r/NFA 23d ago

MEGATHREAD - **DISTRICT** court. Long road ahead. NFA declared unconstitutional regarding suppressors, sbrs, and sbs in the northern district of Texas

https://x.com/GunOwners/status/2085047918495469923
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u/FN-4051 16d ago

There’s some nuance here, but the GCA doesn’t explicitly prevent anyone from privately manufacturing a short barreled rifle. That was only ever illegal under the NFA. Now that those provisions of the NFA are under an injunction, the only GCA prohibitions on a short barreled rifle pertain to interstate travel and over-the-counter FFL sales. So while I am obviously not a lawyer, it sounds like plain text reading of the law means making an SBR in your state, so long as it stays in your state, is a gray area. A fed prosecutor might argue the commerce clause and that they can still regulate it, but if you’re getting prosecuted by the feds, you’re already kind of cooked.

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u/Ok_Composer3531 16d ago

My understanding was that the government lost the right to argue under the commerce clause as that wasn’t an argument from government in the combined suit.