Last week, the Department of Justice chose to let a US District Court Judge’s stay of his decision lapse, allowing current and future members of the plaintiff organizations to buy the most popular NFA items — suppressors, SBRs SBSs and AOWs — without the added NFA paperwork and registration of their purchase. Maybe you heard about it. It was big news.
The DOJ hasn’t said yet whether or not they will appeal the ruling. They only chose not to ask for an extension of the seven-day stay the District Court Judge issued. That’s what opened the floodgates.
The ruling covers Silencer Shop, GOA, SAF, the Texas State Rifle Association, the Firearms Regulatory Accountability Coalition, B&T USA, SilencerCo and Palmetto State Armory. The judge ruled that his ruling applies to all current and future members of the plaintiff orgs like GOA, SAF, and FPC.
That part seems to be clear. For now. So if you’re a member of one of those orgs and are wondering whether or not you can buy an NFA item, see our post here.
But all of this is still, at most, a best guess based on attorneys’ reading of the judge’s ruling. More than a week later, what we don’t have is any guidance from ATF as to how they’re going to regulate the sale of NFA items now.
They haven’t issued any memos or updated any procedures for retailers. Still. They seem to be falling back on the ‘we don’t comment on ongoing litigation’ dodge for now. Still. More than a week later.
This, of course, is the regulatory body charged with enforcing the nation’s gun laws. Their lack of clarity is putting gun owners and dealers in a difficult position.
Can people who own a braced pistol pop an AR stock on their gun now and create an SBR? Can they drill drill a hole in a solvent trap and head to the range? Can FFLs sell cans (where legal) to anyone who can show current membership in GOA or one of the other plaintiffs?
Probably. Maybe.
But lots of people don’t want to wind up as a test case. For obvious reasons. And plenty of retailers have taken the entirely understandable stance that they’re not going to risk their livelihood on a best guess until ATF tells them what the rules are now.
Dealers are forced to choose between continuing under the old, unconstitutional, rights-violating system and pissing off customers…or taking a leap and possibly jeopardizing their FFL and their business.
Let’s be clear. The ruling was obviously an enormous step in the direction, that of continuing to reclaim our gun rights. All of our gun rights. And given what we’ve heard from retailers and can makers, lots of people are buying while the buying’s good (and legal). Meanwhile, we wait and watch to see what, if anything the DOJ does as their window to appeal gets smaller by the day.
So it would be incredibly helpful if ATF would let Americans know — those who are covered by last week’s ruling and those who sell what used to be NFA gear — exactly what they can expect now. Without, you know, catching a felony charge.