What Does the Future Hold for the National Firearms Act?

Yes, the ATF’s new direction with the NFA directives for short-barreled long guns and suppressors is good news for millions of Americans. However, there’s a problem.

There’s a big problem.

See, the Second Amendment Foundation made a note of one thing in particular the ATF included in its press release:

The ATF has released formal guidance and an accompanying FAQ to the public. While the ATF has stated that “[t]he district court’s injunction only benefits the plaintiffs in the litigation and the other persons specified in the district court’s order,” it has opted, as a matter of “enforcement discretion” to “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).” However, ATF acknowledges that “Department could rescind the enforcement guidelines,” which still means that being a member of an organizational plaintiff (CCRKBA) provides a more robust protection solution. 

(Emphasis mine)

So what does this really mean, though?

Well, the way I see it, we’ve got two years to do things needed to make this stick. The first is for everyone who can to get a short-barrel rifle or shotgun, a suppressor, or preferably all three. The reason? We can’t guarantee the next administration is pro-gun. In fact, we should assume it will be downright hostile toward the Second Amendment. Hopefully that won’t be the case, but better to be safe than sorry.

That means we need to flood the market to create two conditions, either of which may not be enough to end a restoration of the old NFA rules in and of themselves, but in tandem make it unwise to try and roll things back.

First, if millions upon millions of Americans decide to buy these firearms, then it will create a bit of a logistical nightmare for trying to roll back the rules. Especially when there’s no Form 4473s for some of these. For example, those who dropped a pistol upper into their AR rifle lower aren’t going to show up in an audit of gun stores’ paperwork. Neither will the guy who took a hacksaw to his Mossberg 500.

Even beyond that, though, there are three words we need to remember here: in common use.

The Heller decision entered this phrase into the gun rights lexicon, and while I have a massive problem with it and how it will impact future technologies, it’s part of the legal precedent on guns. If there are 50 million formerly NFA items in private hands, then the term comes into play on our behalf. Now, trying to roll the law back means we’re dealing with something in common use, and thus immune from heavy restrictions like you’d find in the NFA.

But we have a short window, and a lot of us are stuck in states where we’re not excluded from having to do this sort of thing. Believe me, finding out you’ve still got to go with the NFA paperwork just the same is kind of a kick in the crotch. Especially after you’d already decided to SBR and suppress your household AR, along with a forced-reset trigger.

Ouch.

Anywho, for those of us who can’t, it’s imperative the rest of you step up and take advantage of this opportunity if you can. We’ll thank you for it later, I’m sure.

Editor’s Note: President Trump and Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense.

Help us continue to report on their efforts and legislative successes. Join Bearing Arms VIP and use promo code FIGHT to receive 60% off your membership.