Outdoors
Sponsored by

NFA stamp stampede...

18,208 Views | 156 Replies | Last: 23 hrs ago by The Sun
Aggie Infantry
How long do you want to ignore this user?
AG
Follow up video
Why are guns classified as legal or illegal? ATF Agent finds out.
When the truth comes out, do not ask me how I knew.
Ask yourself why you did not.
GeorgiAg
How long do you want to ignore this user?
AG
the worst thing that ever happened was when these were called "silencers" and Hollywood making them sound like a silent but deadly fart. So anyone who has never shot one thinks that's what it sounds like.
schmellba99
How long do you want to ignore this user?
AG
GeorgiAg said:

shalackin said:

why would a supposed conservative, trump appointed, AG allow the DOJ to appeal this against the 2A?

Right now, this is not binding nationwide. A Federal Court in Cali or NY could come out with an opposite holding. We don't want that and like the judge's order here So we NEED this to get appealed to the 5th Circuit and on to the S.Ct. for a nationwide ruling.

Yet when some Hawaii district court judge issues a ruling stating that we have to allow illegals in willy nilly, it is somehow a nationwide ruling.....
The Sun
How long do you want to ignore this user?
GeorgiAg said:

shalackin said:

why would a supposed conservative, trump appointed, AG allow the DOJ to appeal this against the 2A?

Right now, this is not binding nationwide. A Federal Court in Cali or NY could come out with an opposite holding. We don't want that and like the judge's order here So we NEED this to get appealed to the 5th Circuit and on to the S.Ct. for a nationwide ruling.

Hey GA...what happens if DOJ/ATF decides not to appeal? Does the district court then issue a nationwide injunction? Or does this particular group just get to start buying stuff with no stamp and the rest of the country has to keep on as is?
GeorgiAg
How long do you want to ignore this user?
AG
The Sun said:

GeorgiAg said:

shalackin said:

why would a supposed conservative, trump appointed, AG allow the DOJ to appeal this against the 2A?

Right now, this is not binding nationwide. A Federal Court in Cali or NY could come out with an opposite holding. We don't want that and like the judge's order here So we NEED this to get appealed to the 5th Circuit and on to the S.Ct. for a nationwide ruling.

Hey GA...what happens if DOJ/ATF decides not to appeal? Does the district court then issue a nationwide injunction? Or does this particular group just get to start buying stuff with no stamp and the rest of the country has to keep on as is?


I've read a little bit more into it and I really don't wanna speak definitively on it because it's not like it's my case and I'm reading every single thing. I also avoid Federal Court whenever possible (tough deadlines, etc) and only have a handful of cases there at a given time.

The current stay is just a stay against the injunction issued by judge Hendrix against ATF registration by covered parties becoming effective. Meaning for the covered parties, the ATF would be enjoined from enforcing it against them if they don't ask the 5th circuit to extend the stay. The time for appeal is 60 days so we're looking at October as the appeal deadline for the ATF.

Weird scenario. ATF doesn't get the stay extended. Next week the covered parties run amok buying suppressors and SBRs. ATF appeals before the October deadline. They win on appeal. Now everyone who bought an SBR and suppressor is a felon. Ha! Awesome.

Net net. This is a legal mess in its current state and MUST be appealed. Also ATF must ask 5th Circuit to extend the stay or its' bedlam. Plus the state like New York or California or Hawaii have a district judge that issues an opposite rolling and it's even more of a mess.

Gotta appeal.

In baseball, we hit a grand slam and lead 4-0, but it's only the first inning.
Milwaukees Best Light
How long do you want to ignore this user?
AG
Any reason I should wait until October to buy my first suppressor? Or just go ahead and get one?
BenderRodriguez
How long do you want to ignore this user?
AG
Milwaukees Best Light said:

Any reason I should wait until October to buy my first suppressor? Or just go ahead and get one?


Just buy now.

People talked about waiting for Hearing Protection Act and other lawsuits for cans like commerce act stuff.

Not worth waiting on what might be in the future.
GeorgiAg
How long do you want to ignore this user?
AG
Milwaukees Best Light said:

Any reason I should wait until October to buy my first suppressor? Or just go ahead and get one?

buy now. No tax stamp. My sporting goods store has a Silencer Shop kiosk. Super easy to input your info - they do all the work for you.

For my second, I just picked the one out I wanted to buy, paid for it and they said, "we'll notify you when it's ready." From what I've heard and what has been posted here, the wait times are not that bad now.

