We Beat the ATF!

In a landmark decision, Texas Gun Rights and the National Association for Gun Rights have secured a significant victory against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

A federal judge delivered a scathing 64-page ruling that struck down the ATF’s controversial forced reset trigger (FRT) ban, marking a crucial win for Second Amendment advocates.

The ban aimed to prohibit the use of forced reset triggers, devices designed to increase the firing rate of semi-automatic weapons. The ATF argued it was necessary to prevent the potential misuse of these devices, while opponents saw it as an overreach of federal authority and a direct infringement on the Second Amendment rights of law-abiding citizens.

TXGR and NAGR challenged the ATF’s ban in court, arguing that the forced reset triggers did not constitute machine guns under federal law and that the ban was arbitrary and capricious and violated constitutional rights.

The federal judge’s ruling echoed the arguments presented by TXGR and NAGR. In the 64-page document, the judge criticized the ATF for overstepping its regulatory authority and failing to provide a clear and consistent rationale for the ban. 

The ruling emphasized that the ATF’s interpretation of the law was flawed and that the forced reset triggers did not meet the statutory definition of a machine gun.

The striking down of the forced reset trigger ban sets a significant legal precedent. It reinforces the limitations of regulatory agencies and underscores the necessity for laws and regulations to be clearly defined and consistently applied. 

Judge O’Connor’s ruling was clear and uncompromising. Drawing upon precedent in numerous other concurrent Second Amendment cases, the judge enjoined the ATF’s redefinition of forced reset triggers as “machine guns.” 

The case, NAGR Inc., et al., v. Garland, challenged the federal government’s redefinition of “machine gun” under the National Firearms Act of 1934 to include novel inventions such as the forced reset trigger.

In layman’s terms: the district judge threw out the ATF’s redefinition of new, novel triggers as “machine guns.”

A forced reset trigger (FRT) is an assembly that allows the trigger of a semi-automatic weapon to reset quicker than it would otherwise by using the standard trigger-return spring. Due to the swift trigger reset, a firearm equipped with an FRT enables the user to fire at a faster rate than with a traditional trigger. 

The ATF’s Firearms Technology Criminal Branch (FTCB) had issued an open letter in March 2022 advising that some FRTs are considered “machine guns” under the Gun Control Act (GCA).

In his decision, Judge Reed O’Connor stated:

“It is emblematic of a devastating problem that increasingly rears its head in federal courts: rampant evasion of the democratic process. Few issues more acutely underscore this problem than the present case. Our nation would do well to remember the very reasons and spirit that inspired our democratic system of governance in the first place.”

He further noted:

“Each time an agency circumvents the legislative process it chips away at the most prudent reason for the separation of powers, that is, ensuring unelected and unaccountable individuals do not make the law. This reason alone compels the Court’s decision today.”

The decision effectively does the following:

– Vacates the ATF’s classification of FRTs as “machine guns”

– Stops the ATF from enforcing the expanded definition of “machine gun” against certain parties, including plaintiffs, their families, and NAGR members

– Stops the ATF from pursuing criminal proceedings against the plaintiffs

– Orders the ATF to return all confiscated components

– Orders the ATF to mail a letter correcting their previous letter that warned suspected FRT holders that they possessed a “machine gun”

In his closing remarks, Judge O’Connor warned against tyranny:

“Every year, our country commemorates the revolution waged against a tyrannical executive. To safeguard against future tyranny, our founding documents designed a system that prevents undue concentrations of power in order to protect important rights and to ensure that a legislative consensus is reached before enacting laws on the most important issues in society.”

This decision is a monumental victory for the Second Amendment and for the rights of all law-abiding gun owners. We are committed to continuing our fight against any and all attempts to infringe upon our constitutional rights.

While the ruling represents a significant victory, the battle for gun rights is far from over. TXGR and NAGR have vowed to remain vigilant and continue their advocacy, ensuring that the rights of gun owners are protected from undue government overreach.

The summary judgment striking down the ATF’s forced reset trigger ban is a pivotal moment in the ongoing struggle to preserve the Second Amendment. The detailed and emphatic ruling serves as a reminder of the importance of legal clarity and constitutional fidelity in the face of regulatory actions.

12 responses to “We Beat the ATF!”

  1. Gene, Agent Graves Technology Avatar

    Let’s not blow your own horns boys.

    Rare Breed triggers owners Register, Leluex, DeMonico and the fourth owner stole the Graves Technology that won against the gov’t in this matter.

    However, the criminal acts in obtaining the technology through syncopated Grand Larceny are just beginning for the owners of RBT/ABCIP.

    NAGR nor anyone else won against the government, the winner is scientist inventor Thomas Allen Graves technology alone! Graves won against the government.

  2. J.B. Avatar
    J.B.

    Keep up the good fight!

  3. Ranger Michael Vick Avatar
    Ranger Michael Vick

    In my humble opinion, Jo O’Connor deserves the Medal of Honor! He is starting us on the return to a constitutional republic. I hope and pray that this continues and other judges take his case management to heart. this and the 10th amendment are the only choices we have.

  4. Sharon M Vurik Avatar
    Sharon M Vurik

    Yahoo and congrats ! Keep up the great work on our behalf !!

  5. Steve Sosa Avatar
    Steve Sosa

    Bless you! Thank you for protecting constitutional rights!

  6. Steve Sosa Avatar
    Steve Sosa

    Bless you! Thank you for protecting constitutional rights! I stand for gun rights.

  7. Rand Avatar
    Rand

    How about the 85,000 new IRS agents that now CARRY firearms? Should IRS agents “carry”? This draconian , dystopian , and Unconstitutional , and scary to put it mildly. This FRT assembly law affects only legitimate gun owners. The IRS agents will affect EVERY middle class taxpayer . Yes , these two examples are related , just in different ways.

  8. Lisa Avatar
    Lisa

    The ATF and this idiotic government needs to realize were not giving up our 2nd Amendment rights , they keep trying it’s not going to happen.

  9. George C Atkinson Avatar
    George C Atkinson

    I would like to see the regulations, restrictions and permits for suppressors scrapped. I am one of thousands with hearing loss due to military service. The suppressor system is cost prohibitive for a large majority of the population that enjoy the shooting sports and hunting. The federal permit system to own a suppressor, as well as all the associated government taxes, should be cancelled.

  10. Debra Moores Avatar
    Debra Moores

    Outstanding!

  11. Carlos Miranda Avatar
    Carlos Miranda

    The second amendment is clear, simple and to the point. Shall not be infringe. It was created for the purpose of the people to be able to defend from government tyranny. When a government has tanks, aircraft and machine guns, it is unconstitutional to limit the peoples improvement and enhancement of their weapons and limit and render and reduce the ability of defense of the people. So any and all laws passed in the name of safety or wherever, are null and void.

  12. michael Hewett Avatar
    michael Hewett

    hahaha Hell Yes! screw the ATF ship them all to north korea.

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