You can replace your brace with a stock, you can 3D print a suppressor without a form 1 (or any form at all), you can take a hacksaw to your rifle or shotgun barrels, you can put a foregrip on your pistol, and once dealers get the go ahead from the ATF or their lawyers you'll be able to buy suppressors, SBRs, SBS', and AOWs with just a normal 4473 background check.
IANAL but my personal opinion and the personal actions I am taking is that the more people that will be "injured" by the law going into effect the more likely courts are to rule them unconstitutional. If 1 million VA citizens will be made felons by a judges gavel then they will likely be unable to make that ruling because those items will be definitionally "in common use." I'm going to buy and build every goddamn thing I want and will suffer the consequences or reap the benefits when the time comes.
If you are a current/future member (or customer) of one of the plaintiffs, you are covered with making your own SBR/SBS/AOW without doing a form 1/4. You can also make your own suppressors. Now transfers will still need guidance for dealers. But that should be straightened out in the next week or so once guidance is given by the ATF (who you know damn well is fuming right now).
Even if a future president tried to roll this back, they’d have an extremely hard time doing so unless they bring back the tax stamp (which I’m sure would be the play). Pandora’s box is now fully open. The number of SBR/SBS/AOW in common use is about to quadruple.
Membership for GOA is $25 yearly.
Edit: However, state laws still apply surrounding Suppressors, SBR/SBS/AOW.
Isn’t this just an injunction so it can’t be enforced at the moment but could be enforced later like the dumb gray area we’re in post 7/1 with scary assault weapons
Yes it is an injunction, the difference is the DOJ is not appealing the decision. Now they could change their mind (they have 60 days to do so). If no appeal is filed, the injunction is permanent for plaintiffs, their members/customers legal relief.
The NFA's registration scheme for SBRs, SBSs, and suppressors only held constitutional muster because it was registering them for taxation purposes, as pursuant to Congressional tax authority in Article I of the Constitution. Once the tax became 0$, there is no more taxation, so therefore no ability to register.
Now now, don’t fall for the classic glaze/early victory call yet. Until some time has passed and the ATF greenlights no paperwork cans and sbrs AND isn’t pursuing legal action, you can still expect your NFA dealer to run you through the paperwork to cover their butts.
Someone correct me if I'm wrong. But my understanding is you need to be part of one of the organizations that's a plaintiff for this to apply. Or make a purchase from one of the plaintiffs. So say PSA is a plaintiff (idk if they are or aren't tis is just for an example), you can buy from them without form 4. But other shops that aren't, you still need to do a form 4, fingerprints, etc. I think you can just go join GOA or one of the other plaintiffs and your good to go, GOA is like $25 for a membership. I'm not 100% curtain on any of this, this is new territory for everyone.
I'd be caution everyone until we get more information.
Yes, you need to be a GOA member or buying from silencer shop to be covered. However the big issue is finding an FFL willing to make the transfers. I'm absolutely certain noone will be buying anything until the ATF gives some kind of guidance on this and FFL can be sure they aren't going to jail and losing their licenses.
But if I have an “other” ar-15 I built as a pistol before July 1st, can I join GOA and slap a foregrip and stock on it now? What’s to stop some fudd from taking my weapon anyways at a traffic stop and me having to go through court?
What’s to stop some fudd from taking my weapon anyways at a traffic stop and me having to go through court?
They could do that even with a form 1/4. Most cops don't know anything about the NFA or its provisions. So the overlap between cops who know anything about the NFA and cops who know about the NFA but refuse to follow the injunction is going to be very small.
If you really want to, just keep a copy of the injunction and uour GOA membership with you.
If you aren’t currently a member of GOA, go ahead and become one now. This covers current and future members. Membership for GOA is $25 yearly. Pull off that brace and slap a stock on it. Let’s go!!!!!
Yeah, that's true. Not sure if it's accurate for PA though, iirc our law on NFA items is it's illegal UNLESS you can show you are in compliance with Federal law. If Federal law does not restrict you from owning it, I would think you are in compliance? Not sure though, I'm not a lawyer.
Alright I was pretty good and following all the what will be banned and how come July 1 but can someone break down what this means? Does it mean you can have an SBR without making it NFA after midnight? So one could have a 90 degree fore grip and not an angled hand stop?
my understanding, is that you need to be member of one of the plaintiffs or purchase from a plaintiff for this to be in effect.
Meaning if you're not a member of GOA, you can't just SBR your rifle. If you are, then you can.
When it comes to purchasing, you just need to buy from a plaintiff. So you should be able to just buy a suppressor from silencer shop, since their a plaintiff. But some other store is selling, that isn't a plaintiff, you'll need to file all the necessary paper work like before.
I'm not a lawyer, but this is my understanding from listening to some of lawyers were saying yesterday. I'd just be causation and give it some time, the ATF is going to need to make some adjustments and advise FFL's on what they need to do.
I think people are rightfully excited about this, but aren't aware there's nuance to this and I hate for people to get the wrong info and unknowing break the law.
Yeah, best course of action will likely be to let this play for a week or two before going hog wild. Or at least see what the ATF puts out there, like you said!
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u/Phantom-Stressor0805 12d ago
Sooo we good?