By the time they appeal to the 5th Circuit and then on to the S.Ct., it's gonna be forever.
junior200414
How long do you want to ignore this user?
AG
Just got my Form 4 approved as an individual in 4 business days. Now the CLEO wait time from Capitol Armory.
Animal Eight 84
How long do you want to ignore this user?
AG
GeorgiAg said:

the worst thing that ever happened was when these were called "silencers" ……


FWIW, I call them silencers because Hiram Maxim patented the first one and named them silencers.
GeorgiAg
How long do you want to ignore this user?
AG
One word of caution if you use Silencer Shop kiosk or something similar. Be sure to login to your account. They require a recently uploaded photo. I bought my last one a couple years ago and it said it was "outdated." Easy fix tho.
The Sun
How long do you want to ignore this user?
Interesting...

GeorgiAg
How long do you want to ignore this user?
AG
I would LOVE to be wrong on my "there has to be an appeal" opinion.
TacosaurusRex
How long do you want to ignore this user?
I thought we already knew this part? That the people that were named were granted relief, but not for the rest of us. What does this change?
"If you are reading this, I have passed on from this world — not as big a deal for you as it was for me."
T. Boone Pickens
techno-ag
How long do you want to ignore this user?
AG
TacosaurusRex said:

I thought we already knew this part? That the people that were named were granted relief, but not for the rest of us. What does this change?
Sounds like the people who were granted relief are going to go ahead and act on that after midnight.
The left cannot kill the Spirit of Charlie Kirk.
tk111
How long do you want to ignore this user?
AG
GeorgiAg said:

I would LOVE to be wrong on my "there has to be an appeal" opinion.

Someone is gonna throw one out at like 11:59 tonight just to twist the knife hard in the heart of hope.
GeorgiAg
How long do you want to ignore this user?
AG
tk111 said:

GeorgiAg said:

I would LOVE to be wrong on my "there has to be an appeal" opinion.

Someone is gonna throw one out at like 11:59 tonight just to twist the knife hard in the heart of hope.

Yep. Not sure if it'll appear on Courtlistener since the petition would be for the 5th Circuit Court of Appeals to extend the stay. I've only been to the Eleventh Circuit COA once and that's my only experience in Federal Appellate Court. That was a while back and I forget the process.

Also, Courtlistener picks up on PACER filings - not sure about what their delay is. I'm not logging into PACER for this - doesn't cost much but is a PITA.
GeorgiAg
How long do you want to ignore this user?
AG
techno-ag said:

TacosaurusRex said:

I thought we already knew this part? That the people that were named were granted relief, but not for the rest of us. What does this change?

Sounds like the people who were granted relief are going to go ahead and act on that after midnight.

Maybe the rationale is to go ahead and create the mess to help force the ATF and Court's hands.
tk111
How long do you want to ignore this user?
AG
GeorgiAg said:

tk111 said:

GeorgiAg said:

I would LOVE to be wrong on my "there has to be an appeal" opinion.

Someone is gonna throw one out at like 11:59 tonight just to twist the knife hard in the heart of hope.

Yep. Not sure if it'll appear on Courtlistener since the petition would be for the 5th Circuit Court of Appeals to extend the stay. I've only been to the Eleventh Circuit COA once and that's my only experience in Federal Appellate Court. That was a while back and I forget the process.

Also, Courtlistener picks up on PACER filings - not sure about what their delay is. I'm not logging into PACER for this - doesn't cost much but is a PITA.

I'd be surprised if there aren't folks with theirs ears to the door in the most likely places, ready to blast it on X the moment it happens.

edit: ...and I'm sure GOA already has an email drafted and ready to send with just a fill-in-the-blank for who is to blame.
txags92
How long do you want to ignore this user?
AG
So if BATFE decides not to appeal, SilencerShop can sell with no NFA process? Who else besides ATF has the standing to appeal the decision?
P.H. Dexippus
How long do you want to ignore this user?
AG
TacosaurusRex said:

I thought we already knew this part? That the people that were named were granted relief, but not for the rest of us. What does this change?

Sweet, that GOA membership is really paying off.
schmellba99
How long do you want to ignore this user?
AG
TacosaurusRex said:

I thought we already knew this part? That the people that were named were granted relief, but not for the rest of us. What does this change?

Dumb question -

I understand that in some instances, court opinions or verdicts only apply to those specifically listed in the suit. But this is way different IMO - the court has determined that a law is unconstitutional. It would be equally unconstitutional for a law to be declared unconstitutional for some people, but not others.

It's a law. It is either a law or it is not a law, there is nothing that, IMO, would prevent the declaration of the law being null and void from not applying to everybody since that same law applied to everybody when it was created.
schmellba99
How long do you want to ignore this user?
AG
tk111 said:

GeorgiAg said:

I would LOVE to be wrong on my "there has to be an appeal" opinion.

Someone is gonna throw one out at like 11:59 tonight just to twist the knife hard in the heart of hope.

Yep.

You know that the Brady Bunch or some other anti-gun group is getting to Hawaii as fast as they possibly can to find a friendly federal judge to issue a ruling contradicting the 5th's ruling on this.
Hewey Calloway
How long do you want to ignore this user?
AG
The Sun said:

Interesting...



