ATF stopped enforcing NFA paperwork. Fifteen states still might.

ATF says it will no longer enforce NFA registration for suppressors, short-barreled rifles and shotguns, and AOWs. But many states only allow those items if they are federally registered, and Jared Yanis warns that a state prosecutor is not bound by ATF's policy.

The short version

Yanis traces the chain of events. Congress cut the NFA tax on those four categories to zero but left the registration system in place. In the consolidated Silencer Shop Foundation and Jensen cases, Judge James Wesley Hendrix of the Northern District of Texas ruled on August 5th that those requirements could no longer stand on Congress's taxing power for untaxed items. That injunction covers the plaintiffs and certain members and customers. On October 9th, ATF announced it would not enforce the requirements against anyone.

The same day, Firearms Policy Coalition sent letters to attorneys general in 15 states whose laws tie lawful possession to federal NFA compliance. FPC asks each for immediate written non-enforcement guidance, then legislation to repeal the federal conditions. Yanis stresses the letters change no law by themselves.

Key points

• The 15 states: Alaska, Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington and Wisconsin.
• ATF's own caveat: ATF's open letter says its policy does not affect state or local laws, and dealers still may not transfer in violation of them.
• Still enforced: Machine guns and destructive devices remain under the NFA, along with dealer background checks and approval to move SBRs and SBSs across state lines.
• Not permanent: ATF says a future director, a change to the injunction or a new tax could reverse the policy, with no automatic grandfathering.
• Voluntary registration: ATF says it will keep accepting registrations from those who want them.

Bottom line

If you live in one of the 15 states, federal non-enforcement may not protect you from state charges. Get an answer specific to your state before changing how you buy, keep or carry an NFA item, and press your attorney general and legislators for a clear fix.

Source: Jared Yanis