Post by Randy on
FWD: Suppressors, SBRs, and SBSs Dear MSSA Friends, Yesterday, a federal court in Texas ruled it unconstitutional for suppressors, short-barreled rifles (SBRs), and short-barreled shotguns (SBSs) to be included in the National Firearms Act (NFA), which requires registration. How did this happen and what does it mean? Congress has limited powers to enact laws, limitations spelled out in the Constitution. These are called "enumerated powers." When Congress passed the NFA, it did so using its enumerated power to tax. Congress required a $200 tax on transfer of NFA items, and purchase of a federal tax stamp for which application and purchaser information was required, and which might or might not result in government permission but did accomplish registration. Again, this was only constitutionally supported by Congress's power to tax. Fast forward to the recent One Big Beautiful Bill passed by Congress, which eliminated the $200 tax on transfer of suppressors (incorrectly called "silencers" in federal law), SBRs, and SBSs. No more tax. With the tax gone, several entities filed lawsuits in federal courts arguing that with no tax to justify use of tax power by Congress, that retention of suppressors, SBRs, and SBSs in the NFA is not within Congress's enumerated powers and therefore unconstitutional. The federal court in Texas agreed with this argument. So, can we all run out and buy these formerly-regulated items over-the-counter, like scopes and slings? Nope, not yet. First, the Texas federal court placed a seven-day stay on its decision giving the government time to file an appeal with the Fifth Circuit Court of Appeals. What will happen is yet unknown. Perhaps the government will not appeal. It is becoming more friendly to the RKBA. It recently withdrew an appeal of another gun case that had a good outcome (for us) in a lower court. And, maybe it doesn't wish to risk a pro-gun precedent being established at the appellate level. Who knows. Stay tuned. Meanwhile, this creates a dilemma in Montana. We have state laws that make it a state felony to possess a suppressor, SBR, or SBS that is not registered with the feds. If the Texas decision sticks, it will not be possible to register these items with the feds, so Montanans will be unable to comply with state law. MSSA already has a bill prepared for the 2027 legislative session to repeal these "orphaned" Montana laws. What about until then? I have discussed this with Montana Attorney General Austin Knudsen. If/when this Texas decision becomes finally effective, our AG is prepared to circulate a memo to all Montana county attorneys and prosecutors announcing that these orphaned Montana laws are unenforceable. Stay tuned for that. There is one more wrinkle worth discussing. If/when the Texas court decision becomes effective, will a 4473 be required to purchase a suppressor? Nobody seems to know. Most people would see suppressors as an accessory, like a muzzle break, flash hider, or scope. You can bet that anti-gunners will argue that suppressors are firearms. I think that's just a dumb argument, but hey, that argument has prevailed for nearly a century. So, stay tuned. I'm sure there will be more information about this coming out soon. Best wishes, -- Gary Marbut, President Montana Shooting Sports Association http://www.mtssa.org Author, Gun Laws of Montana http://www.mtpublish.com
