From Weekly Shooting News: "ATF Extends Jensen Ruling on Suppressors, SBRs, SBSs and AOWs Nationwide." Gun owners have been waiting for the ATF to release its guidance concerning the application of the Jensen ruling which found that the NFA's regulation of sound suppressors, short barrel rifles and shotguns, and any-other-weapons was unconstitutional as to the plaintiffs in that case. Well, that guidance has been issued and its a boon to gun owners. From the article:
Here are some of the highlights:
- As of today, ATF is extending the ruling nationally, beyond the named plaintiffs and their members. In other words, law-abiding Americans no longer need a Form 1 to make a suppressor, SBR, SBS or AOW and they no longer need a Form 4 to transfer one. These items will be covered by the Gun Control Act, meaning 4473s and NICS background checks.
- There are 15 states with laws on the books that require Form 1 and Form 4 processing by ATF for these items. ATF will continue to process these for people living in those states so that they can continue to make and own those items.
- The serial number engraving requirement for home made suppressors, SBRs, SBSs or AOWs is no [sic] waived.
- Keep in mind that the Gun Control Act and other provisions of the NFA are still in place. That means the GCA’s restrictions on interstate travel with SBRs and SBSs are still there. You’ll have to continue filing a Form 20 when you want to cross state lines with those.
An additional note as to SBR and SBS weapons. Concealed Carry notes:
The GCA bars dealers from selling SBRs and SBSs unless the Attorney General specifically authorizes it. The NFA approval process used to satisfy that. Since that process is no longer required, ATF says there’s currently no mechanism to authorize those sales. ATF is writing new rules and forms, and until they exist, it won’t enforce that restriction. So for now, a dealer can transfer an SBR on a 4473. That could change once the new rules land… so now is the time to buy a SBR to be sure.
Here is the ATF's news release which links to the letter and FAQ on this subject.
The finding by the ATF is good news, but until the underlying legal architecture - the National Firearms Act law of 1934 - is repealed by Congress, this is a regulatory finding, which is reversible. Potentially as soon as we have a new chief executive.
ReplyDeleteThe ATF has also shown its propensity to change its mind in recent years. For that reason, a qualified two cheers are warranted, but not all three.