Posted: 8/6/2026 9:17:44 PM EDT
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Yes. I found the lawsuit you're referring to. The 15 states that joined the federal lawsuit challenging the NFA's registration requirements for SBRs, SBSs and suppressors were: Texas Alaska Georgia Idaho Indiana Kansas Louisiana Montana North Dakota Oklahoma South Carolina South Dakota Utah West Virginia Wyoming |
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I think SA Uthmeier has decided that other states are going to do the heavy lifting. I believe he considers certain things more important than others as most people do. You have to remember, most people in office consider the position more than representation to the minority/majority of the state they represent. Simply, the SBR "thing" was lower on his importance list because most of the constituency hasn't shown him otherwise. Just my $.02... V OUT |
" We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm. " George Orwell
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Well let's do some math.... 15 states out of the 50 is some 30 percent of the states took the time to think that was important enough to put their name on... Florida is the third most populous state behind only California and Texas.... untderstand why CA would not be on that list...Texas was the first.... My thoughts... Red |
B Double-O M Spells BOOM - BF
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Does this ruling apply to the citizens of those states or just employees of the states’ agencies? Those states filed based on the burden placed on their employees. All these plaintiffs are joined by 15 states—Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming— who allege that their agencies and employees are injured by the compliance costs associated with acquiring and possessing NFA firearms for law-enforcement purposes. |
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I read this as well. If the 7 stay holds and the DOJ does not appeal, the no NFA would apply to residents of the following states (as long as it also doesn't violate state laws in that state) Texas, South Carolina, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Dakota, Utah, West Virginia, and Wyoming And members of the following organizations: Gun Owners of America, the Gun Owners Foundation, the Firearms Regulatory Accountability Coalition, Silencer Shop Foundation, Texas State Rifle Association, FPC Action Foundation, and Citizens Committee For The Right To Keep And Bear Arms And customers of PSA, Silencerco, and B&T USA Because the injunction remedies the injuries to the plaintiffs, it only covers current and future customers' transactions with the plaintiffs and their commercial members. the Court's injunction does not allow a commercial plaintiff's customer (or the customer of an associational plaintiff's commercial member) avoid the challenged NFA provisions "for all NFA firearms they possess, transfer, sell, make, and manufacture." So it seems it doesn’t apply to local gun shops, homemade suppressors/sbrs etc. So I guess for example, you can’t just buy an 11.5 upper and slap it on an existing rifle lower you have? |
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Originally Posted By Tobysi: I read this as well. So it seems it doesn't apply to local gun shops, homemade suppressors/sbrs etc. So I guess for example, you can't just buy an 11.5 upper and slap it on an existing rifle lower you have? https://johnpierceesq.com/understanding-the-august-5th-ruling-in-the-silencer-shop-foundation-v-batfe-case/ https://silencerco.com/news/nfa-provisions-unconstitutional/?_kx=u7ebEjajsMpDHVA0UjoQBPZlk_RrmaVUMmS4eb8yAA6YP4NWbvNgeGNmZ6F8zCIJ.SVAAsC 790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty. (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms. (2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted. History. s. 10, ch. 69-306; s. 1, ch. 89-312; s. 21, ch. 93-406; s. 1217, ch. 97-102. |
TechGal26 - "I'm not sure if this is a joke or if you are stupid"
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Sturmgewehr-58 - “That's why I have a VPN. I set my location to Israel and I get to view any degeneracy.”
