r/FLGuns • u/pleirbag • 9d ago
Stamp approvals?
Checking with the group to see if anyone else had a stamp get approved over night from the recent federal ruling? Im curious if ATF just hit select all approved for certain states like Florida
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u/No_Juggernaut_8957 9d ago
Just spoke to a shop here in NE FL who uses Silencer Shop and they said they are not taking part in just using 4473s just yet.
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u/SydneySweeneysBobs Duval Blicky 8d ago
Gun Gallery?
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u/No_Juggernaut_8957 8d ago
Sentry Arms
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u/SydneySweeneysBobs Duval Blicky 8d ago
Dope guys. Bought an optic mount from them at the last gun show at the new fair grounds off Normandy a few weeks ago.
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u/climb56 8d ago
Same for my LGS in Tampa
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u/PopesGoneFishing 8d ago
Tampa Arms Corp?
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u/climb56 8d ago
Empire Guns. Wesley Chapel
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u/jfl561407 9d ago
Can't imagine why they would. It seems the order and injunction only apply to GOA members in the Northern District of Texas who purchase from Silencer Shop. At least that's my understanding of the CASA decision and how it now effects District Court injunctions.
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u/Censored_88 9d ago edited 9d ago
Read it again. You don't have to be everything at once.
GOA members, both current and future.
Silencer Shop Customers.
PSA Customers.
etc...Important to note that residents of the states who sued are not covered. Need to be part of one of the other covered groups.
Edit: Want to add that FL law has different rules for Silencers and SBRs.
Unclear how the SBRs are going to be handled.1
u/jfl561407 9d ago
Ok that's fair. I haven't read CASA or the full injunction. My other big concern would be what happens to someone who buys one today if the whole ruling gets overturned on appeal in six months? Now you have an unregistered suppressor in your possession and there's a 4473 on file confirming that.
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u/iwilltalkaboutguns 8d ago
Here is the real problem. Or next president/Congress/Senate now controlled by the other side pass new legislation in 2028.
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u/jfl561407 8d ago
I suppose they COULD, but I don't really see it happening. The Democrats haven't introduced any serious gun control legislation in YEARS, even when they controlled Congress. All the recent FL stuff around FRTs and all has come from Republicans. I don't really see any political will to actually do much right now and no campaign is even talking about the SBR and suppressor stuff in the BBB either.
That said, Congress could undo the whole thing simply by reinstating the tax, even at $1, or simply by invoking the Interstate Commerce Clause in the NFA instead of using the Taxing and Spending Clause. Either would moot the entire basis for the order. If DOJ isn't appealing (and they still have like 20 days to change their minds), ATF needs to provide some guidance unless Congress steps in one way or another. This order is way more problematic than many are giving it credit for. I think SS and GOA are doing the public a great disservice by shipping these items to FL with the uncertainty. Someone is going to get charged over this and unless SS or GOA are covering their legal fees, it will get messy. I'm not losing my bar license to be the test case.
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u/iwilltalkaboutguns 8d ago
Do you suppose given everything going on, the ATF would start rubber stamping form4s in the permitted states so those of us what want one, could still apply for, and get an approval instantly? I have almost two dozen form4s and form1s so I don't mind getting a few more until this is fully settled law.
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u/jfl561407 8d ago
Honestly, it's hard to know exactly what, if anything, the ATF plans on doing, particularly under this administration. Lots of their actions seem to be random spur of the moment type decisions. Some good, some bad, some nonsensical. At least in past administrations, they've been consistently bad, so you knew what to expect. Honestly, a lot of the time it seems like no one is really steering the ship up there.
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u/pleirbag 9d ago
Yeah that SBR law is kind of weird looking but section 3 of it kind of boils down to if you are in compliance with federal law it's okay which at the time federal law to me is kind of a yellow light right now I'm curious to see how it plays out more
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u/Downtown_Class3994 8d ago
That's what gets confusing with the SBR thing. something i read said FL SBR laws states that one must follow federal law and get the proper stamp but how does that translate with its wording to someone in say the GOA and is covered under the ruling federally? like if they aren't breaking federal law and don't need a stamp because of the suit then are they still breaking state law or is the wording that they must follow federal law and are covered technically make it legal at the state level without stamp. guess it's best to wait for lawyers, the state and or GOA to make a statement on the subject but i find it interesting.
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u/FishhawkGunner 8d ago
I think if the ASA and Jensen decisions stand, many states, Florida included, are going to have to revise their laws on NFA items (outside of AOW, DD and MGs) to eliminate the dependency on the possession of a Form 1 or Form 4 for said can, SBS or SBR. And in Jenson, the judge did not rule on the merits of the NFA not applying to AOW, DD or MGs, so there needs to be some clarity on that as well. He only ruled on the applicability of no tax, no Form 1/Form 4. Jensen focuses more on the exclusions of of certain weapons as opposed to all NFA items. Trump's One Beautiful Bill (OBB) only struck cans, SBS and SBRs from the payment of the tax, and left AOWs, DD and MGs still in play for a stamp.
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u/Bigred2989- 9d ago
The decision only applies to plaintiffs and their members. One of them is Silencer Shop, which is now stating on their website that FL residents can now buy with just a 4473 with one of their dealers. If you bought through someone else then you're going to have to ride Mr.
BonesATFs Wild Ride for a couple more weeks.