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
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

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.

NRA Applauds Governor Youngkin for Vetoing Two Dozen Anti-Second Amendment Bills

News  

Second Amendment  

Tuesday, March 25, 2025

NRA Applauds Governor Youngkin for Vetoing Two Dozen Anti-Second Amendment Bills

Yesterday, Virginia Governor Glenn Youngkin reaffirmed his support for the rights of law-abiding gun owners by vetoing two dozen bills that would have trampled on the Second Amendment freedoms of the citizens of the Commonwealth. ...

House Judiciary Committee Prepares to Advance Key Second Amendment Legislation

News  

Friday, March 21, 2025

House Judiciary Committee Prepares to Advance Key Second Amendment Legislation

The House Judiciary Committee, led by Chairman Jim Jordan (R-OH-04), is planning to hold a legislative markup on March 25, 2025 at 10 am EST.  The Committee will be considering several bills during this markup, two ...

New Jersey: Anti-Gun Bills Pass Assembly

Wednesday, March 26, 2025

New Jersey: Anti-Gun Bills Pass Assembly

On Monday, March 24, the Assembly passed several gun control bills. Most of the bills addressed issues which are already illegal under both state and federal law. It is an election year in New Jersey, ...

Oregon: Update on Tomorrow’s Gun Bill Hearing in the Senate

Wednesday, March 26, 2025

Oregon: Update on Tomorrow’s Gun Bill Hearing in the Senate

Today, on the eve of the scheduled Senate Judiciary Committee hearing, SB 243, a placeholder bill that was directed at study background checks, received a 23-page amendment combining four anti-gun bills into a single omnibus ...

Florida: House Passes Bill Repealing Age Discrimination of Adults; Urge Senate Hearing - Take Action!

Thursday, March 27, 2025

Florida: House Passes Bill Repealing Age Discrimination of Adults; Urge Senate Hearing - Take Action!

Yesterday, the House voted 78-34 to pass House Bill 759, which restores the ability for young adults to acquire firearms by lowering the minimum age requirement to purchase from 21 to 18. The Senate companion, Senate Bill 920, has ...

Colorado: FOID Bill Returns to Senate Tomorrow, More Bills on the Move

Thursday, March 27, 2025

Colorado: FOID Bill Returns to Senate Tomorrow, More Bills on the Move

On Friday, March 28th, Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, will return to the Senate floor for concurrence with the House amendments. If the Senate accepts the amendments, SB 25-003 will be transmitted to Governor ...

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.