|
Originally Posted By MateFrio: 3. Named Commercial Plaintiffs & Their Direct Customers The injunction covers these specific commercial businesses and their current and future customers (for transactions conducted directly with these companies):
4. Organizational/Associational Plaintiffs & Their Members
I put all those organizations on a card. Between PSA, GOA, GOF, FPC, B&T, I already got a bingo. Didn't even need the free space. |
Joined:
Jun 2025
Posts:
3306
EE: 100% (57)
UT, USA
Member
Joined:
May 2026
Posts:
87
EE: 0% (0)
FL, USA
|
Attached File Any idea how this affects FL law? As I see it above, if NFA is shit canned for SBRs, they are all therefore legal under federal law. |
USPSA Master Race
Joined:
Feb 2023
Posts:
26685
EE: 100% (49)
WI, USA
|
Originally Posted By Glocked: Beautiful, ain’t it? Indeed. But also, let’s see where it goes and how long it takes. As noted a few posts above, these things can take years to work themselves out. I’d love nothing more for this to work out in our favor though. Common sense has to overrule at some point. |
America, turn to God because only He can save us!
Joined:
Apr 2008
Posts:
33636
EE: 100% (341)
TN, USA
|
Originally Posted By MateFrio: 1. The Specific Laws Being Blocked The court permanently enjoins the government from enforcing the core NFA regulatory machinery against protected parties for untaxed items (silencers, SBRs, SBSs, AOWs). The enjoined statutory and regulatory codes are:
Because the Jensen plaintiffs raised specific challenges to marking requirements, the judge also enjoined enforcement of:
The judgment officially dismisses the plaintiffs' Second Amendment claims without prejudice as "abandoned". Because the plaintiffs won completely under Article I (Enumerated Powers), the judge exercised judicial restraint and chose not to issue a ruling on Second Amendment grounds. 4. Case Closure & 7-Day Administrative Stay The judgment directs the Clerk of Court to close the case and reiterates the seven-day stay. This gives the Department of Justice seven days from entry (until August 12, 2026) to request an emergency stay from the Fifth Circuit Court of Appeals before the injunction actively stops ATF enforcement for protected parties. ______________________________________________________________________________________ Under the Court's Memorandum Opinion and Order (Dkt. 136) and Final Judgment (Dkt. 137), the permanent injunction applies only to the following specific entities, individuals, and affiliated groups: 1. Individual Plaintiffs
The injunction protects these 15 state governments, including their state/local law enforcement agencies and political subdivisions (e.g., city/county law enforcement acquiring NFA items for official use):
3. Named Commercial Plaintiffs & Their Direct Customers The injunction covers these specific commercial businesses and their current and future customers (for transactions conducted directly with these companies):
4. Organizational/Associational Plaintiffs & Their Members
Key Exceptions & Scope Limits Non-Party Customers:
Exclusions:
Where is tennessee? |
And it shall come to pass that whosoever shall call on the name of the Lord shall be saved.-- Acts 2:21
"The only reason after 250 years that the Government now wants to disarm you, is they intend to do something you would shoot them for."
"The only reason after 250 years that the Government now wants to disarm you, is they intend to do something you would shoot them for."
|
Originally Posted By FreefallRet: If the NFA goes away I am dusting off my CC. Still I have cans and FRTs, just no SBRs. If cans and SBRs fall off the NFA and become normal firearms and accessories (as they should) I am waiting a few months for the dust to settle cost wise. This would also probably lead to a surge in development for suppressors as the market will expand exponentially. |
Joined:
Jun 2025
Posts:
3310
EE: 100% (57)
UT, USA
|
Originally Posted By FreefallRet: If the NFA goes away I am dusting off my CC. Still I have cans and FRTs, just no SBRs. @FreefallRet retired and no SBRs?! To be fair I did wait to get my first SBR last year before the tax went to 0. I have 6 stripped lowers I need LPK and tubes for, who has the cheapest decent LPK? |
|
Originally Posted By Never_A_Wick: Indeed. But also, let’s see where it goes and how long it takes. As noted a few posts above, these things can take years to work themselves out. I’d love nothing more for this to work out in our favor though. Common sense has to overrule at some point. Originally Posted By Never_A_Wick: Originally Posted By Glocked: Beautiful, ain’t it? Indeed. But also, let’s see where it goes and how long it takes. As noted a few posts above, these things can take years to work themselves out. I’d love nothing more for this to work out in our favor though. Common sense has to overrule at some point. It’ll likely take some time. Thankfully in the mean time with $0 tax and the previous proposed rule changes that will do away with most of people’s complaints. All the tools needed are in place until then for people to continue inflating the numbers owned by civilians drastically. |
Not everyone gets to be an astronaut, the world needs pole dancers too. ~Observer
|
Originally Posted By Alien: I like gun laws being declared unconstitutional by judges.  Also I like boobies. Two of the best things! |
PROUD AMMOSEXUAL
Founding father Tench Coxe
“Their swords, and every other terrible implement of the soldier, are the birthright of an American."
