Hoffman Tactical Super Safety vs. The ATF

Hoffman Tactical has an interesting new design for an AR-pattern firearm part. It’s the Super Safety Active Trigger System.

Basically, it’s a 3D-printed crossbolt safety, instead of the familiar rotating lever. I actually kinda like crossbolt safeties, and might be interested in trying this on an AR just to see if I could get used to it (after forty plus years of M-16s and AR-pattern semiautos).

But that’s not really the truly fascinating part of the Super Safety; it’s the “active trigger system” aspect.

This might sound like a digression, but it isn’t. You may recall the Rare Breed Triggers FRT-15, the forced reset trigger loathed and banned by ATF determination. Pull the trigger, fire a round, and the bolt moving forward again actively forces the trigger to reset forward. If you maintain trigger pressure after firing (rather than manually releasing the trigger), you can immediately press the trigger, firing quite rapidly. It isn’t something I need, but for expensive range fun and certain specialized field situations, it could be handy. The ATF naturally –being the unconstitutional scumbags they are — immediately “determined” that the FRT-15, and other similar devices are machineguns. And, oops, manufactured after May 1986, so no forced reset devices for you. The ATF applied the same pseudo-logic from their bump stock ban, where they redefine “single operation of the trigger” to actually mean “single manual, volitional movement of the finger.”

That wasn’t a digression because Hoffman Tactical’s Super Safety has three switch positions: safe, ready… and right in the middle… forced reset. Yep, albeit with a different mechanism, it can accomplish the same trigger reset as the FRT-15.

You might be wondering why this isn’t covered by the same FRT-15 rule that the ATF used to go after Rare Breed Triggers and Wide-Open Triggers.

There is no such rule. The ATF used a mere “determination letter.” Tim, at Hoffman Tactical noted, “The ATF has not made a proper regulatory determination in regards to forced reset triggers. If that changes, then our intentions may be altered.”

To shut down the Super Safety, the ATF — using their current process — would need to obtain a Super Safety, inspect it, and determine that it specifically is a “machinegun.” Just like they did to Rare Breed.

At which point, Hoffman Tactical need only not 3D-print a Super Safety, leaving the ATF to redefine itself as the Bureau of Alcohol, Tobacco, Firearms, Explosives, and Computer Code. Which hasn’t gone well for the the feds in their fight with Defense Distributed over Ghost Gunner CNC mill computer code.

Or the ATF could just keep blasting out individual determination letters, like shot from a shotgun, every time someone clever comes up with yet another forced rest system. At which time, the innovators just generate yet another forced reset system (I’m thinking a modified bolt carrier group). Lather, rinse, repeat.

Alternatively, the ATF could promulgate another rule generally declaring any forced reset device to be a machinegun, and go after the smart folks automatically. For what it’s worth, I don’t think the ATF can legally make any such regulatory determination. That would require legislative action, not fiats from bureaucrats (FRT-15, unfinished frames/receivers, pistol braces, bump stocks, open-bolt semi-autos, etc). Thus far, the ATF has been relying on Chevron deference to get away with reinterpreting laws for its own benefit.

Right now, Chevron deference is in serious trouble. And several courts are noting that Chevron deference is only supposed to apply to civil law, not criminal law with criminal penalties. If LOPER BRIGHT ENTERPRISES v. RAIMONDO tosses deference, then a large swath of ATF rules will be ripe for toppling.

Would the ATF then simply go back to individual determination letters? (At least they might be too busy with paperwork to kick in doors and stomp kittens.)The fact is that even determination letters of the sort used for forced rest, bumpstocks, and pistol braces still rely on deference to allow them to redefine words.

Deference is on thin ice. It is used by courts to “defer” to bureaucrats in cases where the law is so vague that even the court can’t decide what the devil the lawmakers were trying to do; so they leave it up to the unelected bureaucrats. That’s lazy, and that’s wrong.

If a statute really is that vague, then it is unconstitutionally vague and must be voided. If the statute is clear, then the bureaucrats have no business “interpreting” it, to expand their power.

