Gunday Brunch 253: The NFA isn't dead, so everyone chill

One, the ruling and the fact that we are out of the, uh, per- the, uh, time period that, uh, was set up for the ruling to take place and allow the government to appeal if they so wanted, um, that is a big win.

Let's not, let's not coat that in anything other than what it is.

It is a massive, massive win for the Second Amendment and gun rights.

So yay us.

Thank you to, uh, the people who led that effort, and, uh, thank you to the, those who have supported that effort.

Now, let's get into a little bit of what it means from your perspective.

And the fact is, nobody knows what it means yet.

Anybody who is telling you they do is lying, and they might be lying via enthusiasm.

They're not being malicious about it, but they are in fact lying.

And anybody who is doing a transfer or who is, uh, engaging outside the normal NFA process right now, you are taking a risk, and that may be, especially if you are truly under the, the plainness of the ruling, you, you will have legal legs to stand on depending on what the ATF guidance and the DOJ guidance comes back as for, uh, for these transfer processes.

But if you are doing the Title I, the 4473 type transfer on NFA items right now because you are a GOA member or you are one of the, uh, the other indemnified plaintiffs, uh, for this, understand that what the government responds with is going to matter, and it may be very, very disruptive.

So that being said, your state may also mess with your ability to do the non-licensed transfers.

Uh, Michigan and Ohio are excellent examples that have legislation that directly ties the legality of NFA items at the state level to the fact that they are on the federal registry.

It's written different in both states.

There are different workarounds in both states, but the short answer is, for a lot of states, the legality of NFA items is directly tied to the federal level.

Therefore, the federal level changing or the federal level going away, as we would like it to, is going to disrupt things at the state level, and there's going to be additional legal steps that need to take place in order for NFA items to, uh, be retained.

In, in short, Michigan, if the NFA dropped SBR silencers, all the $0 items tomorrow from the registry, they would effectively be illegal in the state of Michigan because there's requirements at the state level that they be registered and permitted at the federal level.

That's how the rules are written.

The rules do not play well together.

They are just kind of crazy wired in a, in a way that works right now, but you change one of those wires, all of a sudden the whole electronic mess breaks down, and that is what we are dealing with nationwide right now, ladies and gentlemen.

We are dealing with chaos that we have not yet received any official guidance from the ATF about.

Now, I'm a federal firearms licensee, and I have an SOT.

When that email drops and that guidance comes out, or it gets published on the ATF website, and there have been several spoofs, there have been several false edited images showing that the ATF has said something that they haven't.

Um, so be very, very, very careful about that.

Uh, we do not know what the government response to this is going to be.