From what I’ve read, theoretically , if one were to reside in one of the covered states, a customer of SS, PSA, and/or GOA, that person could buy a suppressor with no NFA paperwork, buy (or build) and SBR/SBS with no paperwork (although for the time being I think engraving still is required) as of 12:01 CST tonight.
If not appealed, or some crazy last second emergency injunction filed, this is likely the end of NFA altogether (machine guns and DD excepted). How can the federal govt enforce NFA laws in SOME states, but not others? Equal protection clause, and all…
I am not a lawyer, but I can’t help but think NFA for suppressors, SBRs, and SBS should fall nationwide soon. Very soon.
I’d wait for more confirmation, but outside of machine guns and DD looks like the NFA is on indefinite enjoinment
NYTimes - gift article link, should not be paywalled, but they will ask for your email address to read it fully:
…In effect, the Trump administration stepped aside, for now, and allowed the Prohibition-era gun control measure to lapse under judicial scrutiny after President Trump signed a law last year that weakened the restrictions by removing a $200 tax for the permit. The administration has another 52 days to file an appeal in the case.
Gun rights groups and gun businesses, many of which had filed and supported the lawsuit, celebrated the overturning of the law. Groups supporting gun restrictions criticized the government’s inaction, arguing that the ruling had deregulated dangerous, easily concealable firearms and accessories that had been restricted since 1934.
The Justice Department did not explain why it did not immediately appeal the ruling. In an unsigned statement to The New York Times hours before the midnight deadline, the Justice Department said that it “respects Americans’ Second Amendment rights and is currently assessing the impact of the court’s ruling.”
It was a retreat by the Trump administration, which had argued after Mr. Trump’s law was passed last year that Congress still had the authority to restrict particularly dangerous and easily concealable weapons. The government’s move to forgo a stay of the ruling — or issue any public statement on the issue — came after gun rights groups and dozens of Republican lawmakers publicly pressured Todd Blanche, the attorney general, to allow the ruling to stand. …
But we are still screwed here in NJ. I can’t wait to move to Florida.
Capitol Armory (my dealer) is being conservative for the moment, waiting for guidance from ATF and legal council.
Personally I think that’s wise.
A lot of people think you can build/buy SBRs. With no registration. I think it’s prudent to pause a bit before going crazy (although I’d love to throw a stock on my AR pistols).
I saw that. It is a good thing. It also doesn’t answer my question, or change it even a little bit. Neither do all the posts that follow. The One Big Beautiful Bill did not eliminate the NFA. It eliminated the $200 tax. Everything else about the NFA remains intact. The subsequent decisions that it is unconstitutional to enforce various parts of it are (all of them afaik) based on the premise that the NFA was classified as a revenue measure when it was originally passed and enacted, and that with no tax to be collected, the other provisions have no legal bearing. So, once more, what would stop a future Democratic majority Congress from passing another bill that simply restores a tax provision for the NFA, and thereby automatically mooting all of those decisions that rest on it being unenforceable without one? It think that it is quite possible the tax amount could be even less than the original $200 (although a court might toss something as trivial as $1). That would be a tremendous waste of the resources that were invested in obtaining these decisions imo.
I’ve just been “reporting” events, not addressing your question/concern.
Yes, agreed, this is a “hack” and not a good permanent solution. Agreed, a tax could be re-instated and suddenly the NFA is in effect again.
Could be that the moment there’s a (D) shift in legislative branches they run the tax back up. Could also be that once the flood of suppressors/SBR/SBS goes through and crimes committed with them don’t correspondingly go up, along with the general Overton window/culture shift happening on firearms, there will be no legislative appetite to mess with NFA taxes.
We won’t know for sure until something happens. For the moment, enjoy the chain-breaking.
I hope they come out with Guidance soon should be getting an AOW soon and hope the process is smooth
Recommended reading - SAF Overview/FAQ of situation:
