Tag Archives: Machinegun

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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So you didn’t want to die on “bump stock hill”

For better than a year and a half, The Zelman Partisans have been trying to warn gun owners that the bump-fire stock ban was a bigger deal than just that. In late May, we warned that lawyers were taking notice and making this argument in public.

Now they’re arguing in Nevada state court that all semi-automatic firearms are “easily convertible” to machineguns and therefore are machineguns.

Parents of Las Vegas massacre victim sue gun makers and dealers: “These are weapons of war”
As the Parsons later learned, the shooter had used a dozen different rifles, each modified to simulate a machine gun with automatic fire. That allowed him to fire more than a bullet a second.

Machine guns have been banned since 1986. But the lawsuit the couple filed last night claims a gun that’s easily modifiable to fire automatically is a machine gun, and is therefore “flatly illegal” under federal and state law.

This challenge to the Protection of Lawful Commerce in Arms Act hinges on the bump-fire ban. PLCA doesn’t protect manufacturers when they’ve broken the law, and this argument is that they’ve been unlawfully marketing post-1986 (thanks, VNRA) “easily converted” machineguns to civilians.

If you want to derail this suit, and avoid the otherwise inevitable unpleasantness of an attempted semi-auto ban, you need to support the groups fighting the bump-fire stock (or even rubber bands) ban:

Firearms Policy Coalition and Gun Owners of America Are leading the charge in federal court.

Donate to Firearms Policy Coalition (and enter to win a SIG P320)

Donate to GOA

Please note that I am not recommending any donations to the National Rifle Association. They got us into this mess. And, to date, I can find no indication that they’ve diverted a penny of LaPierre’s wardrobe-and-busty-intern budget to a ban challenge; I’ve not found so much as an amicus brief in someone else’s case.

[Permission to republish this article is granted so long as it is not edited and the author and The Zelman Partisans are credited.]

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with ISP and web host bills. And the rabbits need feed. Click here to donate via PayPal.
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Theoretically Speaking

There is a semi-known NRA apologist who has been advocating for the NRA position of preemptive surrender on bump-fire stocks. I’m going to quote him, but I’m not about to give him free traffic with a link. Nor will I name him, as he seeks his little moments of fame. I only use his words at all because he’s the perfect example of poor thinking on the subject. (You can copy/paste the quotes into a search engine to find the blogger and post to which I refer.)

“I’m very sorry our great-grandparents abandoned Machine Gun Hill in the 1930s. None of us alive today were there. A lot of people seem to want to die on Bump Stock Hill. It’s not that I don’t want to fight, it’s that I’m not going to fight for something I can’t win or can’t defend successfully. I’m going to strengthen my lines against attacks on my flanks and leave that indefensible position to those foolish enough to fight for it.”

He may have forgotten that the NRA abandoned Machinegun Hill. And why is the bump-fire hill worth losing as well?

“The overriding goal is to save semi-automatic firearms as an entire class (i.e. they don’t get to just ban scary looking semi-autos) . We have to fight that with everything we got.”

But that is exactly what he’s giving up.

Every bump-fire ban bill in DC has specifically addressed rate of fire. Every state and local bill I looked at did the same.

The current Notice of Proposed Rulemaking on classifying bump-fire stocks as machineguns also addresses rate of fire.

In every case, bump-fire stocks (and trigger cranks and “Multi-burst Trigger Activators”) are bad merely because they assist the shooter in approaching the firearm’s inherent theoretical maximum rate of fire. The semiautomatic rate of fire is the problem.

Take away the bump-fire stock, crank, or multi-burp shoulder thingy, and the evil — to the gun ban bunnies — rate of fire remains.

Does anyone reading this honestly doubt that establishing the precedent of the theoretical rate of fire being the problem is exactly what they want?

The NPRM would make bump-fire stocks (“bump-stock-type devices” -snerk-) “machineguns” because the rifles fire fast. “Oh, look; it still fires fast, without the BSTD. Still a machingun, folks. Turn ’em in.”

All the proposed rules and legislation ban anything that assists in approaching the theoretical maximum rate of fire. It was never sloppy language in Feinstein’s proposal that would include aftermarket springs and triggers. They can assist in approaching that theoretical max.

So do quick-change detachable magazines. And fixed auto-feeding magazines.

The “problem” is that semiautos fire quickly, therefore they will be classed as machineguns, too. Eventually. That’s the slippery slope that Pelosi advocated, and that spoiled brat Tarr.

Mr. Forget-that-hill-follow-me-to-this-one is giving away the sloped hillside they need. Congratulations, NRA-boy.

“I believe in our current political situation, the ATF classification is the path of least damage to the overall gun rights movement.”

In fact, it’s worse than the legislation, for two reasons.

1) Legislation requires at least two votes and the President’s signature, which would give us someone to fight.

2) The ATF rule proposal is based on an outright lie about how bump-fire stocks work (continuous fire with a single operation of the trigger). That sets a second precedent, that they can lie with impunity. As Michael Z. Williamson noted, “this opens the floodgates for ANY bureaucrat to declare ANYTHING illegal.” By bureaucratic fiat. No vote. No “throw the bastards out” in midterms. With no recourse but to the Supreme Court which has been refusing to hear any RKBA appeal.


Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could use the money, what with truck repairs and bills.

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