I'm curious how this will affect my suppressor that is currently on order from Silencer Shop. Right now it's waiting on the dealer signature on the ATF paperwork...
The Sun
How long do you want to ignore this user?
schmellba99 said:

TacosaurusRex said:

I thought we already knew this part? That the people that were named were granted relief, but not for the rest of us. What does this change?

Dumb question -

I understand that in some instances, court opinions or verdicts only apply to those specifically listed in the suit. But this is way different IMO - the court has determined that a law is unconstitutional. It would be equally unconstitutional for a law to be declared unconstitutional for some people, but not others.

It's a law. It is either a law or it is not a law, there is nothing that, IMO, would prevent the declaration of the law being null and void from not applying to everybody since that same law applied to everybody when it was created.


My logical brain agrees with you. The way it should go would be once the seven days to appeal is up, it should apply nationally since DOJ is the only party with standing to appeal. For whatever reason, it seems like that isn't the case which to me does not compute.

I hate the legal system.
GeorgiAg
How long do you want to ignore this user?
AG
I have one in ATF jail too. Silencer Shop. No idea.

Sporting Good Stores should stay open tonight to 1 am and have a suppressor/SBR party. (I kid. No way I'd do this if I owned one.)

This is a mess.
GeorgiAg
How long do you want to ignore this user?
AG
The Sun said:

schmellba99 said:

TacosaurusRex said:

I thought we already knew this part? That the people that were named were granted relief, but not for the rest of us. What does this change?

Dumb question -

I understand that in some instances, court opinions or verdicts only apply to those specifically listed in the suit. But this is way different IMO - the court has determined that a law is unconstitutional. It would be equally unconstitutional for a law to be declared unconstitutional for some people, but not others.

It's a law. It is either a law or it is not a law, there is nothing that, IMO, would prevent the declaration of the law being null and void from not applying to everybody since that same law applied to everybody when it was created.


My logical brain agrees with you. The way it should go would be once the seven days to appeal is up, it should apply nationally since DOJ is the only party with standing to appeal. For whatever reason, it seems like that isn't the case which to me does not compute.

I hate the legal system.

A Federal District Court Judge in Texas does not have that kind of nationwide power.

The seven-day period is only for the stay on the injunction on enforcing the law.

Law still there.
Court issued an injunction against the ATF from enforcement.
Court issued a stay (pause) on the injunction.

The time for appeal would run in October, I believe. So the nightmare scenario I posted earlier is possible. SS and GOA guys go nuts buying suppressors. ATF appeals and wins. All those guys have illegal suppressors.

They would have to have some kind of amnesty period but still, what a mess.

Come on ATF, just say you aren't going to enforce registration anymore nationwide!
GeorgiAg
How long do you want to ignore this user?
AG
A guy just filed an entry of appearance for GOA. Not sure why he'd do that unless he's an appellate guru and they know this thing is being appealed. Could just be a precaution, tho.

Edit: Scratch that. Middle guy. New associate at the firm representing GOA. ha. Good luck kid! Get to work.

The Sun
How long do you want to ignore this user?
Gotcha. I thought the seven days applies to the appeal also. Does it become nationally applicable if the appeal deadline comes and goes in October?

So yeah, this is set up to be a cluster however...

...what if that's exactly the point? Behind the scenes agreement to make such a huge mess that DOJ has no choice but to concede?
GeorgiAg
How long do you want to ignore this user?
AG
The Sun said:

Gotcha. I thought the seven days applies to the appeal also. Does it become nationally applicable if the appeal deadline comes and goes in October?

So yeah, this is set up to be a cluster however...

...what if that's exactly the point? Behind the scenes agreement to make such a huge mess that DOJ has no choice but to concede?

ATF would be enjoined from enforcement nationwide against the named entities. Gotta check your state law as well, though.

If the ATF lets the stay lapse, I don't see how they don't just abandon registration entirely. All other companies then IMMEDIATELY have what - monopoly, due process, equal protection issues? This sounds like a Con Law final or a bar exam question. What a damn mess.

Silencer Shop and GOA customers/members would have a field day buying SBRs and suppressors. Everyone else is not going to sit by quietly. Also, how is ATF going to figure out exactly what suppressor is Silencer Shop? Cop walks up - "it's a Silencer Shop can, bro!" Wife threw away the receipt. Also, wjould it only apply to members of GOA at the time of filing? If not, then you just have to sign up for GOA when you buy your can or SBR.
turf guy ag
How long do you want to ignore this user?
Could see it opening up some similar lines of thought on the private sale side. "If anyone asks, tell them you bought it through silencer shop, it's all good."
schmellba99
How long do you want to ignore this user?
AG
GeorgiAg said:

The Sun said:

schmellba99 said:

TacosaurusRex said:

I thought we already knew this part? That the people that were named were granted relief, but not for the rest of us. What does this change?

