No NFA Appeal — Who Is Actually Protected NOW

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Armed Attorneys Emily Taylor and Leslie Cross break down the huge new development in the NFA fight after the DOJ did not ask to stay the injunction in Silencer Shop Foundation v. ATF—and Rep. Andrew Clyde says DOJ has indicated it does not intend to appeal.

So what does that actually mean for gun owners right now?

Who is protected by the injunction? Do you need to be a member of one of the plaintiff organizations? Can you buy a suppressor without a Form 4? Can you manufacture one without a Form 1? And what happens if the law changes again under a future administration?

Emily and Leslie explain which portions of 26 U.S.C. § 5861 and other NFA provisions have been enjoined—and, just as importantly, which restrictions are still in effect, including laws involving altered or removed serial numbers.They also break down who is actually covered today. As the injunction currently reads, Emily and Leslie explain that membership in one of the protected plaintiff organizations matters, and they caution gun owners not to assume the ruling automatically protects everyone while ATF and FFL guidance remains unsettled.

Plus, they discuss:

• Buying NFA items under the injunction• Making or manufacturing a suppressor• Why putting a serial number on a homemade item still matters• Texas law and why Texas gun owners may be in a different position• What FFL dealers are facing without clear ATF guidance• Whether DOJ could still appeal• What happens if Congress puts a tax back on NFA items in the future

Emily and Leslie call this a major legal victory, but they also explain why this is not the same thing as the NFA disappearing forever. The case was based on Congress’s taxing power—not a Second Amendment ruling—which means future political changes could bring another fight.

Texas residents looking for individualized legal advice can visit ArmedAttorneys.com and use promo code ENDNFA.

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