Forced Reset Triggers in Virginia
Lobby Day 2026
VCDL
Forced Reset Triggers in Virginia
More information on Forced Reset Triggers in Virginia
In the last VCDL Update on 6/2/25, attorney John Pierce shared an article he wrote on Forced Reset Triggers (FRTs). That article has just been updated, and this is an important follow up to that article.
First, I will say this: it is a key principle for our attorneys and VCDL leadership that we err on the side of caution when it comes to advising our members on legal matters. The last thing in the world that we want is for any of our members to be arrested and charged with a felony for not knowing, or misunderstanding, a gun law.
In the case of the FRT triggers, John Pierce’s article is cautionary, and his update clarifies that caution further.
To be clear, VCDL and attorneys John Pierce and Gilbert Ambler do NOT believe that the law makes FRTs illegal, but because the law is so poorly written, that doesn’t mean you couldn’t be arrested, charged, prosecuted, and possibly even convicted for having committed a Class 6 felony. The law is both vague and it inadequately describes the complex mechanical processes that it is attempting to regulate.
The gun-controllers in the Virginia General Assembly don’t understand firearms, so when they try to pass a law dealing with important details on how a firearm works, it creates a mess. That is the case with this code section:
§ 18.2-308.5:1. Manufacture, importation, sale, possession, transfer, or transportation of auto sears and trigger activators prohibited; penalty.
A. As used in this section:
"Auto sear" means a device, other than a trigger activator, designed for use in converting a semi-automatic firearm to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.
"Trigger activator" means 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.
B. It is 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.
C. A violation of this section is punishable as a Class 6 felony.
D. Nothing in this section shall be construed to prohibit a person from manufacturing, importing, selling, offering for sale, possessing, receiving, transferring, or transporting any item for which such person is in compliance with the National Firearms Act (26 U.S.C. § 5801 et seq.).
An argument your defense could make is that the AR-15’s bolt carrier is moved to the rear by redirected gas-pressure created by the firing of a cartridge and not by “recoil energy” (a term that is not defined anywhere). The bolt carrier is then returned to its normal position by a buffer spring, at which time the trigger is automatically reset by the FRT mechanism so it can be pulled backward again to fire the next shot. Would a judge and jury necessarily understand any of that? And would they understand and believe that FRTs are not using even the tiniest amount of “recoil energy” to function?
Some believe that part “D.” is what would make FRTs exempt from this law because FRTs are not covered by the NFA and would, therefore, be compliant with the NFA. But a prosecutor could argue that for part “D.” to apply, that item must first be subject to the NFA and, second, the NFA would have to say that the item is legal when in proper compliance with the NFA.
If I were in court with a Class 6 felony hanging over my head, I’d hate to have to depend on part “D.” to save me.
Having some Virginia case law where courts have determined that FRTs are not prohibited by 18.2-308.5:1 would work, but there is no such case law yet. The best way to fix this situation is to repeal that code section altogether. The latter would require that gun owners come together and vote to keep gun-controllers out of power.
To summarize: what you do as far as owning and using FRTs is completely up to you. We believe they are legal, but we want to make sure you understand the potential, serious risks in owning and using them with 18.2-308.5:1 on the books. For example, if Abigail Spanberger becomes Virginia’s next governor, she could decide to have the Virginia State Police actively enforcing that vague, poorly written law against FRT owners. She has said that she would sign a bill banning AR-15s, so I wouldn’t put it past her at all.