A Truce or a Trap? ATF's Correspondence with Those They Seized Triggers From

Washington Gun Law President, William Kirk, discusses the most recent developments in Operation Reticent Recall. This, of course, is ATF's sudden reversal on forced reset triggers and their subsequent national scavenger hunt for those items. Today, we talk about one of our clients, B.W. who turned his trigger over to ATF and has now received a letter in which he can protest the forfeiture of the item and/or request compensation for the property taken. Sounds too good to be true? Well it very well may be. Is this really a truce, in recognition of the 5th Amendment's Takings Clause, or is this a trap, to prove ownership of these now prohibited items? We want to hear from all of you and what your opinion is, so let's all arm ourselves with education.

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Applicable Statutes:

26 U.S.C. Sec. 5872. https://www.law.cornell.edu/uscode/text/26/5872

26 U.S.C. Sec. 5845. https://www.law.cornell.edu/uscode/text/26/5845
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Applicable Legal Authorities:

5th Amendment, United States Constitution. https://constitution.congress.gov/constitution/amendment-5/#:~:text=No%20person%20shall%20be%20held,the%20same%20offence%20to%20be

The 5th Amendment, Cornell Law School Legal Institute. https://www.law.cornell.edu/constitution/fifth_amendment

McHutchen v. United States. https://www.scotusblog.com/case-files/cases/mccutchen-v-united-states/
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Other Resources:

ATF's Open Letter to FFLs in re: Forced Reset Triggers. https://www.atf.gov/firearms/docs/open-letter/all-ffls-mar-2022-open-letter-forced-reset-triggers-frts/download

Congressional Letter to ATF in re: Hellfire Trigger System. https://castro.house.gov/imo/media/doc/Letter%20to%20ATF%20From%20MOC%207.15.22.pdf

The Bump Stock Case that the ATF Should Be Worried About. https://youtu.be/xOhre-1Plv8

How the Hellfire Trigger System Got on ATF's Most Wanted List. https://youtu.be/oK0_4S6eroU

Check Out our Bullet Point Series. https://www.youtube.com/playlist?list=PLTYlAL5t-3aPwsSwmze-Dw_ev5b7PgNpe
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