Dumb question -

I understand that in some instances, court opinions or verdicts only apply to those specifically listed in the suit. But this is way different IMO - the court has determined that a law is unconstitutional. It would be equally unconstitutional for a law to be declared unconstitutional for some people, but not others.

It's a law. It is either a law or it is not a law, there is nothing that, IMO, would prevent the declaration of the law being null and void from not applying to everybody since that same law applied to everybody when it was created.


My logical brain agrees with you. The way it should go would be once the seven days to appeal is up, it should apply nationally since DOJ is the only party with standing to appeal. For whatever reason, it seems like that isn't the case which to me does not compute.

I hate the legal system.

A Federal District Court Judge in Texas does not have that kind of nationwide power.

The seven-day period is only for the stay on the injunction on enforcing the law.

Law still there.
Court issued an injunction against the ATF from enforcement.
Court issued a stay (pause) on the injunction.

The time for appeal would run in October, I believe. So the nightmare scenario I posted earlier is possible. SS and GOA guys go nuts buying suppressors. ATF appeals and wins. All those guys have illegal suppressors.

They would have to have some kind of amnesty period but still, what a mess.

Come on ATF, just say you aren't going to enforce registration anymore nationwide!

Yet federal district court judges in Hawaii or Washington have the power to enforce law/not enforce law nationwide.

It doesn't make sense.

If a law is decalred unconstitutional, then by definition it is not a law to begin with and thus has zero weight behind it and whatever punishments that came with that law cannot be enforced.....because it isn't a law.

Our legal system is crap sometimes. Zero logic at all.
txags92
How long do you want to ignore this user?
AG
GeorgiAg said:

The Sun said:

Gotcha. I thought the seven days applies to the appeal also. Does it become nationally applicable if the appeal deadline comes and goes in October?

So yeah, this is set up to be a cluster however...

...what if that's exactly the point? Behind the scenes agreement to make such a huge mess that DOJ has no choice but to concede?

ATF would be enjoined from enforcement nationwide against the named entities. Gotta check your state law as well, though.

If the ATF lets the stay lapse, I don't see how they don't just abandon registration entirely. All other companies then IMMEDIATELY have what - monopoly, due process, equal protection issues? This sounds like a Con Law final or a bar exam question. What a damn mess.

Silencer Shop and GOA customers/members would have a field day buying SBRs and suppressors. Everyone else is not going to sit by quietly. Also, how is ATF going to figure out exactly what suppressor is Silencer Shop? Cop walks up - "it's a Silencer Shop can, bro!" Wife threw away the receipt. Also, wjould it only apply to members of GOA at the time of filing? If not, then you just have to sign up for GOA when you buy your can or SBR.

Unless they are going to stop putting serial #s on them, won't be hard to figure out.
GeorgiAg
How long do you want to ignore this user?
AG
turf guy ag said:

Could see it opening up some similar lines of thought on the private sale side. "If anyone asks, tell them you bought it through silencer shop, it's all good."

Or say you are a protected GOA member. Buy a can, sell/"loan" it to your buddy. Put your Buddy in your Gun Trust. (not sure of the legal ramifications of that) Does the law kick in? Mess. Good Lord, you can't even think of all the legal rat holes you can go down.
GeorgiAg
How long do you want to ignore this user?
AG
txags92 said:

GeorgiAg said:

The Sun said:

Gotcha. I thought the seven days applies to the appeal also. Does it become nationally applicable if the appeal deadline comes and goes in October?

So yeah, this is set up to be a cluster however...

...what if that's exactly the point? Behind the scenes agreement to make such a huge mess that DOJ has no choice but to concede?

ATF would be enjoined from enforcement nationwide against the named entities. Gotta check your state law as well, though.

If the ATF lets the stay lapse, I don't see how they don't just abandon registration entirely. All other companies then IMMEDIATELY have what - monopoly, due process, equal protection issues? This sounds like a Con Law final or a bar exam question. What a damn mess.

Silencer Shop and GOA customers/members would have a field day buying SBRs and suppressors. Everyone else is not going to sit by quietly. Also, how is ATF going to figure out exactly what suppressor is Silencer Shop? Cop walks up - "it's a Silencer Shop can, bro!" Wife threw away the receipt. Also, wjould it only apply to members of GOA at the time of filing? If not, then you just have to sign up for GOA when you buy your can or SBR.

Unless they are going to stop putting serial #s on them, won't be hard to figure out.

That's true. But if the original owner bought from Silencer Shop then the # is a "good" one. Is serial numbering requirement a separate law still intact for future suppressors? I don't know. If no serial #s, then game over.
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.