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Originally Posted By Skopsko07734: Yes, it looks like you can do just that provided you are one of the groups covered by this, i.e., a member of the GOA, and you have waited a minimum of the seven days to see if the government is going to request an extension of the stay. The government also has 60 days to file an appeal. The smart thing to do is probably going to be waiting for at least 60 days to see how things shake out before you try to slap an SBR/SBR together; hopefully by that time better legal guidance (From the GOA and Silencer Shop) will have been published. I included a few pertinent links below as well as the SBR/SBS portion of FS 790.221. https://johnpierceesq.com/understanding-the-august-5th-ruling-in-the-silencer-shop-foundation-v-batfe-case/ https://silencerco.com/news/nfa-provisions-unconstitutional/?_kx=u7ebEjajsMpDHVA0UjoQBPZlk_RrmaVUMmS4eb8yAA6YP4NWbvNgeGNmZ6F8zCIJ.SVAAsC 790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty. (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms. (2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted. History. s. 10, ch. 69-306; s. 1, ch. 89-312; s. 21, ch. 93-406; s. 1217, ch. 97-102. But Florida isn’t one of the listed states. Does being a GOA member override that fact? And what about people who aren’t members? |
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Originally Posted By badredfish: Well let's do some math.... 15 states out of the 50 is some 30 percent of the states took the time to think that was important enough to put their name on... Florida is the third most populous state behind only California and Texas.... untderstand why CA would not be on that list...Texas was the first.... My thoughts... Red Because Florida's GOP isnt really all that pro gun. Its Republican. But NY Republican. |
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Originally Posted By Tobysi: But Florida isn't one of the listed states. Does being a GOA member override that fact? And what about people who aren't members? https://www.gunowners.org/ https://shop.gunowners.org/memberships/ |
TechGal26 - "I'm not sure if this is a joke or if you are stupid"
Sturmgewehr-58 - “That's why I have a VPN. I set my location to Israel and I get to view any degeneracy.”
Sturmgewehr-58 - “That's why I have a VPN. I set my location to Israel and I get to view any degeneracy.”
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Originally Posted By Tobysi: But Florida isn’t one of the listed states. Does being a GOA member override that fact? And what about people who aren’t members? GOA is a plaintiff being given relief by this ruling, so the relief extends to its members. Critically, it extends to current and future members. So join GOA ![]() As someone else mentioned, the listed states were plaintiffs on behalf of themselves, AKA state organizations, rather than as "the state and all people of the state". I was a little peeved too when I saw it but the distinction there makes it more understandable that FL didn't join in. At present people who aren't plaintiffs by virtue of membership in an organization or as customers of a business (e.g. PSA) which was granted relief will see no change in the NFA process. The crazy part to me is PSA and a couple others being given such a huge competitive advantage by this ruling. I expect it'll pretty quickly work its way in front of someone who can expand the injunction nationwide if it doesn't get appealed and/or shot down. |
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Originally Posted By WildBoar: Because Florida's GOP isnt really all that pro gun. Its Republican. But NY Republican. Ding Ding !!! The above is the answer. How fast the post Parkland gun control laws went through the legislature and the amount of time and effort it took to get permit less CC and open carry are examples. |
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Originally Posted By RAINBOW6: Ding Ding !!! The above is the answer. How fast the post Parkland gun control laws went through the legislature and the amount of time and effort it took to get permit less CC and open carry are examples. |
Amateur General rating. NRA certified instructor.
NRA EVC. NRA Benefactor. Golden Eagles. SAF life member. GOA member.
NRA EVC. NRA Benefactor. Golden Eagles. SAF life member. GOA member.
