The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is looking to ban yet another firearm accessory. This time the agency has its sights set on Orlando-based Rare Breed Triggers (RBT), the manufacturer of a drop-in AR-15 trigger.
The unique FRT-15 (forced reset trigger) increases the speed with which a shooter can fire a semi-automatic firearm. The ATF says this feature makes it a “machine gun” by legal definition and that the trigger should therefore be heavily restricted.
Agents from the ATF’s Tampa Field Division paid a visit to RBT headquarters on July 26 to notify the company of alleged violations and deliver a cease and desist letter. The company told the ATF to pound sand.
In the two-page cease and desist request presented to RBT, the agency claims the FRT-15 trigger is a machine gun as defined by the National Firearms Act. The company was instructed to immediately halt all production of the trigger and send a plan to the ATF within five days for addressing triggers that have already been sold.
RBT’s legal counsel disagreed and fired back immediately, disputing the ATF’s claims. The attorneys then filed a federal lawsuit against the agency and the attorney general, Rare Breed Triggers, LLC v. Garland, in the 11th Circuit court.
“When Congress wrote the law defining a machine gun, they drew a box. They said, ‘If you stay in this box, it’s not a machine gun; but if you step out of the box, it is a machine gun,’” said RBT president Lawrence DeMonico. “Well, I found a way to attain my goal and stay within the box. Now the ATF wants to change the shape of that box. As an executive agency, they don’t get to do that. The ATF is not allowed to create legislation. That’s Congress’ job.”
It should be noted that RBT did not seek ATF approval for the FRT-15 before bringing the product to market. While this step is not a legal requirement, many companies voluntarily choose to make it a part of the R&D process.
Much like the stabilizing brace issue that came to light late last year targetting Q, LLC’s Honey Badger AR pistol, RBT’s lawsuit has the potential to become another high-profile showdown with an anti-gun presidential administration on one side and Second Amendment advocates and gun owners on the other.
What’s Unique About the FRT-15
After pulling a conventional semi-automatic trigger, the shooter must manually release it and allow it to travel to its reset point under light spring pressure before the trigger can be pulled again.
As its name implies, the FRT-15’s trigger is forced to reset very quickly after a shot is fired when the bolt carrier group returns forward, whether the trigger is released or not. This allows for extremely fast follow-up shots, but the trigger must still be pulled each time a round is fired.
In contrast, when a full-auto or machine gun trigger is pulled and remains depressed, the firearm will continue to fire repeatedly until it’s out of ammunition or the trigger is released.
“Did I know some people wouldn’t like what I was doing? Sure. But there are haters everywhere. It doesn’t matter what you do – someone out there is not going to like it.”
Without prior knowledge of how the FRT-15 works, a live demonstration of a firearm with the trigger installed would surely convince most people – gun novices and experts alike – they’d just seen a machine gun in action. A standard 30-round magazine can be emptied in a few seconds, and the rapid reports would sound a lot like full-auto gunfire.
However, the legal definition of a machine gun has nothing to do with how fast a gun can be shot or the sound it makes but rather the number of rounds that are fired with a single function or “pull” of the trigger.
A machine gun is 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 machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
The ATF’s cease and desist letter claimed the agency had examined the FRT-15 trigger and determined it met the definition of a fully automatic machine gun, as described above. However, the letter offered no details about the examination or additional documentation.
“The directives laid out in the cease and desist [letter] were based on an alleged examination performed by the ATF,” DeMonico said in the video above posted Aug. 21 on Vimeo. “I say ‘alleged examination’ because no copy of the examination was provided with the cease and desist. And during the conversation that followed, not only did [the ATF agent] admit he had not actually seen a copy of the examination, but in addition, he stated he hadn’t even seen an actual sample of the FRT trigger.”
Putting Up a Fight
So what makes RBT confident it can successfully challenge the bureaucratic might that is the ATF?
Simply put, the company feels it can prove that the FRT-15 does not meet the legal definition of a machine gun in a court of law. While the trigger certainly enables a firearm to be fired quickly, RBT says it does so within the design parameters of a perfectly legal, semi-automatic trigger.
“It’s not how fast the gun shoots,” DeMonico told ABC affiliate WFTV in Orlando. “It’s how the gun shoots fast.”
DeMonico is quick to point out that this is not only his opinion but also the opinion of his attorneys.
