There wasn’t any new Tennessee gun action over the last seven days, with the legislature adjourned since April. But ATF made the biggest gun news of the week on Friday, Oct. 9, and DOJ gave us a story that hits close to home in the Smokies.

ATF stops requiring NFA approval for suppressors and SBRs

ATF’s director put out an open letter Friday saying that, effective October 9th, ATF “will no longer require individuals to seek ATF approval under the NFA before making or transferring short-barreled rifles, short-barreled shotguns, silencers, and ‘any other weapon[s].'” It won’t require registration either, and the policy applies “to anyone otherwise subject to these requirements, not just to the plaintiffs in the litigation.” But ATF’s letter does not make these items legal in states that still regulate or ban them. If your state restricts suppressors, short-barreled rifles or shotguns, or “any other weapons,” that state law still applies, and you can still be charged under it.

That’s a huge win, and it grew out of the $0 tax Congress passed last year and an August ruling by a federal court in Texas that only covered the plaintiffs. It’s ATF’s enforcement policy, not a repeal of the law, and machine guns and destructive devices are excluded. Background checks and dealer records stay in place, and ATF says to keep filing a Form 20 before taking a short-barreled rifle or shotgun across state lines.

It’s federal only, and state law still applies. ATF says most states make it a crime to possess some or all NFA items, often with an exception for items registered under federal law, so check Tennessee law with a lawyer or local law enforcement before you act on this or take an unregistered item into another state.

Still waiting on Hughes v. Lee

The state’s appeal of the ruling that struck down Tennessee’s “intent to go armed” law and the parks carry ban was argued back in June, and no decision has been reported. Both laws stay enforceable while the appeal plays out, and a ruling could come any day.

From the federal side

• Carry in national park visitor centers? DOJ has reportedly argued in a Texas case that lawful self-defense carry is allowed in park buildings open to the public, like visitor centers in the Great Smoky Mountains. There’s no ruling and the Park Service hasn’t changed its guidance, so it isn’t settled law.
• DOJ reportedly dropped its under-21 handgun appeal, telling the Fifth Circuit it won’t enforce that ban “against anyone, anywhere.” That’s not a nationwide court ruling, though, and the law is still on the books.

Tennessee Gun Owners will be watching for that Hughes ruling, and you’ll hear from us the day it lands.

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For Freedom,

Chris Dorr
Executive Director
Tennessee Gun Owners