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
MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

Wednesday, March 12, 2025

MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

On March 11, the Supreme Judicial Court of Massachusetts issued two decisions concerning the Commonwealth’s firearms carry licensing scheme for nonresidents.

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

News  

Monday, March 17, 2025

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

In a turnabout worthy of Invasion of the Body Snatchers, The Washington Post (WAPO) published an editorial last Tuesday criticizing the gun control movement for ignoring the Protection of Lawful Commerce in Arms Act (PLCAA) and pursing its agenda in ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

VPC Recycles Old Campaign Against .50 Caliber Rifles

News  

Monday, March 17, 2025

VPC Recycles Old Campaign Against .50 Caliber Rifles

It’s been some time since we have talked about one of the oldest, most extreme anti-gun organizations, the Violence Policy Center (VPC).  Back in 2022, we noted the organization wanted then-president Joe Biden’s administration to reclassify ...

Washington Post Gets It Almost Right About Restoration of Second Amendment Rights

News  

Monday, March 17, 2025

Washington Post Gets It Almost Right About Restoration of Second Amendment Rights

Last week brought yet another installment in the ongoing saga of The Washington Post’s (WAPO) pivot toward “individual liberties and free markets” in its opinion section.

Washington: Gun-Free Zone Expansion Bill Scheduled for Hearing on Tuesday

Friday, March 14, 2025

Washington: Gun-Free Zone Expansion Bill Scheduled for Hearing on Tuesday

On Tuesday, March 18th, the House Committee on Civil Rights & Judiciary will hold a public hearing on Senate Bill 5098, a gun-free zone expansion bill. The hearing has been set for 10:30AM.

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Vermont: Crossover Day Defeats All Anti-Gun Bills for 2025

Friday, March 14, 2025

Vermont: Crossover Day Defeats All Anti-Gun Bills for 2025

Today, March 14th, is  the "crossover" deadline in the Vermont legislature. Bills that fail to advance out of the chamber of origin are considered "dead" for the session.

Grassroots Spotlight: Freedom Firearm & Defense

Take Action  

Monday, March 17, 2025

Grassroots Spotlight: Freedom Firearm & Defense

Throughout the State of Texas, you will almost always find yourself within proximity of a Shooting Range or Gun Store. 

Colorado: FOID Bill Passes House Judiciary With More Amendments

Wednesday, March 12, 2025

Colorado: FOID Bill Passes House Judiciary With More Amendments

Yesterday, March 11th, Senate Bill 25-003 underwent another transformation during a late-night hearing in the House Judiciary committee, ultimately passing with amendments along a party-line vote. 

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.