Hey guys, we got a big update on the force reset trigger case, which is the National Association for Gun Rights (NAGR) case in Texas. Our all-star judge in the Fifth Circuit, Judge Reed O’Connor—who has been a friend for pistol braces and so much more—struck again yesterday, smacking the ATF in the teeth, and it’s wonderful. I’m going to tell you guys all about it, but first, I want to get the sponsor out of the way.

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Guys, let’s get into what Judge Reed O’Connor just did to the ATF, because it’s good. I’m just going to show you some of the key things; I’m not going to read the whole thing to you. The judge does this little update here and says:

“First, defendants argue”—that’s the ATF and DOJ—”that because of the Supreme Court’s ruling in Garland v. Cargill, an appellate court is likely to render a different outcome than the decision reached by this court. In support, the defendants argue Cargill defines ‘trigger’ in such a way that includes FRTs. The plaintiffs, NAGR, argue that Cargill clearly demonstrates it is the physical movement of the trigger that matters, not the movement of the trigger finger or the pull of the trigger. After considering the defendant’s argument and having already considered this aspect of Cargill at summary judgment, the court agrees with the plaintiffs. Both versions of Cargill support the conclusion that ATF’s classification decision cannot stand, meaning expanding the definition of ‘machine gun’ to include FRTs. Indeed, the record in this case is clear: force reset triggers do not fire multiple rounds with a single function of the trigger and thus do not qualify as machine guns.”

Well, most of us are saying “duh,” but for those who aren’t in the know on this case, the ATF changed the definition of “machine gun” by an administrative rule. They can’t do that. The ones who set definitions—that’s Congress. Congress did not pass a law changing the definition, so the ATF, through Joe Biden’s edict, decided to try to do it through the back door. Everything they do is back door—that’s the ATF. But Judge Reed O’Connor is kicking them in the teeth, saying, “You done messed up, Aaron. You done messed up, Aaron.”

Now, what happened before we got here? This is the ATF and DOJ’s request for a stay, because a couple of weeks ago, I told you that this same judge said, “ATF, you unlawfully tried to change the definition. You’re wrong. You have to return all of the FRTs that you have seized. You have to send letters to everybody you sent a letter to, saying that you are in possession of a force reset trigger and thus you are possessing a non-transferable machine gun, and you can get 10 years in prison and a $250,000 fine for violating the GCA and NFA.” He said, “You have to give them all back. You have to send those letters out to everybody you sent a letter to, now saying, ‘We were wrong, and they’re not illegal,’ and you have 30 days to do it,” which is why we’re here.

“Unlike earlier relief awarded to the plaintiffs, the court’s final judgment ordered ATF to comply with two affirmative obligations: one, to return to all parties—including manufacturers, distributors, resellers, and individuals—all FRTs and FRT components confiscated or seized pursuant to their unlawful classification within 30 days of this decision; and two, to mail remedial notices correcting their prior mailing campaign that warned suspected FRT owners that possession of FRTs and FRT components was purportedly illegal. For the same reasons discussed above, the defendants do not carry their burden for the court to exercise judicial discretion to stay the final judgment pending appeal in this particular case. Nonetheless, defendants have identified a number of practical considerations as it relates to the timeline to comply with the affirmative obligations. First, ATF does not know the identities of the organizational plaintiffs’ claimed members, let alone which of those members is entitled to a return of their FRT devices. Additionally, plaintiffs are also unaware of some members who are eligible for the return of their FRTs. Defendants also contend that returning all FRTs covered by the order within 30 days would still not be feasible. According to defendants, the ATF would have to locate the devices among the approximately 11,884 FRT-15s and wide open triggers in its possession, which may be held at different points around the country. They would also have to determine whether the owners are otherwise prohibited persons who cannot legally own a firearm before having to contact the owners and arrange for return.”

Alright, what’s the ATF saying? Like, “Hey, we don’t even know who the members of NAGR are because they won’t give us a list.” They’re trying to get the list of members, so the court’s saying, “Okay, I see that.” Then the ATF says, “Look, we have seized 11,884 of these items, and they’re held at different locations as evidence around the country at different ATF field offices. We’d have to find out who our NAGR members are and have maybe NAGR submit a name to us, and we’d have to go find where that FRT is and then return it, and we just can’t do that in 30 days.” So the judge is saying, “Yeah, you know, that’s actually a valid point, but there’s more.”

“In sum, the ATF claims it is not able to comply with the court’s order within 30 days—in other words, by August 22nd—and these points are well taken. Pursuant to the inherent power of the federal courts to control proceedings, the court determines that an extension, not a stay, is the appropriate relief here. Such an extension is, in this case, a reasonable response to the problems and needs. Thus, with a view toward the fair administration of justice in this case and to effectively vindicate the full rights of the parties who succeeded on the merits, the court will adjust the compliance deadline.”

And here’s Judge O’Connor’s conclusion:

“For the foregoing reasons, the court denies the defendant’s motion to stay judgment pending appeal. The court grants defendants an additional six months to comply with the affirmative obligation, which shall be completed by February 22nd of 2025. This extension does not apply to the individual plaintiffs or members of the organizational plaintiffs who specifically request the return of their FRT devices and provide sufficient documentation to the ATF. The ATF shall return those as soon as is practicable following the specific request. So ordered, Judge Reed O’Connor.”

Alright, so what’s the judge saying? Like, “Yeah, alright, maybe you can’t do that in 30 days. I’ll give you six months. But your request to stay this decision, meaning allow you to go and enforce this law—oh, this rule that has the teeth of law—I’m not doing that because it’s still illegal and unconstitutional. So you have an extra six months. However, if a member of NAGR sends you a request saying, ‘I want my property back,’ you have to do it right away. You don’t get to wait six months.”

So solid. Good on NAGR for taking up the fight. Good on force reset triggers for continuing this fight, because they’ve been in this for a long time. And guys, I always say, if you want to support these groups who are suing the government, there are multiple ways of doing it. Become a member, make donations. If you want to join NAGR, there’s a link down in the description below in all my videos. Join them, donate to them. If you love this case, you love what they’re doing, support them in it.

It’s the ATF, man. We all know, we’re all on the same page, so I’m just preaching to the choir. But they suck, and I hope you have a great day because you don’t suck. And if you want to know more about this particular case, about FRTs or pistol brace rule cases as they’re going forward—because that’s coming up to a head as well—or the redefining of a frame or receiver, or the redefining of a bump stock, or anything else, then subscribe to this channel down below. It’s free. [tr:trw].

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