Founding father Tench Coxe
“Their swords, and every other terrible implement of the soldier, are the birthright of an American."
Member
Joined:
May 2026
Posts:
89
EE: 0% (0)
FL, USA
Joined:
Oct 2022
Posts:
3803
EE: 0% (0)
AL, USA
|
Originally Posted By ttushooter: how has congress refused the tax to be paid? You still pay that $200 on transferables if you mean the hughes amendment, i dont see how this ruling changes any of that. Umm they can tax legacy nfa mg’s all day but NEW mg’s are technically not subject to any tax so…??? |
Joined:
May 2024
Posts:
848
EE: 0% (0)
VA, USA
 MASSIVE BREAKING NEWS! FEDERAL COURT DECLARES NFA UNCONSTITUTIONAL! |
|
Originally Posted By SteelonSteel: Well I was considering what it means where most of that stuff is codified in NYS laws prohibiting SBS, SBRs, etc. I think there was a chink in their armor for some “Others” but that was it. My thought went to the next step suing NYS for prohibitions on firearms in common use as they will be once federally deregulated. They’re already covered in my opinion as protected by the second as there was no historical text and traditions of laws in the founding period against them. But I just sit in the bleachers with my popcorn watching the pros work.  Originally Posted By SteelonSteel: Originally Posted By JAD: Originally Posted By GenYRevolverGuy: When we got the $0 tax pushed through Congress, there was a TON of bitching about it here. Not good enough, the Ds can change it back and make it worse, etc. What wasn't appreciated was that it was more or less like capturing a little island called Tinian. The average guy has never heard of it and can't find it on a map, but it turns out Tinian might have been very important. Now the airfield is operational, and a new kind of bomber just flew its first sortie to the enemy homeland. The kind that could (eventually) end up screwing over residents of states that have state level prohibitions with exceptions for those registered under the NFA.... Well I was considering what it means where most of that stuff is codified in NYS laws prohibiting SBS, SBRs, etc. I think there was a chink in their armor for some “Others” but that was it. My thought went to the next step suing NYS for prohibitions on firearms in common use as they will be once federally deregulated. They’re already covered in my opinion as protected by the second as there was no historical text and traditions of laws in the founding period against them. But I just sit in the bleachers with my popcorn watching the pros work. Next logical step. As someone else posted earlier. If they cannot bar AR’s (coming June 2027), then they can’t ban guns by length or sound level… |
|
Originally Posted By madmacs69: And attorneys have an obligation to represent THEIR client to the best of their abilities. They took the 30 pieces of silver after all  Originally Posted By madmacs69: Originally Posted By M855Bukkake: Originally Posted By madmacs69: Originally Posted By M855Bukkake: If only we had a man on the inside, that could make sure the ATF files an appeal to SCOTUS, but the appeal is so legally unsupportable yet so egregious that SCOTUS has to immediately address it and rule against it nationwide.  Sounds like an ethics issue... You're right, tyrants violating rights is an ethics issue. As are people defending those violations. And attorneys have an obligation to represent THEIR client to the best of their abilities. They took the 30 pieces of silver after all Do you own a bunch of transferrable MGs or something? |
|
Originally Posted By giantpune: Does this apply to certain groups of individuals? Like GOA lifetime members? I got the hat, plaque, and the little plastic card. Then we can challenge it further on equal protection grounds. How is it legal for a ruling to apply to just one group of people? If a court rules, that ruling should apply atleast throughout that court's jurisdiction. |
|
Originally Posted By madmacs69: The odds of the Hughes amendment getting passed by a voice vote with no recorded vote were tiny too, and yet... here we are. Originally Posted By madmacs69: Originally Posted By M855Bukkake: Originally Posted By madmacs69: Originally Posted By MK3110: How? Once SBRs, SBSs, and silencers are removed from the NFA they won’t be able to add the tax back through the budget reconciliation process. They’d have to craft completely new legislation to tax them again. And if they add the tax back, at even $1 they effectively kill any appeal before it gets to SCOTUS. If it isn't appealed, doesn't it only affect 1 circuit? The odds of Congress doing that are tiny. The odds of the Hughes amendment getting passed by a voice vote with no recorded vote were tiny too, and yet... here we are. Oh please, times have changed. Congress barely manages to reauthorize the existence of the Army or raise their own spending limits currently. They ain't doing shit. |
|
Originally Posted By ValDurant: https://www.ar15.com/media/mediaFiles/615960/1000013164_jpg-3806558.JPG Any idea how this affects FL law? As I see it above, if NFA is shit canned for SBRs, they are all therefore legal under federal law. Knowing FL some poor person might have to be a test case but if federally legal firearms are exempt and there are no federal laws against them then they should be presumed legal and exempted. |
|
