Franklin Armory has removed its Antithesis firearm from the market after a threat from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The National Firearms Act of 1934 (NFA) requires ATF registration and a tax stamp for rifles with a barrel length of less than 16 inches that fire a single type of projectile. The Antithesis is a firearm with a 14.5-inch rifled barrel and a stock. The Antithesis is designed to fire multiple projectiles instead of a single round. Initially, it was intended to fire .45 Long Colt (LC) and .410 shotgun shells. It was later redesigned also to fire 5.56 rounds. Since it can fire multiple types of projectiles, it is not considered to be regulated under the NFA.
In February, a court ruled that the Antithesis was not an SBR under the NFA, and the ATF overstepped its power by declaring it an NFA firearm. The court confirmed that the Antithesis could be transferred with a simple ATF Form 4473, as the item is classified as a firearm under the Gun Control Act of 1968 (GCA), but not classified by the NFA at all. In August, the ATF released an open letter reclassifying the Antithesis as not a short-barreled rifle (SBR) under the NFA. It stated that the Antithesis can be transferred as “other” on a standard ATF gun transfer form. Although the letter only referred to the .410/.45LC version of the firearm.
The ATF stated in an open letter, “As a result of the Agreement, the Antithesis is not a rifle, short-barreled rifle, nor is it an NFA firearm; therefore, (i) no NFA forms are necessary to sell, transfer, transport, deliver, or otherwise deal in or possess the Antithesis, and (ii) no ATF Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain National NFA Firearms, is necessary to transport the Antithesis across state lines because the firearm is not subject to 18 U.S.C. § 922(a)(4) or (b)(4).”
The letter continued, “The Reformation and Antithesis are firearms under section 921(a)(3) of the GCA but are not rifles or shotguns pursuant to the agreement. When transferring these firearms, FFLs should utilize the ‘other firearm’ box in block 24 on the ATF Form 4473.”
After the ATF released the letter, Franklin Armory released the 5.56 version of the Antithesis for sale through various gun dealers. After record sales, the ATF would then again step in and reverse course.
According to sources close to the situation who spoke to AmmoLand News off the record, on Thursday, the ATF threatened to issue a cease-and-desist letter to Franklin Armory if it continued to sell the 5.56 version of the Antithesis. The ATF also wanted Franklin Armory to recall all the ones in circulation. This demand led Franklin Armory to issue a letter on Friday asking anyone in possession of a 5.56 variant to return it until a proper classification letter is issued.
Sources familiar with the decision have informed AmmoLand News that ATF Chief Counsel Robert Leider was responsible for the final decision. One of the potential concerns for the ATF involves the import and export of firearms. If a 5.56 Antithesis is allowed to exist, some in the ATF are concerned about the import/export rules around rifles. Companies could import firearms as pistols, then reconfigure guns in an Antithesis style. It appears that the ATF concerns extend beyond the Antithesis and encompass copycat designs, which could severely undermine the NFA.
President Donald Trump issued an Executive Order earlier this year that instructed the Department of Justice (DOJ) to protect the Second Amendment rights of Americans. This situation seems like the type of case that Trump’s DOJ would want to investigate.
According to AmmoLand News sources, the DOJ, including Attorney General Pam Bondi and her Chief of Staff, Chad Mizzelle, does not plan to intervene and halt the ATF’s actions.
Franklin Armory can always file a motion with the court in North Dakota to compel the government to cease its war against the Antithesis, as a North Dakota Federal Court issued the original order against the ATF’s classification of the Antithesis.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
