Thursday, February 6, 2025

Leak Shows ATF Continues to Disregard Court Orders on FRTs

The ATF is still informing law enforcement agencies that FRTs are machineguns.
The ATF is still informing law enforcement agencies that FRTs are machineguns.

In a recent Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) leak released by AmmoLand News and Gun Owners of America (GOA), the government agency shared its fears about 3D-printed machinegun conversion devices (MCD), but not everything the ATF listed is an MCD.

The ATF included the Super Safe AK in its documents, claiming it was in a drop-in auto-sear (DIAS). The issue with that designation is that the Super Safety is not a machinegun or an MCD. It is a forced reset trigger (FRT), and the Bureau might be violating a court order by designating the device as a machinegun in its January 15, 2025, documentation.

Each time a shooter uses the AK Super Safe, they must pull the trigger. The statute definition of a machinegun is a firearm that expels more than one round per function of the trigger. For each function of the trigger, the Super Safety only expels a single round. It does not fit the definition of a machinegun as defined under the National Firearms Act of 1934 (NFA). The Supreme Court has already ruled that the ATF cannot change the statutory definition of a machinegun in the Cargill case.

The Cargill case involved a bump stock. SCOTUS found that since a shooter must pull the trigger between each round, a bump stock is not a machinegun. The Cargill case has been referenced in NAGR v. Garland, which challenged the ATF’s definition of FRTs as machineguns. In that case, the judge found that only one round is expelled per trigger function. The judge issued an injunction against the ATF from taking enforcement actions against the owners and manufacturers of FRTs. Yet, the ATF is still informing law enforcement agencies that FRTs are machineguns.

The ATF also refers to the AK Super Safe as the AK-DIAS. The AK-DIAS is not the same as the AK Super Safe. The AK-DIAS is a separate project and is a machinegun conversion device. It does convert a semi-automatic AK into a fully automatic firearm. The AK Super Safe engages the safety between every round making it impossible to fire automatically. It appears that the ATF is trying to conflate the two different devices which could lead to confusion amongst law enforcement, and the false arrest of Americans for possessing something that is completely legal.

This situation isn’t the first time the ATF rebelled against the courts or the White House. The ATF was criticized for disregarding an executive order demanding that diversity, equity, and inclusion (DEI) positions be eliminated. The order explicitly stated that those employees should be placed on administrative leave, and agencies should not try to hide them. The ATF did the opposite of the order. Lisa T. Boykin was the ATF’s “Chief Diversity Officer” responsible for implementing DEI at the Bureau. After President Trump issued the order, her title was changed to “Senior Executive.”

The ATF also recently came under fire for disregarding multiple court orders blocking the pistol brace rule. In that case, the ATF told a Gun Owners of America (GOA) member that their CZ Scorpion equipped with a brace would have to be registered with the NFA division of the ATF and pay a $200 stamp fee, or they could be charged with a federal felony. The ATF said that even though the rule was blocked, they could interpret the statute however they wanted. GOA forced the issue, and the ATF finally issued a retraction.

The situation is similar in this case. Even though the courts have barred the ATF from taking action against FRTs by a permanent injunction, they seem to be doing just that. Many view the Bureau as an out-of-control rogue government agency that ignores the law and does what it wants to do. This situation doesn’t instill confidence in those running the ATF, including the default head of the Bureau, Marvin Richardson.

Some have campaigned for Richardson to become the permanent head of the ATF, but this situation is the third time in a month that the ATF has disregarded a Presidential or court order. It leads many to wonder if Richardson is complacent or incompetent.

ATF Leak Shows Concern for 3D Machinegun Conversion Devices


About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.

John Crump



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