The ATF has finally issued guidance and ruling on the NFA Injunction out of Texas. Which effects suppressors, SBR (Short Barreled Rifles), SBS (Short Barreled Shotguns), and AOW (All other weapons). Simplified the ATF Ruling says the following:
- They are CHOOSING not to enforce the NFA for suppressors, SBR, SBS, and AOW.
- Form 20 still will be required for transporting SBR and SBS across state lines.
- State laws are still applicable for all items
- The injunction still only applies for the listed parties (So you should get a GOA membership still!)
- The enforcement of the law may change down the road (AKA new admin might decide to prosecute)
Obviously this is not legal advice and you should seek that of an attorney. You can read the ATF Ruling on their website . That choosing portion leaves things open for the future.
What this means for our shop and customers is this:
- We are selling suppressors and AOW’s on 4473 (Normal firearm background check form)
- SBR and SBS are still done on form 4 because of state law.
While we would like to transfer a SBS or SBR on just a 4473 there is a huge issue in Virginia on them. Virginia Code § 18.2-300 goes into defining and owning these items. The big problem is under section 303 that says “possessed in compliance with federal law”. If the law isn’t enforced, but the law still exists then the procedures aren’t being followed so that could get you a felony. We think that is a pretty major risk to customers and ourselves. So we recommend and are requiring form 4’s or form 1’s for SBR and SBS.
Combine this with the fact that the ATF has warned that enforcement may come later and they currently don’t have a procedure yet on transferring either SBS or SBR without attorney general approval (Only possible on a form 4 right now). This leaves you open to prosecution down the road.
So recap: Suppressors and AOW are good to go on a 4473, while we are waiting for forms to be made by the ATF for SBR and SBS.