A federal judge rules section of the National Firearms Act regulating suppressors and short barreled rifles is unconstitutional.

 

Firearms, two of which are equipped with suppressors. New York Times/Reuters. 

A federal judge in Texas has ruled that the section of the National Firearms Act regulating suppressors and short barreled rifles is unconstitutional. New York Times. The NFA was always justified under tax law, but once Congress removed the $200 tax stamp for suppressors and short barreled rifles, it was no longer constitutional. Gun rights groups sued after Congress acted and this is the first victory against the NFA. The Judge did stay the order to give the defendant, the ATF, a chance to appeal the order, though it is not known if they will do so. 

My Comment:

Some clarifications are in order here. This ruling didn't suddenly rule the NFA act null in void. It only applies to the parties to the lawsuit, which includes several gun rights groups, most notably the Gun Owners of America, manufacturers and dealers, most notably the Palmetto State Armory, and 15 States that join lawsuits, including Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, Wyoming. 

For an individual that wants to buy an NFA restricted item, your options would be to either join one of the gun rights groups or purchase from one of the companies that were involved in the lawsuit, like Palmetto State Armory and Silencerco. And even then, it would have to be legal in your state, some states bar possession of all NFA items, even ones that are legal to own federally. And, of course, you would have to pass the normal background checks you have to do when you buy any new firearm.

Also keep in mind that this doesn't go into effect just yet. The judge gave the federal government seven days to appeal and until then, nothing changes. And there is a good chance that the government will indeed appeal.

There is a chance they won't. The Trump Administration is generally pro-gun and Trump himself signed the bill that caused the lawsuit in the first place. They have even filed lawsuits against gun laws in blue states so it's very possible they will just let this ruling stand. 

However, there is also a good chance they will appeal. It's possible the intuitional inertia will force an appeal. The lawyers at the ATF might not want to give up the power they get from the National Firearms Act and won't want the order to stand. And, given this is the deep state we are talking about, it's possible someone will go rogue. 

Regardless, I think this is a victory. The rules against suppressors and short barreled rifles were always nonsensical. Indeed, suppressors are a safety feature that protects hearing and some countries, notably France, require their use. And short barreled rifles? You can buy a "pistol" that is a de facto SBR anyways, so the regulation is pointless. Especially after last week's incident where a man helped stop a mass shooter with a suppressed FN Five-seveN. 

Time will tell how this plays out. I do think that this portion of the NFA will eventually be destroyed. I guess it would be easy for this specific ruling to be reversed by Congress putting back the stamp tax, but that seems unlikely given the political realities of the foreseeable future. I do hope that the entire bill is removed eventually, I consider the regulations on destructive devices and fully automatic weapons to be just as tyrannical.