In an agreement between the government and Rare Breed Triggers, announced Friday May 16th, 2025, the Department of Justice agreed that the Bureau of Alcohol, Tobacco, Firearms and Explosives overstepped its authority in reclassifying forced reset triggers (FRTs) as machine guns and will return any such items seized or surrendered to them.
While this is great news for gun owners at the federal level, it doesn’t solve the issue for those in Virginia. In fact, it potentially sets a legal trap for the unwary.
In the 2020 session, the General Assembly added section 18.2-308.5:1 to the Code of Virginia, which made it unlawful for any person to ‘manufacture, import, sell, offer for sale, possess, transfer, or transport an auto sear or a trigger activator in the Commonwealth.‘
In this code section, “trigger activator” is defined as “a device designed to allow a semi-automatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of any semi-automatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.” This definition was specifically designed to encompass forced reset triggers and other devices that operate in a similar manner.
And while those who own registered pre-ban auto sears are protected by a clause in the new law that exempts those items owned in compliance with the National Firearms Act, this protection does not extend to the otherwise lawful ownership of trigger activators since they are not regulated under the NFA, as recognized in the aforementioned settlement.
Therefore, this sets the stage for confused Virginia residents, hearing of the settlement with the DOJ, who attempt to have their seized or surrendered items returned to them, or who purchase such items from out of state vendors and bring them into the Commonwealth, being prosecuted under the new law.
And the penalty for such confusion could be severe. A violation of the new law is prosecuted as a Class 6 Felony.
If you are a Virginia resident who had your forced reset trigger seized or voluntarily surrendered a forced reset trigger to the BATFE, and they contact you about returning said item, you should seek counsel before taking any action.
If you have questions or would like assistance with the forced reset trigger issue, then feel free to contact me for a consultation.
