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re: Judge rules that major portions of the National Firearms Act are unconstitutional

Posted on 8/6/26 at 10:07 am to
Posted by Clames
Member since Oct 2010
19937 posts
Posted on 8/6/26 at 10:07 am to
quote:

Does that mean a suppressor will still have to go through an FFL?



If removed from the NFA then it would probably be treated the same as any other firearm accessory. Only receivers are technically firearms, suppressors would be available off-the-shelf like buying a new stock for an AR.


I bet it will hard to buy an adjustable AR stock for a while, whole lot of pistols getting converted...
Posted by bbvdd
Memphis, TN
Member since Jun 2009
29011 posts
Posted on 8/6/26 at 10:43 am to
quote:

sounds like the GOA found a small town Texas judge that would make this ruling to drive membership.


It was a US district judge.

not a small local judge.
Posted by TideCPA
Member since Jan 2012
14332 posts
Posted on 8/6/26 at 11:20 am to
quote:

Something that’s unclear to me though is that they keep lumping suppressors in with sbr and sbs, saying it will be just like buying any other gun. The guy did it in that clip too.

Does that mean a suppressor will still have to go through an FFL? Seems like we are still treating it like something it is not if so.
That depends ultimately on what parts of the NFA get struck down. The NFA is what defined suppressors as "firearms" under federal law. If the NFA is struck in full, they would be treated no different than a scope. If it's just the registration/approval elements that are struck down, they'll still be legally "firearms" and bought and sold exactly like any other gun.
Posted by bamarep
Member since Nov 2013
52630 posts
Posted on 8/6/26 at 11:53 am to
The SilencerCo video sounds promising. Will wait on the legal eagles to chime in.

Hope it applies to "future" PSA purchases as well.
Posted by NOLAGT
Over there
Member since Dec 2012
14064 posts
Posted on 8/6/26 at 12:10 pm to
quote:

I bet it will hard to buy an adjustable AR stock for a while, whole lot of pistols getting converted...


All of it will be OOS for a long time. Suppressors are already flying out because of 0 tax. If you can walk in a store and by one off the shelf like a scope there will be zero on shelves for a while

Make a list and keep your power dry...
Posted by WestBay
Member since Jul 2023
389 posts
Posted on 8/6/26 at 12:50 pm to
Is this actually real or will it just ping pong back if we lose the house and senate in the midterms?
Posted by Loup
Ferriday
Member since Apr 2019
17642 posts
Posted on 8/6/26 at 12:51 pm to
I'm optimistic but I'm not running out to buy another hacksaw just yet
Posted by udtiger
Over your left shoulder
Member since Nov 2006
117047 posts
Posted on 8/6/26 at 1:15 pm to
Don't get your hopes up.

This was the same gambit that was tried with Obamacare (recall Roberts pulling the "taxing power" out of his arse was the only basis for its constitutionality) and the 5th Circuit held since the only leg that made it constitutional in Sebelius was gone, it was now unconstitutional (but noted the mandate may be severable from the rest of the ACA [essentially ignoring Sebelius in that regard]). SCOTUS said, sorry states, you don't have standing and abrogated the lower court rulings, never taking up the issue (California v. Texas - 2021).
Posted by TideCPA
Member since Jan 2012
14332 posts
Posted on 8/6/26 at 3:14 pm to
Was just about to post this. This is great news since the injunction covers PSA and Silencer Shop, as well as current and future customers of theirs.

Those two businesses are about to absolutely clean up in the suppressor space, and deservedly so for being based enough to sign on as plaintiffs in this suit.

Long story short...once the injunction takes effect, you can buy a suppressor, SBR, or SBS from PSA just like any other firearm. No ATF process at all apart from the normal background check.
This post was edited on 8/6/26 at 3:15 pm
Posted by Loup
Ferriday
Member since Apr 2019
17642 posts
Posted on 8/6/26 at 3:16 pm to
dang the NRA wasn't in on it?
Posted by finchmeister08
Member since Mar 2011
40509 posts
Posted on 8/6/26 at 3:22 pm to
so who do i do the 4473 with? my local dealer like a regular firearm purchase?
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71818 posts
Posted on 8/6/26 at 3:23 pm to
quote:

suppressors would be available off-the-shelf like buying a new stock for an AR.


What a world that would be.

I wonder if they'll split the baby on suppressors and still require FFL transfer and form 4473. They hate giving us all the nice things.
Posted by TideCPA
Member since Jan 2012
14332 posts
Posted on 8/6/26 at 3:26 pm to
quote:


so who do i do the 4473 with? my local dealer like a regular firearm purchase?
According to PSA, yes. It would work just like any other firearm purchase.

They wouldn't have put that out without consulting with their attorneys.
Posted by saintsfan1977
Arkansas, from Cajun country
Member since Jun 2010
10480 posts
Posted on 8/8/26 at 10:46 am to
quote:

No ATF process at all apart from the normal background check.


This is dumb. Nobody needs a background check to buy ammo, stocks or scopes. I want a can but I'm not going through their circus to get one.
Posted by biglego
San Francisco
Member since Nov 2007
85463 posts
Posted on 8/8/26 at 11:41 am to
This was the hope after Congress fricked us by not simply removing suppressors from NFA altogether. That would’ve been the cleanest and clearest win. But with a $0 tax, the basis for the NFA is removed so a court case was always the next step.
Posted by finchmeister08
Member since Mar 2011
40509 posts
Posted on 8/11/26 at 8:27 am to
One more day til the judges stay is lifted...


Posted by finchmeister08
Member since Mar 2011
40509 posts
Posted on 8/11/26 at 12:42 pm to
Posted by calcotron
Member since Nov 2007
10861 posts
Posted on 8/11/26 at 2:19 pm to
Recap?
Posted by bbvdd
Memphis, TN
Member since Jun 2009
29011 posts
Posted on 8/11/26 at 3:12 pm to
quote:

Recap?


Congress told the DOJ to not appeal and make the TX ruling nationwide.
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