Forced Reset Trigger Motion for Preliminary Injunction GRANTED

[hostak126]

Filed Oct 7, 2023

Preliminary Injunction Granted

This lawsuit is about the Forced Reset Trigger's ATF defined as a "Machine Gun".

https://www.courtlistener.com/docket/67679751/53/national-association-for-gun-rights-inc-v-garland/

pages 44-45

VI. CONCLUSION
For the foregoing reasons, the Court GRANTS Plaintiffs’ Motion for Preliminary
Injunction (ECF No. 22) to preserve the status quo until a final decision on the merits is
rendered. The Court ORDERS that Defendants—along with their respective officers, agents,
servants, and employees—are hereby ENJOINED from implementing or enforcing against the
parties in this lawsuit, in any civil or criminal manner described below, the ATF’s expanded
definition of “machinegun” that this Court has determined is likely unlawful:
(1) Initiating or pursuing criminal prosecutions for possession of FRTs;
(2) Initiating or pursuing civil proceedings for possessing, selling, or
manufacturing FRTs based on the claim that FRTs are machineguns;
(3) Initiating or pursuing criminal prosecutions for representing to the public of
potential buyers and sellers that FRTs are not machineguns;
(4) Initiating or pursuing civil actions for representing to the public of potential
buyers and sellers that FRTs are not machineguns;
(5) Sending “Notice Letters” or other similar communications stating that FRTs
are machineguns;
(6) Requesting “voluntarily” surrender of FRTs to the government based on the
claim that FRTs are machineguns;
(7) Destroying any previously surrendered or seized FRTs; and
(8) Otherwise interfering in the possession, sale, manufacture, transfer, or
exchange of FRTs based on the claim that FRTs are machineguns.

This injunction covers the Individual Plaintiffs and their families, the Organizational
Plaintiffs and their members, and the downstream customers of any commercial member of an
Organizational Plaintiff. Furthermore, this injunctive relief shall not extend to any individual
prohibited from possessing firearms under 18 U.S.C. § 922(g). For those parties covered by this
injunction, the relief shall take effect immediately and remain in effect pending the final
disposition of this lawsuit. See 5 U.S.C. § 705. Finally, the Court waives the security requirement
of Federal Rule of Civil Procedure 65(c).96 See Kaepa, Inc. v. Achilles Corp., 76 F.3d 624, 628
(5th Cir. 1996) (holding that the district court has discretion to waive the security requirement).
SO ORDERED this 7th day of October, 2023.

Judge Reed O'Connor

[Kayak Ken]

www.thetruthaboutguns.com/district-judge-issues-injunction-blocking-atf-enforcement-of-forced-reset-triggers-as-machine-guns/amp/