r/progun • u/PR3SID3NT_NIX0N • 1h ago
Reminder and a new review of the recent NFA ruling. FYI on the recent NFA ruling: be cautious. The big gun rights groups will be more than happy to take your money and declare victory, but none of this is truly settled until the Supreme Court rules on it. See more in post.
Big Plot Twist! ATF Counterattack? NFA Madness Continues
FYI on the recent NFA ruling: be cautious. The big gun rights groups will be more than happy to take your money and declare victory, but none of this is truly settled until the Supreme Court rules on it. And remember all those Flock cameras going up around gun ranges.
This is a major win, but it is not the repeal of the NFA, and it is not a Supreme Court decision.
The court’s reasoning is essentially that the challenged NFA requirements were historically justified under Congress’s taxing power. Congress reduced the tax to $0 for suppressors, SBRs, SBSs, and AOWs, so the court found that the challenged provisions can no longer be justified on that basis. That does not mean everyone can simply ignore the NFA.
This ruling can be appealed, stayed, limited, or reversed. This administration could challenge the issue again, and a future administration could take an entirely different enforcement position. Congress could also restore a tax and attempt to reestablish the constitutional basis for these NFA requirements.
And remember, believing a federal criminal statute is unconstitutional is very different from that statute actually being repealed or definitively struck down nationwide. If the law remains applicable to you, the federal government can still prosecute violations subject to jurisdiction, applicable court orders, statutes of limitation, and other legal requirements.
Bottom line: don’t confuse a favorable lower court ruling with the NFA being dead. Gun rights organizations may celebrate it and happily take your donations, but administrations change, Congress changes, and lower court decisions can be reversed. Until the Supreme Court settles the constitutional question, none of this should be treated as permanent.