Photo Courtesy of U.S. Attorney’s Office for the Eastern District of NY
The devices, called FRT-15s, are specifically designed and intended to be used to convert AR-15 type rifles into machineguns and are therefore themselves “machine guns” under federal law.
By Forum Staff
On Jan. 19, 2023, the United States filed a civil complaint in federal court in Brooklyn against two firearm companies, and two individuals associated with these companies (collectively, “Defendants”), alleging that Defendants have conspired to defraud the United States and consumers, and have engaged in the ongoing commission of mail fraud and wire fraud, by unlawfully selling machine gun conversion devices, the U.S. Department of Justice announced Thursday.
The devices, called FRT-15s, are specifically designed and intended to be used to convert AR-15 type rifles into machineguns and are therefore themselves “machine guns” under federal law. With limited exceptions not applicable to Defendants’ conduct, the manufacture, sale and possession of machine guns is illegal under the National Firearms Act and the Gun Control Act of 1968. The Government’s complaint seeks injunctive relief under the Anti-Fraud Injunction Act. The United States also sought a temporary order immediately halting any sales of the FRT-15 or any forced reset trigger until and unless otherwise ordered by the Court. On Jan. 25, United States District Judge Nina R. Morrison entered a temporary restraining order against Defendants.
Defendants are Rare Breed Triggers, LLC and Rare Breed Firearms, LLC (collectively, “RBT”) and their owner/operators Lawrence DeMonico, also known as “Larry R. Lee, Jr.” and Kevin Maxwell. As alleged in the complaint, Defendants have unlawfully sold thousands of FRT-15s to the general public. In the process, Defendants have sought to obstruct ATF’s mandate to enforce laws prohibiting the sale of machine guns and ensure public safety. Defendants have also allegedly misled consumers about the legality of FRT-15s.
As set forth in the temporary restraining order (“TRO”), among other things, the Court found that “[t]here is probable cause to believe that Defendants’ fraudulent conduct is ongoing and imminent,” that “Defendants failed to register FRT-15s for the purpose of concealing from ATF the sale and transfer of these items,” and that the TRO is necessary to prevent “a continuing and substantial injury to the United States, as well as to past and future purchasers of FRT-15s who have been or may be misled into believing that their possession of FRT-15s is lawful when it is not.”
“The defendants are illegally selling machine guns, plain and simple, with conversion devices that transform AR-15 type rifles into even more lethal weapons suited for battlefields, not our communities,” said Brooklyn U.S. Attorney Breon Peace. “We will continue to work with our law enforcement partners to stop the flow of illegal and deadly weapons onto our streets. The United States will be relentless in employing every means available, including all civil tools, to end violence in New York and across the nation.”
“Decades ago, Congress determined that machine guns are illegal, yet, despite repeated warnings, the defendants in this case are alleged to be flouting the law. Machine guns are unlawful because they pose a threat to the public and they are increasingly a risk to law enforcement. Ensuring that individuals and companies comply with the prohibition on selling machine guns is just one of many steps ATF is taking to address violent crime and protect our communities,” added Bureau of Alcohol, Tobacco, Firearms and Explosives Director Steven Dettelbach.