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So I don't disagree about the FLGOP being mostly useless on gun rights but again and to be clear those states did not sue for relief for all their citizens and FL joining the case would not have granted relief to all FL residents. If I had to guess, FL agencies probably didn't see it as enough of a burden to seek relief and just decided not to bother. Plus with FL having laws on the books that require NFA compliance they might've not been interested in the weird legal situation that would put their staff in. If anyone in LE or FDLE has any experience with the legal ins and outs of NFA items for state entities that'd be interesting to hear about actually. |
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Originally Posted By Skopsko07734: Yes, joining The GOA will add you to the group allowed to build SBR's, SBS', and suppressors. I saw how committed the FPC and the GOA were to fighting for our rights that I happily dropped $1000 in July of 2025 for a GOA Life Membership as well as a yearly (they don't have Life Memberships) membership with the FPC. As far as building/making, being a GOA member will not cover you. The Form 1 side, making, is covered under Jensen vs ATF. GOA was not named in that portion. SAF, CCRKBA, FPC, and TX Rifle Association are. I joined SAF/CCRKBA (I think..gave them money, didn't get membership info lol). Will be joining GOA as well. Kudos to your contribution. I am waiting to see what happens though before I go ahead with any projects though. Just saw that GTR is selling suppressors under 4473 today. They put a caveat in the sale that customer understands the...paraphrasing here...risk in doing so. |
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Here's the actual ruling: https://shared.nrapvf.org/sharedmedia/1512215/2026-jensen-137-final-judgment.pdf And here's my understanding: Both the SS Foundation, and the Jensen plaintiffs, are protected from enforcement of these laws: 26 U.S.C. § 5812(a)–(b); (transfer of NFA firearms) • 26 U.S.C. § 5822; (making of NFA firearms) • 26 U.S.C. § 5841(a)–(c), (e); (registry of NFA firearms) • 26 U.S.C. § 5861(b)–(f); (more about transfer and making of NFA firearms) • 27 C.F.R. § 479.62(a)–(d); and (applying to make NFA firearms) • 27 C.F.R. § 479.84(a)–(d) (applying to transfer NFA firearms) The NFA firearms in question are those that had a $0 dollar tax stamp on them, as per the Big BB. So MG's and DD's are not covered by this ruling. Anyone in either group can make suppressors, SBR's, or SBS's. SBR's and SBS's are also discussed in the 1968 GCA, which prohibits transfers of them without Attorney General approval which has been interpreted as an NFA form. This is why some shops will sell you a suppressor on a 4473 but not a SBR/SBS. The NFA provision of transfers of them has been struck down, but not the GCA provision. And the GCA, unlike the NFA, didn't have a making aspect, so you can make, you just can't buy, or sell. And the ruling states: permanently enjoined from enforcing the following additional challenged NFA provisions as to untaxed firearms against the Jensen plaintiffs and, where applicable, their members and customers: • 26 U.S.C. § 5842(b); and (engraving of NFA items when made) • 26 U.S.C. § 5861(i). (possessing an NFA item that was not engraved when made) The Jensen plaintiffs are though, not protected from with regards to AOW's, as they apparently did not file with regards to these items: The Court’s permanent injunction does not extend to the NFA’s regulation of “any other weapon” as it relates to the Jensen plaintiffs. See 26 U.S.C. § 5845(a)(5), (e). So: GOA and et all: can make SBR/SBS/AOW's, suppressors. Can buy suppressors, but not SBR/SBS due to the 68 GCA. Should be able to buy AOW's without the NFA process. Jensen Plaintiffs can do that, but not with regards to AOW's. They can avoid engraving a made NFA item. If you're in both groups, you can do all the GOA stuff, and also not have to engrave. Now comically, if you're in both, you can make an AOW, but you have to engrave it, as the non-engraving protection is for Jensen plaintiffs, but they are not protected with regards to AOW's. But you should be able, if in the GOA group, to via 4473 buy an AOW, and not have to engrave it, as you're not making it, just receiving a transfer. Clear as drilling mud? |
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My summary, discuss if you think otherwise: If you're in both groups, as you should be, you can: Buy via 4473 a silencer, or AOW Make a silencer, SBR, SBS, or AOW. Unknow at this point if you can legally sell those items, or the 4473 items, to someone else. Possibly the silencers and AOW's, as those are not GCA controlled. But SBR's and SBS's are, and currently need NFA approval for a transfer. Not have to engrave the silencer, SBR or SBS, but have to engrave the AOW. Now ATF is moving away from the engraving provision via a Proposed Rule. I would assume if you don't need to engrave an NFA item when you make it, after the Rule comes into effect, then you shouldn't be in violation of the law for not having it engraved when you make it via being a part of these groups. |
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Originally Posted By 1stID: My summary, discuss if you think otherwise: If you're in both groups, as you should be, you can: Buy via 4473 a silencer, or AOW Make a silencer, SBR, SBS, or AOW. Unknow at this point if you can legally sell those items, or the 4473 items, to someone else. Possibly the silencers and AOW's, as those are not GCA controlled. But SBR's and SBS's are, and currently need NFA approval for a transfer. Not have to engrave the silencer, SBR or SBS, but have to engrave the AOW. Now ATF is moving away from the engraving provision via a Proposed Rule. I would assume if you don't need to engrave an NFA item when you make it, after the Rule comes into effect, then you shouldn't be in violation of the law for not having it engraved when you make it via being a part of these groups. |
TechGal26 - "I'm not sure if this is a joke or if you are stupid"
Sturmgewehr-58 - “That's why I have a VPN. I set my location to Israel and I get to view any degeneracy.”
