results with springs and shortening the reset on a milspec AR trigger, all which is legal.

    The issue that I have a real problem with is the control and how these things get interpreted. Some guy who wants to go down to the shooting range and blast a bunch of bullets downrange should be able to do so without being harassed. If the issue is some gangbanger getting a hold of one and killing a bunch of rival members, it is a problem, but shouldn't be put on the shoulders of the law abiding.
    -Seconds Count. Misses Don't-

  7. #7
    Quote Originally Posted by HeavyDuty View Post
    You know, sometimes when you get creative and exploit a loophole or advance the technology, regulations catch up with you. Not saying what BATFE is doing here is right, but IMO it was foreseeable.
    That's what the legislature is for.

  8. #8
    Site Supporter HeavyDuty's Avatar
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    Quote Originally Posted by littlejerry View Post
    That's what the legislature is for.
    I agree, but bureaucrats are great at forcing things into their area of control. What is needed is legislation that clarifies the status of FRTs.
    Ken

    BBI: ...”you better not forget the safe word because shit's about to get weird”...
    revchuck38: ...”mo' ammo is mo' betta' unless you're swimming or on fire.”

  9. #9
    TITLE 26—INTERNAL REVENUE CODE

    (b) MachinegunThe term ‘‘machinegun’’ means any weaponwhich shoots, is designed to shoot, or can bereadily restored to shoot, automatically morethan one shot, without manual reloading, by asingle function of the trigger. The term shallalso include the frame or receiver of any suchweapon, any part designed and intended solelyand exclusively, or combination of parts designed and intended, for use in converting aweapon into a machinegun, and any combination of parts from which a machinegun can beassembled if such parts are in the possession orunder the control of a person.
    AFT interpretation

    expel more than one shot with a single, continuous pull of the trigger.
    Not the same.
    We could isolate Russia totally from the world and maybe they could apply for membership after 2000 years.

  10. #10
    Quote Originally Posted by HeavyDuty View Post
    What is needed is legislation that clarifies the status of FRTs.
    The problem is there is rarely ever accountability or consequences for such actions, so they will only keep occurring. What we need is more criminal law (maybe already exists, I'm a layman) and a judicial system that will put federal agents (or state equivalent, CA DOJ, etc) in prison for shenanigans like this, and stiff sentences at that. It essentially amounts to playing word games to attempt to deprive citizens of life and liberty.

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