Thanks to an open letter and FAQ published Friday by the ATF, many of the questions left by the August 5 injunction issued in the case of Silencer Shop Found. v ATF in the Northern District of Texas have been answered. This injunction ruled multiple parts of the National Firearms Act (NFA) unconstitutional and enjoined the ATF from enforcing them, but the results applied only to the plaintiffs. That not only raised many questions, it created a situation where a member of the Second Amendment Foundation or Gun Owners of America could walk into a gun store and buy a suppressor over the counter while it would be illegal for a non-member to do so.
The biggest news is that the ATF said it will treat all legal gun owners the same, whether they are a member of GOA or SAF or not. There will not be two sets of rules; just one that applies to everyone. So everyone benefits from the lawsuit, not just the plaintiffs. That’s great news!
There has been a great deal written and many YouTube videos published to cover the lawsuit and, more recently, the ATF letter and FAQ. Use the links above to read the documents yourself. Then go to YouTube to find videos by well-known attorneys and guntubers in this space. I will not repeat their findings here, but I will tell you it is good news that increases the freedom of all Americans and especially of gun owners.
Things I Can Now Legally Do
Please read our disclaimer and remember that I am not an attorney and cannot offer legal advice. I can, however, tell you what I am going to do now that “we the people” have broader authority to manage some categories of firearms without the restrictions imposed by the NFA.
Turn AR Pistols into SBRs
In the very near future, I will remove the pistol brace from my 5.56 AR-style pistol and replace it with a stock, making an SBR. What is the difference, you ask? Not much. If you showed a gun with a pistol brace and an identical gun with a stock to someone who did not know or use guns, I doubt they could tell you the difference. But not only could the “experts” at the ATF tell, they would arrest you, fine you hundreds of thousands of dollars and send you to jail for up to 10 years if you got it wrong. Because the section of the NFA that taxed and regulated short-barreled rifles (SBRs) is now enjoined, the ATF cannot do that any longer. Individual gun owners can legally make their own SBRs while filing no paperwork.
If I have a rifle with a 16-inch or longer barrel, I can remove that barrel and replace it with one under 16 inches and create an SBR. A common choice for a 5.56 might be 10.5 or 11.5 inches. A common choice for a .300 Blackout might be closer to 8 inches. Either will result in a shorter, lighter, handier gun that will be easier to use in a vehicle or in confined spaces, like clearing a building. It won’t be as effective at long range, however, because shorter barrels mean lower velocity.
I might find it easier to buy a new upper with a shorter barrel and put it on an existing gun. That would create an SBR, but I would have to be careful about swapping back to the upper with the longer barrel until I have done some research. I do not know if a rifle can move from standard to SBR and back again.
Make a Short-Barreled Shotgun
I bought a Mossberg Shockwave years ago, when it first came out and was novel. I thought it was badass, but after some use, I found it to be plain old bad. It became a gun I regretted purchasing.
Oh, I still own it, because I hate to sell a gun, and there are some use cases for it, but I learned I favor full-length stocks on my shotguns.
With the recent court case and ATF guidance, it should now be legal for me to remove the Shockwave’s bird’s-head grip and replace it with a shoulder stock, creating an SBS, or short-barreled shotgun. I might even obtain a folding stock, which would give me most of the advantages of the shockwave’s compact size along with the advantages of a traditional stock.
If you prefer the old hacksaw method of making an SBS, its probably legal now, if inelegant.
Buy a Suppressor Without ATF Permission
Until now, buying a suppressor required filling out extensive paperwork and sending in my fingerprints and photo to the ATF. That is no longer necessary. As long as local state law allows it, we can all go into a local gun store and buy a suppressor as easily as we can buy a Glock or a Sig. And since I have a concealed carry permit, I don’t even need to wait for the instant check. I am pre-approved.
That’s a far cry from the months of waiting I had to do while Biden was president.
Build a Suppressor
If I had welding skills or an expensive 3D printer (sadly, I don’t have either), I could legally make my own suppressor. That would be cool, but it is too late for me to start a machine shop.
My hope is enterprising companies will offer suppressor build kits. I envision these being like the 80 percent lower kits that allow you to build your own handgun. Maybe you need to drill out an end or thread a hole before you can have a working suppressor.
It may take some time, and a few lawsuits, before suppressor build kits reach the market, but I have my fingers crossed.
In the meantime, it is now legal for individuals to make their own suppressor. You just can’t sell them.
Final Notes
While this represents significant changes, some things do not change:
- Local and state laws are unaffected. If you live in a state that bans SBRs, the ATF letter does not change that. Check your local laws or consult an attorney if you are unsure how to proceed.
- There are still limits on buying SBRs. Until the ATF clears this up, it is safer to buy a pistol and convert it into a SBR.
- Many suppressors are already sold out. I expect subsonic ammo will be next. Either get on a waiting list or be prepared to wait even longer. In a year or two, availability will go up and prices should drop as the market stabilizes.
- While the NFA changed, the Gun Control Act did not. Some requirements related to NFA items—like traveling with them across state lines—still carry restrictions.
- Expect the ATF to release more guidance in the coming months.
