Judge Reed O’Connor of the Northern District of Texas has once again denied the ATFs arguments that FRTs are machineguns, this time denying the agency’s request for a stay of his summary judgment. You can read the order here.
This marks the sixth time the ATF has been denied on FRTs, though Judge O’Connor did extend the deadline for the ATF to return the triggers they have seized to February 22, 2025.
However, O’Connor stated:
“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. ATF shall return those as soon as is practicable following the specific request.”
As such, any members of NAGR or our affiliated groups that have had their FRT-15 or WOT devices stolen by the ATF should speak with an attorney about how to have your property returned.
The ATF has already appealed this case to the 5th Circuit, and we expect the agency to beg them for a stay as well. If that fails, they may go begging to the Supreme Court.
We will continue to fight the ATF at every step to protect our district court victory and put an end to the agency’s gross overreach on FRTs.
Much like the recent SCOTUS decision on bump stocks, this case is about the ATF exceeding their authority and creating law. It has become clear that the agency will not back down quietly, instead they will dig their heels in and claw at any shred of unlawful power they can hold on to.
Your National Foundation for Gun Rights looks forward to continuing to kick the ATF while they are down.
As always stay tuned to this lawsuit as changes could happen rapidly.
