The Silencer Shop v. ATF decision is certainly an historic decision.  However, we urge everyone not to believe everything they read on the internet.  Simply stated, most posts by individuals in social media saying the NFA is dead and today everything may be transferred without regard to NFA Forms are wrong.  Per the opinion itself, the District Court decision is only applicable to the plaintiffs in the case and their customers/members: “In sum, the plaintiffs are entitled to a permanent injunction—but only so far as it prohibits the defendants from enforcing the challenged NFA provisions against the plaintiffs and, where applicable, their agencies, political subdivisions, members, and customers—both current and future.” (emphasis added)  Further, while the Silencer Shop case plaintiffs were granted an injunction as to silencers, SBRs, SBSs, and AOWs, the Jensen case plaintiffs were not granted relief with respect to AOWs.

 Why didn’t the court completely enjoin the ATF from enforcing any NFA provisions against everyone nationwide?  Unfortunately, a District Court cannot issue an injunction under these circumstances that has nationwide effect.  (Ref., Trump v. Casa)  Given the narrow scope of the injunction, this means that even if the Ruling is not stayed there will be NFA firearms on the shelves of gun stores that are no longer NFA-regulated (e.g., plaintiff company silencers) sitting next to NFA firearms that are NFA-regulated (e.g., silencers made by non-plaintiff companies).  Further, two consumers could walk in the same store and one be entitled to a silencer without NFA registration (e.g., a Gun Owners of America member) and the other individual has to abide by the NFA registration.  This will undoubtedly lead to confusion nationwide at the gun counter.

 We reached out to multiple government authorities and, as to be expected, radio silence.  Nothing has been announced publicly by the ATF or the DOJ about how to address the situation.  Look at a practical example.  A manufacturer created a silencer 2 weeks ago.  It was serialized and registered on a Form 2.  They filed a Form 3 to transfer it to a wholesaler which removed it from the manufacturer’s NFRTR to the wholesaler.  The wholesaler filed a Form 3 to transfer it to a dealer and that silencer now appears on the dealer’s NFRTR.  Let’s say a consumer covered by the ruling walks into the gun store to buy the silencer.  Assuming the dealer is comfortable enough to transfer the silencer without a Form 4, there is no mechanism in place to remove that silencer from the dealer’s NFRTR.  When an IOI shows up next week for an inspection they expect that silencer to be on the dealer’s shelves because of the NFRTR listing.

 That is only one example of one silencer at one dealer.  Expand that to all silencers, SBRs, SBSs, AOWs nationwide and you can see the magnitude of the issue that has not been addressed in the week since the Ruling.  We have been told (not by ATF itself so this may be hearsay but it is from a source close enough to bear mention) that ATF is working on a solution for that but we have not been told if there is a timeframe expected for that.  Hopefully it is today or very soon.

 By now you are likely asking “who exactly does this ruling affect?”  As stated, the ruling is applicable to the plaintiffs and their agencies, political subdivisions, members, and customers—both current and future.  Who are the plaintiffs?  There are actually two cases involved in this litigation that were consolidated and we will list both groups of plaintiffs.

 Silencer Shop plaintiffs: SILENCER SHOP FOUNDATION; GUN OWNERS OF AMERICA, INC; FIREARMS REGULATORY ACCOUNTABILITY COALITION; B&T USA, LLC; PALMETTO STATE ARMORY, LLC; SILENCERCO WEAPONS RESEARCH, LLC (d/b/a SILENCERCO); GUN OWNERS FOUNDATION; and BRADY WETZ.

 Jensen plaintiffs (N/A to AOW impact): JOHN JENSEN; JEREMY NEUSCH; DAVID LYNN SMITH; HOT SHOTS CUSTOM LLC; TEXAS STATE RIFLE ASSOCIATION; FPC ACTION FOUNDATION; and CITIZENS COMMITTEE FOR THE RIGHT TO KEEP AND BEAR ARMS.

 It is important to note that citizens of the plaintiff states are not “agencies, political subdivisions, members, [or] customers”.  It would also normally go without saying but we feel it necessary given the discourse online, this ruling on Federal law has no impact on State prohibitions.  If silencers, SBRs, SBSs, AOWs were prohibited in your state last week, they still are.  If your State law required NFA paperwork last week, it still does.

Will ATF/DOJ announce they will simply not enforce NFA as to these weapons nationwide?  Will several other cases be filed nationwide by different plaintiffs in search of the same relief to broaden the impact?  When do we get to machine guns and destructive devices?

Stay tuned as there is a lot more to come on this ruling and the future impact it will have on all FFLs nationwide.