Fed Judge Blocks ATF’s ‘Tyrannical Overreach’ Of Labeling Forced RBTs As Machine Guns

Fed Judge Blocks ATF’s ‘Tyrannical Overreach’ Of Labeling Forced RBTs As Machine Guns

Rare Breed Triggers (RBT), originally from Florida and currently headquartered in Fargo, North Dakota, along with the National Association for Gun Rights (NAGR), secured a “major victory” in their legal battle against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the case National Association for Gun Rights vs. Garland in federal court in the Northern District of Texas.

On Thursday, federal Judge Reed O’Connor issued a Temporary Restraining Order (TRO) against President Biden’s ATF’s attempt to classify Forced Reset Trigger (FRT-15) as an illegal machine gun. RBT’s email about the judge’s ruling said:

“Federal Judge, Reed O’Connor issues a Temporary Restraining Order (TRO) against the DOJ/ATF related to their tyrannical overreach of the FRT-15 and other Forced Reset Triggers.”

Judge O’Connor stated, “[T]he court finds that the Plaintiffs have demonstrated a strong likelihood of success on the merits… It is substantially likely that the ATF’s regulation containing a broadened definition of ‘machinegun’ exceeds the scope of its authority under the GCA [Gun Control Act of 1968].”

The TRO is maintained until “either September 27, 2023, or such time that the Court rules on Plaintiffs’ Motion for Preliminary Injunction (ECF No. 22), whichever is earlier,” according to the court.

NAGR argued that the 5th Circuit’s recent ruling ‘bump stocks are not machine guns‘ should be applicable here. O’Connor agreed with NAGR:

“The Fifth Circuit’s recent analysis of the exact statutory language at issue here shows that Plaintiffs [NAGR] are very likely to succeed on the merits… Because FRTs do not enable a weapon to automatically fire multiple rounds with a single function of the trigger itself, the court finds that FRTs most likely are not machineguns under Cargill’s reasoning.”

Owner of RBT, Lawrence DeMonico, explained in a video response: “If we win on forced reset triggers — we also win on pistol braces, bump stocks, 80% lowers, so-called assault weapons, and just about everything else the ATF is trying to ban by executive fiat right now.” 

DeMonico continued, “It’s no secret that Joe Biden and his ATF want to persecute and prosecute every person that has purchased an FRT trigger.” 

He noted the TRO only applies to the three plaintiffs in the case, adding, “Based on the language of the TRO — I think our chances are extremely good to get this extended to a full preliminary injunction that would protect all of NAGR’s members.” 

DeMonico said NAGR is suing on behalf of its members, which means if the court grants a preliminary injunction — anyone who is a member (and owns an FRT-15) “should have civil and or criminal protection from the federal government until a final decision is made in this case.”

We got a RESTRAINING ORDER against the ATF!

Lawrence DeMonico of Rare Breed Triggers is here to tell you about the temporary restraining order against the ATF in the lawsuit with NAGR against their unconstitutional ban on FRTs.

Join the fight: https://t.co/Wg7fIHdqs8 pic.twitter.com/upUBktWLU0

— National Association for Gun Rights (@NatlGunRights) August 31, 2023

Commenting on NAGR’s case is Defense Distributed, which also has a case in the 5th Circuit for ‘ghost guns’ said:

After the Fifth Circuit’s “Cargill” and “VanDerStok” decisions, this court and others have been able to sharply limit the ATF’s power to invent new regulations. This is a personal vindication for Mr. DeMonico as well, who has had to suffer DOJ’s weaponization of the courts against him and FRT innovation in New York.

For the last few years, we’ve thoroughly covered the ATF’s battle against RBT’s FRT-15 triggers that were once legally sold as a drop-in trigger for the AR-15-style rifle that forces the trigger to reset at such a high speed that it increases the weapon’s fire rate. However, the ATF felt it was necessary to arbitrarily label them as ‘machine guns’.

• ATF Now Labels FRT-15 A Machine Gun, Turning Law-Abiding Citizens Into Criminals
• Rare Breed Triggers Fires Back At ATF, Says “Will Not Comply” ​​​​
• Rare Breed Triggers Responds To Alleged Leaked ATF Memo To Seize FRT-15s From Dealers
• ATF Declares Some FRT-15 Triggers “Prohibited Machineguns”
• Rare Breed Triggers Cancels Customers’ Orders After “ATF Raided Vendor”

Even to the extent that ATF agents were showing up at the homes of RBT customers to seize the trigger. 

Remember last summer when this video went viral after ATF agents tried to conduct an inventory audit of a man who legally bought firearms?

ATF agents and a #Delaware state officer showed up to a man’s house without a warrant demanding to see his #firearms. #2A pic.twitter.com/DKuRd8UtKt

— Sarah Fields (@SarahisCensored) July 20, 2022

NAGR’s donation page for funding the lawsuit said, “At the request of Rare Breed Triggers, your donation will initially go towards counting you as an NAGR and NFGR member if we get an injunction against this Trigger Ban.”

They added: “We’re helping to defend our friends at Rare Breed Triggers with a lawsuit against the ATF to protect our members and supporters who own FRTs from the ATF’s reign of terror.”

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(TLB) published this article from ZeroHedge as compiled and written by Tyler Durden

Header featured image (edited) credit: Rare Breed Trigger/org. ZH article

Emphasis added by (TLB)

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