“I didn’t prepare for a fight just to have a fight,” DeMonico told Free Range American. “However, I knew I had to dot my i’s and cross my t’s. Everything I do in life is based upon the notion that I don’t move until I’m sure it’s safe to move. I mean, I’m damn sure not looking to go to jail. Right? Rare Breed Triggers might be new to the scene, but it is not a new endeavor for me. I have been working on the FRT for about four years. When we got a prototype that seemed to work, it was like, ‘Holy sh*t. We might be onto something here!’”
“We knew we needed some expert legal opinions if we were going to bring this thing to market. And I didn’t just jump on YouTube and gather a bunch of half-baked opinions of some third-string ‘gun-tubers,’” he added. “All four of my legal experts have testified on behalf of the [Department of Justice] and ATF in countless cases. I didn’t set out to do something illegal. Did I know some people wouldn’t like what I was doing? Sure. But there are haters everywhere. It doesn’t matter what you do. Someone out there is not going to like it.”
The collection of rebuttal statements written by the company’s legal team shows RBT was indeed fully prepared for this legal battle long before it happened.
The company is taking heat from some in the firearms community for failing to seek ATF approval for the trigger before releasing it, despite being under no legal obligation to do so. DeMonico said he firmly believes his team’s due diligence was so exhaustive that prior approval by the ATF was unnecessary.
There has been no public response from the ATF. The agency typically does not comment on pending litigation, but this case is bound to produce some fireworks. We’ll keep a close eye on it.
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The United States also sought a temporary order immediately halting any sales of the FRT-15 or any forced reset trigger until and unless otherwise ordered by the Court. On January 25, 2023, United States District Judge Nina R. Morrison entered a temporary restraining order against Defendants.
In July of 2021, the ATF served Rare Breed Triggers with a cease-and-desist order, ordering the company to stop selling its popular FRT-15 trigger. Rare Breed Triggers refused to comply with the ATF's demands and filed a lawsuit in federal court against the ATF.
Yes, there are nine states, along with the District of Columbia, that have banned binary triggers. While these devices are legal on a federal level, that doesn't stop states from making their own rules in this context.
The ATF, upon learning of the trigger, sent Rare Breed a cease and desist letter explaining that the ATF determined the FRT to be a “machine gun” and was, therefore, being illegally made, sold, and possessed by many Americans.
While a cease and desist letter is not legally enforceable, ignoring it can trigger potential legal action from its sender. However, a cease and desist letter can also be used as a scare tactic to trick you into thinking there will be legal recourse for not complying with its demands.
What Is a Forced Reset Trigger? After pulling a conventional semi-automatic trigger, the shooter must manually release it and allow it to travel to its reset point under light spring pressure before the trigger can be pulled again.
What Is a Cease and Desist? A cease and desist is a written notice demanding that the recipient immediately stop an illegal or allegedly illegal activity. It may be an order or injunction issued by a court or government agency or a letter from an attorney. A cease and desist order or injunction has legal power.
Rare Breed Triggers LLC and Rare Breed Firearms LLC, along with two individual defendants, intentionally failed to register the forced reset trigger devices as part of a scheme to hide unlawful sales from the Bureau of Alcohol, Tobacco, Firearms and Explosives, according to a Department of Justice lawsuit unsealed ...
The ongoing conflict over the Rare Breed Forced Reset Trigger (FRT-15) has resulted in a federal lawsuit in which the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) accuses Rare Breed of conspiring to defraud the Unites States.
But the owners of Rare Breed Triggers disagreed with the federal government. According to the U.S. attorney's lawsuit, the company kept selling illegal devices even after the Bureau of Alcohol, Tobacco, Firearms and Explosives ordered them to stop.
Unlike traditional triggers and binary triggers (sometimes referred to generally as “FRTs”), the subject FRTs do not require shooters to pull and then subsequently release the trigger to fire a second shot.
A binary trigger increases a weapon's firing speed. Unlike a bump stock, it is legal in most states. It allows a firearm to shoot one bullet when the trigger is pulled and one when it releases. A 30-round magazine can be emptied in about three seconds.
It is completely legal, very expensive, tedious. Burst Fire is legal, some weapons are made ONLY for Burst-Fire. Anything that pulls more than one cartridge per trigger is considered an automatic weapon and is therefore illegal unless you buy a predator.
A “trigger crank” or “gat crank” attaches onto the trigger guard, and the shooter then rotates the crank, which will the pull the trigger about 3x per rotation. … You can't modify the internal components of the gun to make it fully automatic, but these workaround accessories are perfectly legal.
