Big Daddy Enterprises did NOT affirm that the FRT-15 was a machine gun. Big Daddy Enterprises considers each hammer-forced-reset trigger in question to be a semi-automatic trigger designed to expel one cartridge with each pull of the trigger.
The brief in question serves to present definitions provided by the ATF in reference to the Rare Breed FRT-15. Nowhere and under no circumstance has Big Daddy Enterprises or any other defendant claimed that they were in agreement with this assessment, but it stands as the precedent that is crucial to this case.
The ATF definition provided the structure that created a differentiating point for understanding how a “disconnector” would be crucial to the interpretation of any forced reset trigger (FRT) device. Outside of the first page of the document, “machine gun” and “automatic fire” are not mentioned at all as those terms are not crucial to the understanding and interpretation of the brief.
Any insinuation that we believe FRTs to be machine guns would not only be incorrect, but if we held this opinion we would be self-incriminating as defendants. There is current and ongoing litigation with the ATF where under the Chevron deference doctrine, we proclaim that the Wide Open Trigger and the Graves Alamo-15 are not machine guns. To that end, we are contesting the ATF forfeiture of our triggers based on the fact that they are NOT machine guns.
However, what is crucial is the application of “disconnectors”, “locking bars”, the definition of the “trigger member”, and physical points of “contact”.
The nuance of the case pertains to the idea of legality solely because patent disputes cannot apply to illegal goods. While this is a claim we vehemently dispute, the ATF has stated and enforced this principle. Considering this, the lawsuit is precluded from being considered.
Additionally, it has been wrongly asserted, time and time again, that Big Daddy Unlimited is housing customer records and would release them to the ATF. To be clear, We have not, and would never, produce information to anyone, including the ATF, without full legal process and a fight because no government agency should ever receive the information they are not entitled to.
Big Daddy Unlimited holds one of its tenants to be “People First”. As a promise to all of our customers and members, you are our first priority. All of our efforts and business practices are centered around ensuring the best experience for all parties with which we conduct business.
At this time, Big Daddy Enterprises is unable to make any further comment due to ongoing litigation with Rare Breed Firearms and the ATF. Moreover, we request parties consider the effects that their comments have and reflect on the basis they had for making them. BDU is a real company that employs real people. Comments designed to harm our business and employees should be solidly grounded. Instead, it seems people with no background in the law, understanding of patents, or even a complete knowledge of the case are all too often the ones recklessly opening on the legal effects of statements made, in this case, in a patent claim construction brief.
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