What You Need To Know About A Top Montana Official Pushing Back On ATF Rule
A coalition of 28 states, including Montana, opposes a rule proposed by the Bureau of Alcohol, Tobacco, and Firearms (ATF).
This rule aims to classify forced reset triggers (FRTs) as machine guns and redefine them under the Gun Control Act of 1968 (GCA).
The Coalition of 28 states sees this rule revision as an overreach by the ATF and aims to stop it.
What Are Forced Reset Triggers?
FRTs are a firearm component that forcefully reset the trigger of a firearm after every shot.
This ultimately allows for quicker follow-up shots with the weapon.
A shooter must still pull the trigger each time to fire the weapon.
Defending the Second Amendment
The amicus brief, filed in the Fifth Circuit Court of Appeals, supports the National Association for Gun Rights in seeking to overturn the ATF’s decision.
The coalition argues that FRTs do not meet the GCA’s definition of a machine gun, which refers to devices that fire “more than one shot…by a single function of the trigger.”
ATF Overreach
Attorney General Knudsen’s brief criticizes the ATF for repeatedly exceeding its statutory authority, noting:
“Time and again, ATF has ventured off into the regulatory wilderness, abandoning the only statutes that give it life in the first instance.”
ATF’s History of Controversial Rulemaking
- Stabilizing Braces: The ATF attempted to regulate stabilizing braces, proposing a rule that would have required millions of gun owners to register their lawfully owned braces or face criminal charges. Courts struck down this rule after lawsuits.
- Weapons Parts Kits: The agency tried to include “weapons parts kits” in the definition of firearms, a move that was deemed unlawful.
- Bump Stocks: A similar attempt to ban bump stocks resulted in legal pushback and rulings against the ATF’s expansive interpretation of its powers.
Who Has the Authority to Change Gun Policy?
The attorneys general argue that crafting firearms policy is a job for Congress, not regulatory agencies like the ATF or the courts.
“Regulating FRTs, like sports gambling and many other controversial subjects, requires important policy choices reserved for Congress, not courts or agencies,” Knudsen stated.
The Fifth Circuit Court of Appeals will decide whether to uphold the lower court’s ruling against the ATF’s classification of FRTs.
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