Yup, you can buy them online and have them ship to your house. It's not considered a firearm, buuuuut it won't do anything for you unless you already have a receiver with a full auto pocket.
The above statement clearly describes our Binary design as it is engineered to fire only one round on pull of the trigger and one round on release of the trigger. This further illustrates why Binary® triggers are federally legal and not regulated by the NFA or GCA.
The short 2mm reset makes the Zero trigger one of the fastest on the market. The reset is also positive, which facilitates even faster shooting during training or competition.
Never attempt to respond or retaliate against a cease-and-desist letter without legal guidance. An experienced business law attorney can help protect your interests and pursue the best possible outcome.
Although it does not have any legal consequences attached to it, a cease and desist letter serves as a serious warning to the perpetrator that you may take legal action if they do not stop their behavior.
Certain trigger assemblies referred to as “forced reset triggers” or “FRTs” do not require the shooter to pull and then subsequently release the trigger before a second shot is fired. Thus, some FRTs allow a firearm to automatically expel more than one shot by a single, continuous pull of the trigger.
Uninterrupted Trigger Control - This will be your preferred method. ...
Interrupted Trigger Control - You will use this method of trigger control in extremely windy conditions, when engaging moving targets, or when target exposure time is limited because the rifle may not completely settled.
Trigger reset is the act of releasing the trigger after a shot only to the point where it reaches its reset point and “clicks,” allowing you to fire again. Not only do many trainers use the technique as a way to teach trigger control, but it can arguably make you a faster and more accurate shooter when done correctly.
Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.
Founded in 1986, Colonial Williamsburg's Rare Breeds program helps promote genetic diversity in livestock that research shows thrived in 18th-century colonial British America.
Wide Open Enterprises, LLC is the designer and manufacturer of the revolutionary Wide Open Trigger (WOT). The WOT is the world's first hard-reset trigger developed for the AR platform.
update: ATF announced at FIC that they intend to disable pistol brace forbearance applications at 12:01 a.m. on May 31. The Department of Justice (DOJ) submitted its “Final Rule” on pistol stabilizing braces to the Federal Register on January 13, 2023.
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced a final rulemaking that would end the proliferation of untraceable ghost guns by clarifying that their core building blocks are firearms under the law—ensuring they are traceable and that licensed dealers conduct a background check before ...
ATF determined that Rare Breed's FRT-15 trigger “is a combination of parts designed and intended for use in converting a weapon into a machine gun,” the letter stated. The bureau after an examination of the trigger classified it as a machine gun under the National Firearms Act and the Gun Control Act.
It is completely legal, very expensive, tedious. Burst Fire is legal, some weapons are made ONLY for Burst-Fire. Anything that pulls more than one cartridge per trigger is considered an automatic weapon and is therefore illegal unless you buy a predator.
If your home-built rifle is indeed full-auto, either firing from an open bolt or utilizing specific parts to delay the hammer drop until the moment of lock-up, then that rifle is illegal under the NFA and cannot be made legal. You are at risk of arrest, conviction, fine, and imprisonment.
Yes.The Tac-Con 3MR trigger is fully legal to own. The Tac-Con 3MR does not make your firearm a full-auto machine gun. Due to its patented design, it only allows one round for each pull of the trigger.
Those caught with a switch-modified handgun can be prosecuted federally. The penalties for possession of an unregistered machine gun in the United States are up to a $250,000 fine and prison sentences of up to 10 years.
A binary trigger is a gun attachment mounted to a weapon. This system significantly improves the firing rate of the weapon. It enables you to fire one bullet after one trigger pull.
Five states—Idaho, Oklahoma, Utah, Vermont, and Wyoming—regulate the possession of machine guns in other limited circ*mstances such as prohibiting the possession of machine guns by minors. Five states—Alabama, Kentucky, Mississippi, New Hampshire, and New Mexico—do not have any state-level regulations of machine guns.
An automatic rifle fires repeatedly as long as the trigger is held down, until the magazine is exhausted. That fully automatic firing is achieved by weapons such as the machine gun and submachine gun.
“Unlike traditional triggers and binary triggers (sometimes referred to generally as “FRTs”), the subject FRTs do not require shooters to pull and then subsequently release the trigger to fire a second shot.” In conclusion, the ATF letter clearly cements the legitimacy and federal legality of the Franklin Armory® ...
Introduction: My name is Merrill Bechtelar CPA, I am a clean, agreeable, glorious, magnificent, witty, enchanting, comfortable person who loves writing and wants to share my knowledge and understanding with you.
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