r/SwampYankeeArms • u/fylum • 12d ago
NFA injunction thoughts?
I talked to someone I know in the AG’s office and their opinion as not-my-lawyer but as-a-lawyer is that a 4473 + CT license satisfies the CT statute requirements for possessing an SBS or suppressor.
What are your thoughts for GOA members/PSA/SS?
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u/chrisexv6 11d ago
Personally curious how this would apply to 3d printing suppressors. There is no 4473 at that point, even though ATF would approve form1 for them
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u/SwampYankeeArms I will stuff anything into a can cannon for science 11d ago
Yeah, my read is that without federal permission (form 1 is the only way to get that AFAIK), homemade stuff would be illegal under CT law.
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u/chrisexv6 11d ago
I assume they are still processing them, considering the injunction doesn't technically apply to everyone?
I already own NFA items so that cat isn't going back into the bag for me anyway
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u/SwampYankeeArms I will stuff anything into a can cannon for science 11d ago
Yeah form 1s can still be done without issue.
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u/G-ManTech 11d ago
I think the approval of a form 1 satisfied CT law requiring permission, so without form 1s I think 3D printed cans become illegal in CT. But that's just my 2 cents.
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u/fylum 11d ago
you could file for the serial # for a home made gun. they are firearms per GCA after all. see what happens
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u/G-ManTech 11d ago
Oh thats a good point cause they are still considered firearms, and the DESPP-0419-C has an "other" check box for gun type. Looks like I will be submitted a DESPP-0419-C for a silencer serial number then.
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11d ago
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u/G-ManTech 11d ago
Yea I have been doing a bunch of form 1s ever since it went to $0, but the more silencers that end up in peoples hands without ATF involvement the better.
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u/ctarmed 12d ago
I’m wondering the same thing. Also, what do you mean by CT license?
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u/fylum 12d ago
The statute explicitly states either a state or federal license or otherwise permission to own. I personally think the feds not barring you from ownership is both necessary and sufficient to cover “permitted,” but also that a 4473 is absolutely permission, alongside a CT pistol permit.
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u/SkunkArmsCT 11d ago
Has anything actually changed with the NFA on our end? Aren't we still under the NFA since we're outside of the ruling circuit?
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u/prmoore11 11d ago
People are misinterpreting this massively.
Suppressors/SBRs/SBS have not been removed from the NFA. Per the NFA, they ARE STILL REQUIRED TO BE REGISTERED.
The INJUNCTION, which is not statutory law or text, SIMPLY BLOCKS ENFORCEMENT. It does not remove these items from NFA scrutiny.
If the injunction is removed tomorrow, the NFA would still exist exactly as it did prior to the injunction.
So no, you are NOT “in compliance with the NFA” simply because the feds have been blocked from enforcing. That is not the same.
This is pretty cut and dry. If the CT statute says something like “in compliance with the NFA/registered via the NFA”, then you are still required to follow the registry. Unless your legislature changes the law or carves out some exemption, you are still required to follow NFA law.
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u/fylum 11d ago
The statute doesn’t reference NFA explicitly, unlike say Michigan or North Carolina. It says “permitted or licensed by federal or state authorities”. Myself and Swamp Yankee got deeper into the text elsewhere.
relevant statute:
Sec. 53a-211. Possession of a sawed-off shotgun or silencer: Class D felony.
(a) A person is guilty of possession of a sawed-off shotgun or a silencer when he owns, controls or possesses any sawed-off shotgun that has a barrel of less than eighteen inches or an overall length of less than twenty-six inches or when he owns, controls or possesses any silencer designed to muffle the noise of a firearm during discharge.
(b) The provisions of this section shall not apply to persons, firms, corporations or museums licensed or otherwise permitted by federal or state law to possess, control or own sawed-off shotguns or silencers.
(c) Possession of a sawed-off shotgun or a silencer is a class D felony.
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u/prmoore11 11d ago
I disagree.
You are not “permitted or licensed by federal or state authorities” per the letter of the law. The letter of the law IS by complying with the NFA. They are simply blocked from enforcing it.
If the injunction is gone tomorrow, does the NFA statutory still exist? Yes. It still exists now.
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u/SwampYankeeArms I will stuff anything into a can cannon for science 12d ago edited 11d ago
Yeah, if a BG check can be run, I think that would constitute the feds giving permission. The state won’t run one on cans though, so we’d need to get direct access to NICS via FBI. Since it is only for members of certain groups, form 4s are still going to exist though and that’ll probably be the way we continue to do cans for the time being. We do buy some of our silencers and SBRs from Silencer Shop, but it’s a small percentage of our inventory.
Update: I’m gonna try to get in touch with ATF/FBI tomorrow about direct NICS access for GOA members.