ORLANDO, Fla. — A Texas judge’s ruling that found national registration requirements for certain guns and suppressors unconstitutional could change how Floridians buy those items, though gun shop owners and legal experts said they are waiting for state guidance before changing sales practices.
The ruling from U.S. District Judge James Hendrix was filed Aug. 5 and gave the federal government one week to appeal, which did not happen in the one-week window.
The ruling applies to items such as suppressors, short-barreled shotguns and short-barreled rifles. The Associated Press reported that after a $200 permit tax on the devices was eliminated, the judge found that it did not make sense to require national registration for purchases of these items regulated under the National Firearms Act, dating back to the 1930s.
“So what that has done is that is taking these firearms out of the NFA category and has now allowed people to try and purchase them without having to register them and go through all the additional steps that the National Firearm Act requires,” attorney James Phillips said.
Phillips is a partner for Katz and Phillips in Orlando and specializes in firearm law.
“Before, if you wanted to purchase a suppressor, you had to purchase it. You had to do fingerprints. You had to send a passport photo. You had to wait for ATF to approve and stuff,” Phillips said.
Phillips clarified that the ruling applies specifically to Gun Owners of America members or those who purchase a suppressor from select sellers.
The ruling’s effect may also vary by state.
“The problem we’re going to have here in Florida is the federal law has been found unconstitutional, for example, (Gun Owners of America) members who want to buy a suppressor. Florida law is silent on suppressors, so they’re pretty good,” Phillips said. “But if a Floridian wants to buy a short-barrel rifle, we still have the state law statute that does provide an affirmative defense to possess a SBR or SBS.”
Phillips said he is advising clients to wait for state guidance before selling items under the new ruling.
“If the provision, which was the National Firearm Act, allowed you to be in compliance for state law, that provision has been found unconstitutional by this court,” Phillips said. “So now we do not have a provision of law for you to lawfully own possess a firearm. So it brings up a whole lot of questions.”
He added, “Everyone needs to understand, especially here in Florida, this just recently happened. There are a lot of questions out there. ATF has not provided any guidance. I know a lot of firearm stores, gun stores, FFLs, lot of them have questions, because it’s easier to buy a short barrel rifle than it is to sell it because FFLs have certain additional requirements that were not found to be unconstitutional that they’re going to have to comply with.”
Marc Bernstein, owner of Orlando FFL Gun Shop, said customers have already been contacting the store asking about the impact of the new ruling on gun purchases in Florida.
“It would basically just cut out the wait time and all the red tape that’s existed forever for those items,” Bernstein said.
Buyers who want suppressors or the specific guns named in the ruling would still need a background check, as they do for a pistol or rifle. They said buyers could potentially complete same-day purchases if they already have a permit, instead of waiting months as some did in the past.
His business is not making immediate changes while it waits for direction from authorities.
“Our hope is, of course, that, you know, suppressor sales skyrocket,” Bernstein said. “But as of right now, it’s hard to really tell because we haven’t really got any guidance from any of the local agencies, FDLE or the attorney general, or ATF.”
Bernstein said the historical context of this, that nearly 100 years have passed since the National Firearms Act took effect, is why many call this a victory.
“It was right after the Great Depression. They didn’t want people illegally poaching or hunting because people were still financially unstable,” he said. “Then, of course, organized crime. It was machine guns and short-barreled shotguns. So they threw it all in there. It’s just been sitting there for 100 years. So, I think, yeah, it’s a huge win for us. I think it’s great for the customers.”
Moms Demand Action for Gun Sense in America and Everytown for Gun Safety criticized the Department of Justice for not appealing the ruling. In a joint statement involving both groups, as well as Brady and GIFFORDS, wrote that the DOJ “failed to protect foundational federal gun safety law” and said, “Today, the gun industry and silencer dealers are celebrating, while Americans are left less safe.”