In a baffling move that I would not have bet money on, even as it did offer election advantages they can lean on in the mid-terms, the Trump DoJ hasn’t appealed the Texas court ruling from last week. The United States Department of Justice, and through them the ATF, have not filed an appeal to Silencer Shop Foundation v ATF. The first non-NFA transfer happened at 12:01 this morning.
The NFA is Dead?
No. It is assuredly not dead. It is in flux and the ATF have not issued any guidance to Federal Firearm Licensee’s (whom they have absolute authority over) as to how to proceed in their various states nor how they should verify anyone they transfer to is accurately covered by the ruling.
Those are very big, very valid, and very if you screw them up it can mean prison time type questions.
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Have Patience
The most important thing we can do now, even as we celebrate this next important legal step, is have patience. Be especially patient with your dealers who should not be asked to risk their future business on an improper transfer. States have a whole patchwork of different laws when it comes to NFA item legality and even if you qualify federally that may not matter to the legality of a non-NFA transfer in the state.
Michigan is one such state where the legality of NFA items are directly legislatively tied to their existence on the NFA registry.
This is a 2A Victory, One of the Greatest in Living History
But do not let that allow you to be convinced to do something foolish that risks your freedom for a reason you didn’t see in another set of laws.
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Be patient, we will see what the DoJ issues as far as guidance. This was undoubtedly a calculated political move on the administration’s part. It was also likely on the part of candidate Brandon Herrera, who likely took legal precautions that aren’t immediately evident alongside Silencer Central and GOA to be able to quickly address a negative response from the DoJ.
You don’t know what you don’t know. We don’t know what we don’t know. The best strategy for the moment, if you want a silencer or SBR now, would still be complete the NFA transfer. If/When the NFA gasps its final in this legal process, the registry will likely cease and you are not out any money thanks to the $0 stamps. Cats have nine lives, legal proceedings and appeals are more like hydras where you finish one and two more pop up.
No Appeal?
No appeal yet. The government still can at a quieter or more opportune moment when they have their ducks in a row. This could mean chaos for anyone who participated in a non-NFA transfer depending upon the nature of the appeal.
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So again, more than anything, patience.
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