Federal District Court Lawsuit finds Trigger Ban “Likely Unlawful” and Grants Preliminary Injunction to NAGR

Oct 9, 2023

Washington, D.C.- The National Association for Gun Rights scored a victory for gun rights when Judge Reed O’Connor, federal district court judge in the Northern District of Texas, granted a preliminary injunction Saturday in NAGR’s lawsuit challenging the ATF’s expansion of the statutory definition of “machinegun.”

The court’s injunction determined that “the ATF’s expanded definition of ‘machinegun’” is “likely unlawful.”

“This is our second victory in less than a week for the Second Amendment and a blow against the ATF’s unconstitutional legislating by bureaucratic rulemaking,” said Hannah Hill, Executive Director of the National Foundation for Gun Rights (legal arm of the National Association for Gun Rights.)

The National Association for Gun Rights filed the lawsuit in August against the ATF, National Association for Gun Rights v. Garland, in federal court in the Northern District of Texas, “seeking declaratory and injunctive relief to end Defendants’ arbitrary, capricious, and otherwise unlawful efforts to misclassify Forced Reset Triggers as ‘machineguns’ under the National Firearms Act of 1934.” This action was filed in the same appellate circuit that ruled earlier this year that bump stocks are not machine guns in Cargill v. Garland. The district court also granted a preliminary injunction last week in the group’s lawsuit challenging the ATF’s pistol brace rule.

The injunction only covers the parties in this lawsuit (including National Association for Gun Rights members) and stops the ATF from:

      (1) Initiating or pursuing criminal prosecutions for possession of FRTs;
      (2) Initiating or pursuing civil proceedings for possessing, selling, or manufacturing FRTs based on the claim that FRTs are machineguns;
      (3) Initiating or pursuing criminal prosecutions for representing to the public of potential buyers and sellers that FRTs are not machineguns; 
      (4) Initiating or pursuing civil actions for representing to the public of potential buyers and sellers that FRTs are not machineguns;
      (5) Sending “Notice Letters” or other similar communications stating that FRTs are machineguns;
      (6) Requesting “voluntarily” surrender of FRTs to the government based on the claim that FRTs are machineguns;
      (7) Destroying any previously surrendered or seized FRTs; and
      (8) Otherwise interfering in the possession, sale, manufacture, transfer, or exchange of FRTs based on the claim that FRTs are machineguns.

“The courts continue to push back against the ATF’s regulatory overreach,” said Dudley Brown, president of the National Association for Gun Rights. “The first goal of the Texas lawsuit is accomplished – to protect NAGR’s members and supporters who own FRTs from an out-of-control ATF. The end goal is to win the case and bring a permanent end to the ATF’s FRT trigger ban.”

A copy of the injunction may be found here: http://nationalgunrights.org/wp-content/uploads/2023/10/gov.uscourts.txnd_.380076.53.0.pdf

         The National Association for Gun Rights is the nation’s largest “no compromise” pro-gun organization, with 4.5 million members nationwide.
###

Trending | Now

Rep. Bob Good Introduces SHUSH Act

Rep. Bob Good Introduces SHUSH Act

Washington D.C. – Representative Bob Good (R-VA-5) introduced a bill this week to remove suppressors, or “silencers,” from federal regulation. The Silencers Helping Us Save Hearing Act (the SHUSH Act) deregulates suppressors by completely removing them from all...

South Carolina Becomes 29th Constitutional Carry State

South Carolina Becomes 29th Constitutional Carry State

Columbia, SC – After over a decade of debate, Constitutional Carry House Bill 3594 was signed into law this afternoon. South Carolina joins 28 other states in passing this bill deemed a “big win” by gun owners and many Second Amendment organizations such as the...

Constitutional Carry Advances to Governor’s Desk

Constitutional Carry Advances to Governor’s Desk

Columbia, SC – House Bill 3594 has just been passed by the South Carolina Senate by a margin of 28 to 18. It now heads to the Governor’s desk where upon his signing, will make South Carolina the 29th Constitutional Carry state, the last Republican held state to do...

Constitutional Carry Advances Out of Conference Committee

Constitutional Carry Advances Out of Conference Committee

Columbia, SC – House Bill 3594 has passed out of the Conference Committee. The committee report was subsequently adopted by the House of Representatives. Once the Senate adopts the report, HB 3594 will go to Governor McMaster to be signed into law.“Gun...

Biden Administration creating White House Gun Control Office  

Biden Administration creating White House Gun Control Office  

Washington, D.C.- Multiple media outlets are reporting that the Biden Administration will be announcing the formation of an office of gun violence prevention on Friday of this week.Reports are that the office will be staffed with gun control activists from groups such...

Obama-appointed Judges Rule in Favor of Rocky Mountain Gun Owners

Obama-appointed Judges Rule in Favor of Rocky Mountain Gun Owners

Gun control extremists get a reality check as the Tenth Circuit DENIES Governor Polis’ motion to reverse RMGO’s recent preliminary injunction halting SB23 -169 from becoming the law of the land in Colorado. DENVER, CO – Yesterday, Governor Polis and his anti-gun...

National Association for Gun Rights Files Lawsuit against the ATF

National Association for Gun Rights Files Lawsuit against the ATF

Washington, D.C.- Today the National Association for Gun Rights filed a lawsuit against the ATF, National Association for Gun Rights v. Garland, in federal court in the Northern District of Texas. This action was filed in the same appellate circuit that ruled earlier...

Donate Now

Trending | NAGR Social Media