February 04, 2022
By Mark Chesnut
An alleged move by the Bureau of Alcohol, Firearms, Tobacco and Explosives (ATF) to locate and confiscate fast-reset triggers made by Rare Breed and Wide Open because they consider them to be “machine guns” has one pro-Second Amendment organization issuing a warning.
We’ve reported on the situation with the Rare Breed trigger in the past, and the cease-and-desist order issued last August led to a lawsuit in Florida. But the situation appears to be heating up, with the Firearms Policy Coalition (FPC) warning of an apparent ATF email detailing forfeiture and surrender of such triggers.
“There was an ATF letter circulating, which I haven’t been able to determine the veracity of, but essentially it was an internal email that was leaked suggesting that anybody who manufactured, distributed or sold these [triggers] would be greeted by ATF requesting that they either willingly surrender them or, alternatively, they be confiscated for forfeiture,” Adam Kraut, VPC vice president of programs, said in an exclusive interview with Firearms News . “Having seen that, we decided that we would make a statement on it, essentially that we’re monitoring the situation. We don’t know whether or not this is actually going to happen, but if it does, here’s some information for you to consider in the event that you have contact with ATF.”
Top among the suggestions FPC made to those who might be contacted by ATF in regard to this issue is to never talk to any law enforcement officer unless advised to do so by your attorney.
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“Politely tell them that you want to speak with or through a lawyer, then stop talking and engage a lawyer,” the FPC statement advises. “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.”
The statement also advises several “Don’ts” for anyone contacted.
“Do not speak with anyone (including family members) until your lawyer speaks with and advises you,” FPC advises. “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.”
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More FPC guidelines on things to do and not to do if forced to give up property to the ATF or other law enforcement officers can be found here .
According to Kraut, this is not the first time his organization has provided such information to the public when new ATF actions are taken.
“This is the same information that we had published when the bump stock final rule came out and the options were either to destroy it or surrender it,” Kraut said. “It was also the same information that we had published when we had heard that ATF might be going around to confiscate so-called 80-percent build kits.”
Kraut said that as of the first of February, he has no knowledge of anyone contacting FPS directly to report that the ATF had come and taken their triggers.
“That’s not to say they haven’t done it, but nobody has contacted us directly,” he said.
Kraut also said that he encourages anyone affected by this action to contact his organization for help with the matter.
“If there are individuals out there who have had these triggers confiscated by ATF as a result of this, we would be interested in talking to them to learn more about their particular situation,” he said. “They can reach out to us at 2ahotline.com . They can go there and input the information about their particular situation, and one of our attorneys will get in touch with them to learn more.”
Freelance writer and editor Mark Chesnut is the owner/editorial director at Red Setter Communications LLC. An avid hunter, shooter and political observer, he has been covering Second Amendment issues and politics on a near-daily basis for more than 20 years.