Sturmgewehr-58 - “That's why I have a VPN. I set my location to Israel and I get to view any degeneracy.”
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Originally Posted By 1stID: Here's the actual ruling: https://shared.nrapvf.org/sharedmedia/1512215/2026-jensen-137-final-judgment.pdf And here's my understanding: Both the SS Foundation, and the Jensen plaintiffs, are protected from enforcement of these laws: 26 U.S.C. § 5812(a)–(b); (transfer of NFA firearms) • 26 U.S.C. § 5822; (making of NFA firearms) • 26 U.S.C. § 5841(a)–(c), (e); (registry of NFA firearms) • 26 U.S.C. § 5861(b)–(f); (more about transfer and making of NFA firearms) • 27 C.F.R. § 479.62(a)–(d); and (applying to make NFA firearms) • 27 C.F.R. § 479.84(a)–(d) (applying to transfer NFA firearms) The NFA firearms in question are those that had a $0 dollar tax stamp on them, as per the Big BB. So MG's and DD's are not covered by this ruling. Anyone in either group can make suppressors, SBR's, or SBS's. SBR's and SBS's are also discussed in the 1968 GCA, which prohibits transfers of them without Attorney General approval which has been interpreted as an NFA form. This is why some shops will sell you a suppressor on a 4473 but not a SBR/SBS. The NFA provision of transfers of them has been struck down, but not the GCA provision. And the GCA, unlike the NFA, didn't have a making aspect, so you can make, you just can't buy, or sell. And the ruling states: permanently enjoined from enforcing the following additional challenged NFA provisions as to untaxed firearms against the Jensen plaintiffs and, where applicable, their members and customers: • 26 U.S.C. § 5842(b); and (engraving of NFA items when made) • 26 U.S.C. § 5861(i). (possessing an NFA item that was not engraved when made) The Jensen plaintiffs are though, not protected from with regards to AOW's, as they apparently did not file with regards to these items: The Court’s permanent injunction does not extend to the NFA’s regulation of “any other weapon” as it relates to the Jensen plaintiffs. See 26 U.S.C. § 5845(a)(5), (e). So: GOA and et all: can make SBR/SBS/AOW's, suppressors. Can buy suppressors, but not SBR/SBS due to the 68 GCA. Should be able to buy AOW's without the NFA process. Jensen Plaintiffs can do that, but not with regards to AOW's. They can avoid engraving a made NFA item. If you're in both groups, you can do all the GOA stuff, and also not have to engrave. Now comically, if you're in both, you can make an AOW, but you have to engrave it, as the non-engraving protection is for Jensen plaintiffs, but they are not protected with regards to AOW's. But you should be able, if in the GOA group, to via 4473 buy an AOW, and not have to engrave it, as you're not making it, just receiving a transfer. Clear as drilling mud? @1stID So I get joining the GOA - and what that gets you. So Joining the Jensen plaintiffs - would the best way to to that is to join the Citizens Committee for the Right to Keep and Bear Arms? Thank you in advance... Red |
B Double-O M Spells BOOM - BF
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That's who I joined. One year was 15 bucks or such. All the gun groups are worth supporting - tactically if you're looking for who to join and what it'll get ya, the Jensen plantiff group gives you the ability not to engrave when making a can, SBR, SBS. If that doesn't apply to what you're doing, then there's not a benefit to you. |

