On Friday, amid confusion over the fallout of an injunction against remaining National Firearms Act (NFA) requirements, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) released much anticipated guidance.
The agency declared that it “will not enforce the NFA against any person as applied to the domestic manufacturing, possession, and transfer of short-barreled rifles, short-barreled shotguns, silencers, and any other weapons (concealable firearms other than pistols and revolvers).”
Injunction created weeks of uncertainty around NFA items
On August 5, a federal judge agreed that Congress’ elimination of the tax that supported registration requirements also eliminated the need to register these items with the government.
While the ruling was celebrated, the path forward was anything but clear. Would only the narrow group of plaintiffs benefit from this course correction, or would it apply to all law-abiding Americans?
After all, penalties for breaking federal law on these items were severe. With last week’s announcement, the ATF did a service to millions of Americans who treasure the right to keep and bear arms.
But will it last?
ATF warns that victory may be fleeting
The ATF warned that this significant victory may not be permanent and that future administrations can, and likely will, seek to roll back this progress.
“Material changes in legal or factual circumstances could cause NFA enforcement to resume. For example, Congress could impose a new tax on NFA firearms, the district court’s injunction could be dissolved or overturned, or the Department could rescind the enforcement guidelines,” the agency noted.
There has inarguably been significant progress in rolling back federal overreaches related to Second Amendment rights. But by no means is the struggle over, not by a long shot.
Gun rights supporters are duty-bound to stay abreast of the changing political landscape, support those groups that support our fundamental rights, and determine which lawmakers are serious about protecting our sporting traditions.
Stay tuned.
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