I recently noted that the ATF has deemed the FRT-15 semiautomatic trigger is a machinegun. Rare Breed Triggers president Lawrence DeMonico is pushing back.
In this video, Mr. DeMonico explains what the ATF did, why Rare Breed knows they are wrong — on so many levels — and what Rare Breed is doing to fight back.
Before going to market, they took the FRT-15 to four separate subject matter experts, who all, independently said the trigger was semiautomatic. Personally, in terms of the language of the law, I think it’s a no-brainer since very point of the trigger is that it forces a reset absolutely requiring the user to pull the trigger once again before it will fire.
Of course, the ATF is not using the actual language of 26 U.S. Code § 5845:
(b)Machinegun
The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.
The ATF has adopted a new definition of “function of the trigger” to mean “volitional movement of the finger.” Read that. Do you see “volitional”, “movement,” or “finger” in there anywhere?
And even that is remarkably stupid, even for an agency that thinks inanimate pieces of plastic are machineguns. One more time: The FRT-15 forces a reset and requires the user to consciously and manual pull the trigger again to fire. At least with a bump-fire stock, the finger could passively sit on the ledge, while the user — consciously and manually operates the action with his off-arm.
I assumed that Rare Breed Triggers would file a lawsuit. In the video, Mr. DeMonico confirms that a suit has been filed. Once I knew that, and in which court, it took me approximately 10 seconds to find it; and most of that time was spent typing search terms. The case is Rare Breed Triggers, LLC et al v. Garland et al.
This case is going to be fun to watch. For one Mr. DeMonico pulls no punches. For another…
There’s the matter of his subject matter experts. They were… the ATF’s subject matter experts. One literally wrote the ATF’s academy course on machinegun identification. Another taught the course in machinegun identification.
Those people are going to walk into court, present their prior-ATF credentials, and explain that the FRT-15 is semiautomatic.
The ATF is going to walk into court and tell the judge and jury that fingers are triggers.
Please note that only one person had been charged with unlawful possession of a bump-fire stock machinegun. When defense showed up with an expert witness who said bump-fire stocks are not machineguns, the prosecution dropped the charge, rather than try to tell the judge and jury that fingers are triggers.
This case won’t be in a Ninth Circuit court. The judge is probably going to be pounding his gavel and demanding order when everyone cracks up laughing.