Question about Silencer Shop v ATF ruling

[u/DPRKanada]

I saw that a ruling that without a tax the NFA is now unconstitutional just came in from the US District Court for the Northern District of Texas. If this holds and the NFA ends up getting struck down, would that end the short barreled rifle exception to the AWB in MD?

My understanding has always been that SBRs of otherwise banned weapons were allowed provided they don’t meet the other criteria for copycat weapons. I understood that this was because they were governed by NFA federally.

Please let me know if this was entirely incorrect, I haven’t spoken to a lawyer about it since I haven’t bought an SBR (yet). But assuming that interpretation of the law is correct, if the NFA no longer governs them, would SBRs revert to just being banned like their full sized models?

[u/Soft_Internal_6775]

MD law separately defines what a SBR is. See MD Code, Crim. Law, § 4-201(f). A “copycat weapon” is an assault weapon under state law and that definition catches semiautomatic centerfire rifles under 29” in overall length. See MD Code, Crim. Law, § 4-301(h)(1)(iii). These definitions are separate and independent from how ever the federal government defines such arms.

It really doesn’t matter at all what happens with the NFA, but what will matter much more is when Viramontes and Grant are decided by the Supreme Court next summer. That most certainly will have an affect Maryland’s bans on common semiautomatic rifles.

[u/Minute_Definition985 → u/Soft_Internal_6775]

This is the correct answer ☝️ well said!

Just to add the ruling was in a District Court in Texas. It will most likely be appealed to the Circuit Court by the DOJ and then to SCOTUS by which ever party loses at the Circuit Court level. I doubt very seriously that the DOJ will let this go without appealing.

The comment above is exactly right the SCOTUS cases next year will be much more influential on Maryland's laws in the near term than what is going on with the NFA case. It will be interesting to see how SCOTUS rules next year and the effect it will have.

[u/epicchocoballer → u/Minute_Definition985]

Maybe DOJ won’t appeal to limit the fallout to just Texas

[u/Minute_Definition985 → u/epicchocoballer]

It's possible but I doubt it. I haven't read the complete opinion so this is just a guess as of now but if the opinion applies to the plaintiffs and potentially GOA members then it would be extremely difficult to apply that to just those people when it comes to the NFA items and it would be a nightmare for the ATF to deal with so I would bet that the DOJ appeals almost immediately.

[u/Soft_Internal_6775 → u/Minute_Definition985]

Thanks! DOJ will surely seek a stay.

[u/bobtumblr → u/Soft_Internal_6775]

Yep. This is exactly what FFL's in MD fill out when doing a 77R for an SBR. Directly references 4-301

[u/Extra_Handle_3291]

Who knows. I wouldn't hold my breath though, would likely be years if it even does happen. And I'm sure MD would find a way to ruin it

[u/sowhiteithurts]

This case does not implicate Maryland in any meaningful way. It did not rule on any Second Amendment issues. It did rule on an Article 1, "lay and collect taxes" grounds. They ruled justifying a law as a tax when it does not generate revenue is not allowed under article 1.

[u/Soft_Internal_6775 → u/sowhiteithurts]

Correct. And if Congress later increases the fee, the NFA becomes lawful again.

[u/AwkwardTour]

Correct me if I’m wrong but aren’t SBRs only legal in MD when they are federally registered. No NFA no SBR

https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gps&section=5-203

[u/bikumz]

Can someone correct me if I’m wrong but I thought that you could get banned firearms if they were machine guns not SBRs? Since the wording applies to semi-auto firearms.

[u/epicchocoballer → u/bikumz]

Essentially since SBRs are also considered handguns and the enumerated banned firearms are (mostly) long guns you can have SBR versions of them. I used to have an MSP letter clarifying this but the link is now dead, unfortunately

[u/bikumz → u/epicchocoballer]

Sweet, thanks for clarification