Talyn
Emissary
Way back in Silencer Saturday #391, we covered the Silencer Shop v. ATF lawsuit in its initial stages.
www.thefirearmblog.com
The crux of that case was that the National Firearms Act was only a valid law because the federal government can charge taxes. The Big Beautiful Bill dropped the amount charged for most tax stamps down to $0. This lawsuit asked the semi-metaphysical question of whether a tax is a tax when it collects no money. Another similar case, Jensen v. ATF, was filed at almost the same time in the same district. That case was ultimately combined with the Silencer Shop case in the interest of efficiency.
Social media and the gun news ecosystem went crazy on August 5th when the judge ruled on these cases. The decision struck down the NFA, at least in most ways, but how exactly it will apply was initially lost in the upswell of excitement. This is a huge win for gun lovers, to be sure. But it is not nearly as cut and dry as many people thought at first glance.
To understand why this is so messy, we have to understand another Supreme Court case. In Trump v. CASA, SCOTUS held (in a 6-3 vote) that federal district and circuit courts (the trial and initial appeal levels) cannot issue orders with nationwide effect. There is an old joke among lawyers that goes “What is the difference between God and a US District Court judge? God knows he is not a US District Court judge.” Before the CASA decision, it was not uncommon for a federal district court judge to hear a case where one person or group disagreed with a federal action, and to issue a nationwide ban on that federal conduct as a result. The arguments for and against this practice are somewhat political, but eventually SCOTUS weighed in to stop it.
CASA is the reason this decision does not apply nationwide. It can’t. Even if the ATF appeals to the 5th Circuit, and that court agrees with the lower court, this decision would only apply to the parties rather than the entire 5th Circuit. The judge took the time to explain that his hands were tied, and that though it would lead to some odd outcomes, CASA is the controlling law and he must follow it.
www.thefirearmblog.com
Silencer Saturday #391: Silencer Shop Sues ATF To Dismantle The NFA
Good afternoon, everyone, and welcome back to TFB’s Silencer Saturday, brought to you by Yankee Hill Machine, manufacturers of the new Victra-12 shotgun suppressor.This week, we are taking a look at a major lawsuit that could upend the NFA.The Silencer Shop Foundation and many partners have a...
www.thefirearmblog.com
The crux of that case was that the National Firearms Act was only a valid law because the federal government can charge taxes. The Big Beautiful Bill dropped the amount charged for most tax stamps down to $0. This lawsuit asked the semi-metaphysical question of whether a tax is a tax when it collects no money. Another similar case, Jensen v. ATF, was filed at almost the same time in the same district. That case was ultimately combined with the Silencer Shop case in the interest of efficiency.
Social media and the gun news ecosystem went crazy on August 5th when the judge ruled on these cases. The decision struck down the NFA, at least in most ways, but how exactly it will apply was initially lost in the upswell of excitement. This is a huge win for gun lovers, to be sure. But it is not nearly as cut and dry as many people thought at first glance.
To understand why this is so messy, we have to understand another Supreme Court case. In Trump v. CASA, SCOTUS held (in a 6-3 vote) that federal district and circuit courts (the trial and initial appeal levels) cannot issue orders with nationwide effect. There is an old joke among lawyers that goes “What is the difference between God and a US District Court judge? God knows he is not a US District Court judge.” Before the CASA decision, it was not uncommon for a federal district court judge to hear a case where one person or group disagreed with a federal action, and to issue a nationwide ban on that federal conduct as a result. The arguments for and against this practice are somewhat political, but eventually SCOTUS weighed in to stop it.
CASA is the reason this decision does not apply nationwide. It can’t. Even if the ATF appeals to the 5th Circuit, and that court agrees with the lower court, this decision would only apply to the parties rather than the entire 5th Circuit. The judge took the time to explain that his hands were tied, and that though it would lead to some odd outcomes, CASA is the controlling law and he must follow it.
Silencer Saturday #444: So What Happens Next With The Big NFA Lawsuit?
Good afternoon, everyone, and welcome back to TFB’s Silencer Saturday, brought to you by Yankee Hill Machine, manufacturers of the new Victra 20-gauge shotgun suppressor.Once again, we have exciting lawsuit news in the world of silencers.Portions of the NFA may be gone for good.
www.thefirearmblog.com
. I already have a couple (9mm for pistols, 9mm for Kuna), some could go ahead and order. But I don’t want to get caught up in the potential shuffle and my order end up in limbo somewhere.
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