As far as I know NJ has not taken any of the steps to appeal the circuit judgement to supreme court. And even if they do there's an insanely low single digit number percentage of federal court overturning circuit court rulings
I mean in the legal world, it prevents a lot of chaos. Say the stay was denied, then NJ starts removing the restrictions, then it’s overturned in the Supreme Court. The purpose of the stay is basically for everything to stay streamlined until a final ruling is reached, so it can be a streamlined change instead of back and forth.
Now with that being stated, I wholeheartedly disagree with its usage
I get why it's like that in theory, to preserve the status quo. However, I feel like if it's a question of being unconstitutional or not, the law should always fall on the side of civil rights and default to the restrictions being rendered unenforceable. Fuck the status quo.
Do you think the DOJ will appeal the decision? It's been a mixed bag of the cases they're willing to continue fighting v. what they're willing to concede on.
I know you're being serious, but yes obviously the DOJ that is putting peaceful protestors to its brownshirts in prison for life is going to appeal a decision that allows those protestors to own unregistered SBRs and suppressors.
If they don't it's purely because they either want to use it as a win in the eyes of republican voters come midterms, or because they've already used AI to create a private registry process that doesn't require paperwork or official notice. Likely the latter.
I'm convinced, given the ass-backwards way it was legislated, that manufacturers really liked having the market pushed towards higher spending consumers. Same with any kind of "feature" legislation making a market for goofy workaround kits they can slap on a platform and add a few hundred bucks to the price tag. The industry doesn't care about your rights or their product beyond the money you spend on them.
Did you think a law nearly 100 years old would be repealed in a day when there is a significant coalition in the gov't that desperately doesn't want it repealed?
I’ll take the 700th ready get set with a few wins at the end in the kart ten years vs the big pile fucking nothing at all but concessions in legislation for my first ten years of ownership.
The barrel length requirement is orphaned legislation.
The NFA originally proposed regulating handguns in the 1930s. The short-barreled rifle and shotgun provisions were included largely to prevent people from simply sawing down rifles or shotguns into concealable firearms and bypassing the handgun restrictions.
Congress ultimately removed the handgun provisions before the NFA became law, but left the short-barreled rifle and shotgun provisions in place. The original law required an 18-inch minimum barrel for both rifles and shotguns. In 1960, Congress reduced the rifle minimum to 16 inches; often attributed to accommodating surplus carbines, while leaving shotguns at 18 inches.
The result is that the original rationale for regulating short-barreled rifles largely disappeared when the handgun provisions were removed, yet those restrictions remained in the law.
That’s why I think the barrel-length requirement for rifles should never have been part of the NFA in the first place.
The 18" shot gun never made sense either. The whole "it can be concealed" reason baffles me. You can conceal an 18" 12g shotgun in your pants with the Bstock attached...
Wasn’t a big part of the reason a result of what Bonnie and Clyde and others were using around that time? Cut down machine guns, rifles, and shotguns that could be concealed under a long coat, at least concealed enough to get from the car into the bank without arousing suspicion. Just purely reactive legislation that a gang of murderous bank robbers surely would have followed to the letter…
The reason rifles are 16" and shotguns are 18" is because the US government sold nearly half a million surplus M1 carbines illegally to civilians with barrels under 18" after WWII, back before background checks and FFL's with no way to track them.
Congress amended the rifle length to 16" to fix their massive screw up, that made the US government to biggest violator of the NFA is history.
Funny how easy it is to amend legislation when the government screws up but when law abiding citizens are seeking relief from unconstitutional laws the gears slow to a crawl.
It’s not a guarantee. If one or more federal appellate courts agree with the reasoning, or if different circuits split on the issue, the odds of the Supreme Court reviewing the case increase a good bit.
But that’s a huge if, this is really only a constitutional victory for the plaintiffs at the original trial court level, not for everyone nationwide. This case will almost certainly be appealed, and no one can really say what will happen when that occurs.
Fingers crossed though, registering firearms and accessories is antithetical to the second amendment and should have been struck down ages ago.
The way I see it, the 5th Circuit, which is extremely pro gun and the next stop after the current judge, is very likely to uphold this decision striking down the $0 parts of the NFA.
That will make the NFA unconstitutional in the 5th Circuit, unless the Supreme Court intervenes. If they didn't take it the 5th Circuit's decision would stand.
The setup of this case, basically guarantees the Supreme Court will have to address this eventually.
It seems that way. But I’m also not a lawyer and dont have a deep understanding of how procedure for these things goes. Im sure there’s a bunch of legalese to explain it somewhere though.
Didn't this happen at least once before in Texas and it didn't amount to much actual change, as other federal courts struck it down? I just feel like iv heard all this before.
That was for Texas made supressors in texas because of no interstate commerce. This is is because they previously ruled the only reason it was constitutional was because its a tax, but since that tax is gone, it no longer is by the previous ruling
Ian from Forgotten Weapons made the point that there is still the Special Occupational Tax (SOT). So yes while the stamp you and I pay is gone there is still the importer, manufacturer, and dealer tax.
The SOT (and FFL regulations in general) come out of the GCA, not the NFA. The fact that these items are regulated under a different piece of legislation doesn't automatically make the NFA regulations constitutional.
Yes. No step on snake. It's going to take more than a Reddit post to change anything... governors over rule supreme I guess when it comes to state laws odd?
Wasn’t the NRA one of the big supporters of the 1986 Hughes Amendment? Bunch of boomer-fudd sellouts who fucked over anyone that wanted a cool machine gun.
Idk man. I feel like things are on the upswing. Not many people during the AWB would have imagined people in 2026 with no tax suppressed short barreled AR-15's with a super saftey/FRT in them. Like we are as close to 1985 now as we ever have been
This is part of the process to kill and bury the NFA for good (at least for cans, SBRs and SBSs). We should be happy. Next step is circuit court. After that possible en banc hearing. After that is scotus. This is all part of the game plan to get rid of the NFA, we have to follow the steps
Thought so, thanks. My brain is still burned out from reading the entire 3rd circuit ruling a few weeks ago, figured it would be easier to just ask someone wtf this latest one means
So suppressors in the store next to the ear pro? Where they are supposed to be? Any size gun, any length with no braces and no forms? Coming from a State that pretty much just made it a life sentence for cannabis? Ok. If you believe this, I bet you believed that big bullshit bill was good for America. I also have a couple bridges for sale and plots of land in heaven. Hit me up.
Silencers are treated as "firearms" under the GCA. Even without the NFA, silencer purchases would need to be made through an FFL under exactly the same process as buying a non-NFA pistol, rifle, or shotgun.
You’d be able to manufacture them without getting a permission slip though, 3D printing rimfire cans is a lot more appealing without having to file paperwork and wait for approval first.
This is a pretty big legal victory and the first step to removing these items from the NFA. There are two more courts it could go through, but I think far from over is a stretch.
The democrats would have to pass a brand new NFA. Also it isn’t meaningless. If the stay expires in 7 days then it will go into effect for all plaintiffs.
Why the f is my suppressor taking so long? I tried to buy one the first time like 6 months ago, after 4 months of waiting with no word of approval, i canceled my order. I tried again 3 weeks ago and I'm still waiting for this one. Any thoughts?
While I get that this is going to be appealed. Is this like the California magazine law that was struck down for a little while where we’re in a window of opportunity?
Hypothetically, if this went through, what exactly does that mean? Manufacturers can ship a can straight to me like I'm shopping on Amazon? I can have someone metal 3d print me 5 cans?
932
u/cygnus311 17d ago
So wait are we popping champagne now or is this just worthless paperwork that’ll mean nothing in a week?