It’s a binary solution set: Either the law means exactly what it says, no more, no less; or the law is void for vagueness.

The ATF might find it a little harder to make “determinations” that your neat gadget violates an unconstitutional and voided law.

I wish Hoffman Tactical the best in the inevitable legal conflict with the ATF goons.

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4 thoughts on “Hoffman Tactical Super Safety vs. The ATF”

  1. I admit that I am quite lacking when it comes to Constitutional law, however isn’t there such a law dealing with ips post facto, or such, that says that the powers that be cannot change a legally possessed item into an illegal one, and then use the newly enacted law to prosecute what was until then, completely legal behavior?
    I suspect that I am missing something, but it does seem like that should be a very vital part of our freedom, the freedom to pursue happiness without fear of being made into a criminal not by your action, but by the action of the government or their unelected lackeys.
    One more point, on a different topic, or maybe not. I remember when Trump was elected in 2016, it happened not due to his greatness or even his grandiose promises. He was elected on a rolling wave of seething anger.
    Now in 2020, if you think the way I still do, the Democrats had learned their lesson about leaving anything to chance. And they blanking blank sure were not going to stand by and watch while another red wave gave them a big kick in the backside. So they spent the time of the so called pandemic laying plans to ensure their win, all while raping the Treasury and our future. Because they are really that short sighted.
    Noe for 2024, they have things locked up good and tight, ensuring my temporary civic rules for all time. So in normal situations, no other party will be able to win an election for dog catcher, unless they are Nancy Pelosi’s nephew.
    Only one problem with that. This isn’t normal situations, and those who voted for Trump in anger the very first time, likely did so the second time, and in their hearts they know that the election was fraudulent. And now after about half of a Ventriloquist puppet in the 4 year term of president, those who wore the MAGA hats with pride have gained more followers than the pollsters would have you to believe. The American people are not stupid, no matter what the politicians think. We know when the economy is in the tank, no matter what rosy numbers they trot every month. When it costs 50% more for a family of 4 per month for food, and utility bills are up, along with gasoline, the medicine your spouse takes for Diabetes is double out of pocket, government numbers are an insult to people who know what they experience.
    I predicted when Trump ran the first time that he would win, long before anyone gave him a chance. I am predicting a wishy-washy outcome this time. He won’t face a trial during the election, I think the Supreme Court will say that it is partisan, and can wait. Then, the biggest occurrence in perhaps all of American history. Trump will either win the presidency in a landslide like Nixon did, or whom ever is installed as president had better familiarize themselves with that presidency of Abraham Lincoln, because I expect that would be our next, and likely final, stop. I am not a prophet, but I did find Waldo before. That makes me as qualified as most of the talking heads on the cable entertainment/news shows.

    1. “however isn’t there such a law dealing with ips post facto, or such, that says that the powers that be cannot change a legally possessed item into an illegal one,”

      Ex post facto: That was in trouble for a long time, and they drove the final nail into the coffin in 1997 with the Lautenberg Amendment, retroactively making people prohibited persons for prior misdemeanor convictions.

      But one could argue that these forced reset determinations aren’t ex post facto, if they only ban them going forward, and don’t try to bust people for possession in the past.

      As for making something unlawful that was once lawful… gov does that all the damned time. Changing allowed toilet volume, shower flow rates, the clearly planned gas stove ban. Heck, suddenly requiring all cars to have catalytic converters (that don’t even work for most vehicle trips, because they have to warm up).

      1. I knew that my spelling didn’t seem right, thanks for fixing it. Not to sound like a crazy Libertarian or something, but making one a criminal for what they did yesterday that was perfectly legal sounds somehow, I don’t know, Un-American.
        Then again the way things are going now, what could possibly be MORE American than for our fed.gov. to change the rules without notice?
        I am too old to get involved with the beginnings of the coming revolution, but make no mistake, it is coming. The only thing to be determined is will it be started by Patriots or the Socialists in Washington.

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