After all of the litigation, our settlement with the US government, and what has been, frankly, a lot of misleading and uninformed coverage in the press and on the web, it is not surprising that some people have had questions about the current legal status of our FRT products. Here is a plain English explanation of where things currently stand.
There are two levels of government that potentially regulate our products—Federal and State. Let’s take them in turn.
First, the bottom line is that our products are legal under federal law—after several years of expensive, hard-fought litigation with the United States, we and our friends at the National Association for Gun Rights and Texas Gun Rights won a clear victory. U.S. District Judge Reed O’Connor in the Northern District of Texas issued a final judgment on July 23, 2024, holding that FRTs are not “machineguns” under federal law. And, earlier this year, as a result of our settlement with the United States, the United States dropped its appeal of Judge O’Connor’s ruling, making it final, non-appealable, and binding.
FEDERAL LAW
JUDGE O’CONNOR’S OPINION
Anyone who wants to can access a copy of Judge O’Connor’s lengthy opinion here. It is also published in the Federal Reporter as National Association for Gun Rights, Inc. v. Garland, 741 F. Supp. 3d 568 (N.D. Tex. 2024).
Here are the highlights. Judge O’Connor did three major things:
First, he VACATED ATF’s classification of FRTs as “machineguns” under Federal law.
“the Court VACATES Defendants’ unlawful classification of FRTs as ‘machineguns.’ Such a classification is contrary to law and was done in a manner beyond the scope of its legitimate statutory authority to promulgate it in the first place. Vacatur of the ATF’s unlawful action—classification of FRTs as machineguns—achieves the same effect here as a nationwide injunction. At its core, vacatur is inherently universal in character like a nationwide injunction.”
Second, he gave us a DECLARATORY JUDGMENT that FRTs are not “machineguns” under Federal law.
“Plaintiffs successfully established that the ATF’s classification of FRTs as machineguns is unlawful agency action. As a result, the Court finds that Plaintiffs are entitled to a declaration delineating the rights and legal relations among themselves and Defendants. Although the Court vacated the ATF’s classification, a declaration is forward-looking in nature and provides prospective relief. Finding it necessary in this case to also award forward-looking declaratory relief, the Court DECLARES unlawful the ATF’s determination that FRTs are ‘machineguns.’”
Finally, he entered an INJUNCTION preventing the Federal government from treating FRTs as “machineguns.”
“Thus, the Court ENJOINS Defendants from the following actions against any person or entity:
- (a) Initiating or pursuing criminal prosecutions for possession of FRTs;
- (b) Initiating or pursuing civil proceedings for possessing, selling, or manufacturing FRTs based on the claim that FRTs are machineguns;
- (c) Initiating or pursuing criminal prosecutions for representing to the public of potential buyers and sellers that FRTs are not machineguns;
- (d) Initiating or pursuing civil actions for representing to the public of potential buyers and sellers that FRTs are not machineguns;
- (e) Sending “Notice Letters” or other similar communications stating that FRTs are machineguns;
- (f) Requesting “voluntarily” surrender of FRTs to the government based on the claim that FRTs are machineguns;
- (g) Destroying any previously surrendered or seized FRTs; and
- (h) Otherwise interfering in the possession, sale, manufacture, transfer, or exchange of FRTs based on the claim that FRTs are machineguns.”
One important note, Judge O’Connor’s order doesn’t protect something just because someone calls it an FRT. Its mechanical operation has to meet certain criteria to qualify. All RBT FRTs do.
OUR SETTLEMENT WITH THE UNITED STATES
On May 13, 2025, we settled all of our pending litigation with the United States. You can get a copy of the settlement agreement here. Here are the two key points relating to the legality of FRTs under federal law:
First, the United States agreed to dismiss its appeal of Judge O’Connor’s judgment, which made it final, non-appealable, and binding.
“Within seven days of execution of this agreement, the United States will dismiss their pending appeal in NAGR v. Bondi, 23-cv-830-O (N.D. Tex.), on appeal 24-10707 (5th Cir.) under Federal Rule of Appellate Procedure 42(b)(2).”
Second, the United States agreed not to claim that FRTs are “machineguns” under Federal law.
“The United States agrees not to enforce 18 U.S.C. § 922(o) and the requirements of the National Firearms Act, Gun Control Act of 1968 as amended by the Hughes Amendment to the 1986 Firearm Owners Protection Act, or any similar statute or agency interpretation of 26 U.S.C. § 5845(b) under which an FRT is contended to be a ‘machinegun’ or otherwise unlawful against any person or organization for possessing or transferring FRTs under the following two conditions:
- a. The FRTs have the mode of operation described in the District Court’s opinion in NAGR v. Garland, 741 F. Supp. 3d 568, 580 (N.D. Tex. 2024), as follows: (1) the FRT is forcibly reset to its forward reset state after each round fired; (2) the FRT is locked mechanically in its reset state preventing the trigger from moving until the firearm is safe to fire; (3) the hammer must be released from its sear surface for every round fired; (4) the trigger in an FRT-equipped firearm must reset after every round fired; and (5) preventing the reset will cause the weapon to malfunction.
- b. The FRTs are not designed for use in and used in handguns as defined above.”
So, the bottom line is that the FRTs we sell are legal under Federal law.
STATE LAW
The picture is different under state law. A minority of states have passed laws making possession of FRTs illegal in those states. We don’t ship our products into any state where we understand FRTs to be illegal. If you place an order asking us to ship into one of those states we will cancel the order and refund your money. Of course, while we try to keep up with legal developments relevant to our products and adjust our policies and practices accordingly, we’re not lawyers and it’s ultimately your responsibility to know the law in your home state. That’s part of being a responsible gun owner.
As always, Rare Breed Triggers encourages the safe and responsible use of our products.