Friend,
The ATF's recent letter to FFLs regarding "forced reset triggers" (FRTs) mentioned "binary triggers" in their atextual discussion of what devices are
classified as "machineguns" under the statutes. Following that, our March 25 message erroneously stated that "some binary triggers ... will now be
regulated under the GCA and NFA. However, true "Binary®" triggers from Franklin Armory have not been held to be "machineguns" by the ATF under federal law. (See also this March 24 statement from Franklin Armory.)
"The ATF's recent open letter wrongfully included non-machinegun Binary® triggers in its discussion of forced reset triggers. While a careful read of the
ATF's letter also vindicated Binary® triggers, the ATF's actions here created unnecessary confusion in the marketplace," said Franklin Armory Founder and President, Jay Jacobson.
Firearms and civil rights attorney Joshua Prince has further discussion of the issue and some suggestions in his recent blog post here.
As we said in our January 27, 2022 statement on this subject here, FPC has and will continue to fight to defend and advance the People's individual rights, liberty, and private property. If you would like FPC Law to consider your issue for potential legal action, call the FPC 2A Hotline at (855) 252-4510 or visit 2Ahotline.com to report the details of the law enforcement encounter, detention, arrest, and/or seizure.
NEVER TALK WITH ANY LAW ENFORCEMENT OFFICER UNLESS ADVISED TO DO SO BY YOUR LAWYER!
- DO: Politely tell them that you want to speak with or through a lawyer, then stop talking and engage a lawyer.
- If you are detained or arrested, then seek legal advice immediately. You may wish to inform close family and friends how to contact your lawyer to notify them that you have been detained or arrested.
- DO NOT: Speak with anyone (including family members) until your lawyer speaks with and advises you.
- DO NOT: Open doors unless the officers have a warrant. (If they have a warrant then they will use force to gain entry.)
- DO NOT: Leave your home/property or go outside. (They will likely detain you and prevent you from re-entry until they are done and leave.)
- DO NOT: Consent to any search.
IF YOU CHOOSE OR ARE FORCED TO PROVIDE PROPERTY TO THE ATF:
- IF YOU CAN: Have legal counsel represent you and engage with federal agents and the ATF on your behalf.
- DO NOT: Volunteer any information or speak with any agent other than to advise them that your property is being provided to them under protest.
- DO: Attempt to photograph items being surrendered under protest to document the condition of the items at the time of surrender.
- DO: Ensure that you receive a completed property receipt on ATF Form 3400.23 (Receipt of Property and Other Items).
- DO: After signing, request a copy and/or photograph the signed copy for your records. ONLY sign ATF Form 3400.23.
- DO NOT: Sign ATF Form 3400.1 (Consent to Forfeiture or Destruction of Property and Waiver of Notice)!
- Should you sign Form 3400.1, you voluntarily surrender and relinquish all rights, title, and interest in, and all claims to the property listed on the form!
- DO: Separately document your experience of the encounter in writing.
- Note the location, date, and time of your interaction with the ATF agent(s), the names or other identifying information (ID/badge number, contact number, business card, etc.) of all ATF agents or persons you spoke with, the details of all discussions, and any other information they told or provided you.
THE ABOVE IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. SEEK SPECIFIC LEGAL ADVICE FROM YOUR LAWYER.
| Paid for by the Firearms Policy Coalition. Not Authorized By Any Candidate Or Candidate's Committee. |
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