Originally Posted By JAD: The kind that could (eventually) end up screwing over residents of states that have state level prohibitions with exceptions for those registered under the NFA.... I guess we should stop trying to expand the 2A because some states are retarded and have to be dragged into the 21st century kicking and screaming. We need to petition the court to reverse this ruling for NY's sake. |
|
Originally Posted By FreefallRet: Possible future NFA elimination for suppressors, short barrel rifle and shotguns. Since there is a zero NFA tax, no reason to register via the NFA. |
¯\_(?)_/¯
|
Originally Posted By Nickel_Plated: I guess we should stop trying to expand the 2A because some states are retarded and have to be dragged into the 21st century kicking and screaming. We need to petition the court to reverse this ruling for NY's sake. Originally Posted By Nickel_Plated: Originally Posted By JAD: The kind that could (eventually) end up screwing over residents of states that have state level prohibitions with exceptions for those registered under the NFA.... I guess we should stop trying to expand the 2A because some states are retarded and have to be dragged into the 21st century kicking and screaming. We need to petition the court to reverse this ruling for NY's sake. The 2A will probably expand moderately in some states, greatly in others, and be crushed in more states than you might think. The true effect will not play out anytime soon, and may be significantly affected by a couple of cases at SCOTUS yet to be ruled on. |
|
Originally Posted By Mike_314: I do. But if approvals disappear nothing is going to happen overnight. An MI is pretty much a blue state. It sucks, it truly does, but that's life. Some people get an easier deck to play than others. When it comes to gun rights, some states have the deck stacked against them. If Michiganders were less accepting of gun laws, they wouldn't have to work so hard to have them overturned. Either fight the laws now, or fight them later. Or move. Fighting them later is usually harder because PrEcEdEnT. |
Big girls make all your dreams come true!
Joined:
Dec 2001
Posts:
62850
EE: 100% (4)
WV, USA
USPSA Master Race
Joined:
Feb 2023
Posts:
26689
EE: 100% (49)
WI, USA
|
Originally Posted By GenYRevolverGuy: When we got the $0 tax pushed through Congress, there was a TON of bitching about it here. Not good enough, the Ds can change it back and make it worse, etc. What wasn't appreciated was that it was more or less like capturing a little island called Tinian. The average guy has never heard of it and can't find it on a map, but it turns out Tinian might have been very important. Now the airfield is operational, and a new kind of bomber just flew its first sortie to the enemy homeland. Excellent analogy. I was as disappointed as anyone here when we came SO CLOSE to having SBRs and cans come off the registry. And yeap, I felt cheated by ONLY getting the $0 tax "consolation prize". But 100%... we're moving closer and closer to that goal. I've been a part of the gun community since the 80's.. and this is the closest we've come! And moving closer every day! |
Damn Yankee
|
Two hypotheticals: 1) Let's say it's next month and no appeals court has given an injunction, so this court's ruling is in effect. If someone were to transfer a silencer that they currently possess to another person (let's make them both residents of the same state doing a private transfer without involving an FFL), would both the transferor and the transferee need to be a member of a group covered under the ruling (e.g. the GOA), or would only one need to be? If only one, would it matter if it's the transferor or transferee? 2) Let's say it's next year, and a GOA member has done a transfer of an NFA firearm while not following the NFA, as allowed by the court's ruling. Then they let their GOA membership expire. Are they now not covered by the ruling and they must continuously keep membership in the GOA or one of the other covered plaintiff organizations, or would they be covered because they were a member when the transfer occurred? |
|
Originally Posted By SturmgeschutzIII: No I think there's a 7 day period before it takes effect for appeals to be filed. Plus I'm not clear on who this applies to. Originally Posted By SturmgeschutzIII: Originally Posted By WEAPONIZEDSTUPIDITY: So hypothetically right now ; a Texan can install his oil filter adapter on to his threaded barrel handgun , screw on an oil filter , and safely shoot at something and there be no legal repercussions? No I think there's a 7 day period before it takes effect for appeals to be filed. Plus I'm not clear on who this applies to. Look back at my post. |
Illegitimi Non Carborundum
DEXAI
DEXAI
|
Hope so, but the pessimism in me thinks they will add the $200 tax back on to prevent this from happening, or worse, get the dems proposed $5000 tax added. But fingers crossed sbs, sbrs n suppressors become purely 4473 , cash n carry soon. |
Psalm 144:1,
"Blessed be the LORD, my rock, who trains my hands for war, and my fingers for battle,"
"Blessed be the LORD, my rock, who trains my hands for war, and my fingers for battle,"
|
Originally Posted By Never_A_Wick: Just think of all the fun you could have experimenting with making your own. I would very seriously consider buying a lathe just for experimenting with making cans. Without a doubt a 3D printer. You mean like buying some stuff at the local Dollar Tree to see just how simple of a design you can build? Attached File |
Not everyone gets to be an astronaut, the world needs pole dancers too. ~Observer