Federal Firearm Licensees (FFLs) may be excused for being skittish about selling suppressors, even after positive results from two recent cases involving federal registration of these firearm accessories.
After all, the NFA’s mandatory paperwork requirement for acquiring these items has been in place for decades. Further, the rulings in Silencer Shop Foundation v. ATF and Jensen v. ATF applied only to a narrow group of plaintiffs and customers of specific businesses.
Needless to say, ATF guidance is sorely needed.
Unregistered NFA items were successfully transferred
Ammoland News learned that “at least four inspections in four states (East Coast, South, Midwest, and Southwest) have occurred at shops that have transferred suppressors on (Form) 4473s. The lawsuits did not trigger these inspections. They were scheduled inspections that just happened to occur after the transfers started.”
What was the outcome?
All four shops passed with 0 violations of ATF policy. Each was a member of the plaintiff groups in the two suits, or the suppressor was transferred to a private individual who belongs to the specific Second Amendment advocacy organizations.
ATF inspectors are apparently abiding by court rulings
In at least two instances, gun shop owners moved items from National Firearms Act (NFA) records under which suppressor registration was mandated to Gun Control Act (GCA) books.
This appeared to satisfy the ATF inspectors, which is good news.
The outlet noted that, while this is not evidence that industry operations inspectors (IOIs) will apply this revised practice evenly in all 50 states, early results are encouraging.
What is needed, and quickly, is for the ATF to provide clarity across the board on exactly who may acquire these formerly NFA-governed items and what the procedure is going forward.
Despite what critics charge, gun shop owners are some of the most heavily regulated entrepreneurs in the nation. The sheer volume of paperwork and hurdles they must clear to ensure potential firearm and weapons accessories purchasers are vetted would shock other industries.
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