Interesting post over on the NFA sub reddit. A user who had emailed asking about the status of his Amnesty Form 1 screen shot the return email that stated all Amnesty Form 1s that are in process are on hold pending resolution of the nationwide injunction that was put in place last week. This does not surprise me. Interesting conversation ensued around what would theoretically happen to the approved Amnesty Form 1s should the rule get overturned. Responses ranged from " I dont need no stinking permission slip" to “Your Form 1 is going to be nullified” to “The approval being contingent on the final rule only referred to the tax stamp amnesty and the ATF will leave them stand.” Definitely an interesting conversation. I have no opinion one way or another because, well, government.
I have my opinion on what will happen when this rule is overturned, but the only correct answer at this point is to wait and see.
Whatever happens the class action lawsuit will be fun to watch.
How many amnesty stamps were issued before the injunction?
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Not sure how many were approved but something like 250k were submitted.
Knowing the ATF they will probably invalidate your amnesty Form 1 and say you now have an illegal, unregistered SBR.
Lol. I wouldn’t doubt it one bit. Then they’ll ask congress for a budget increase to fund enforcement!
The reason I asked is if they invalidate them then you have 250k or whatever SBRs and FPC/GOA could have enough legal cause to challenge that part of the NFA.
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That thought had crossed my mind as well. The smart move for the ATF would be for them to accept the amnesty form 1s and move on from it. Because, like you said, making a thing about it could give standing to a group of people to challenge the SBR part of the NFA. If they revoked them I’d probably just resubmit and pay the stamp. It’s not like I don’t already have 5 or 6 stamps in my name.
Of course, there’s no way to know what the ATF will actually do because they don’t follow the law. That said, I think one thing to keep in mind is that the power of amnesty is based on law that delegated the President said power. He can do an amnesty at any time. Nothing in the law allows the President to revoke an amnesty. That would completely defeat the purpose of having them and pretty much any should toss out any charges based on a revoked amnesty. In theory, a court could toss out the amnesty, but I don’t see that happening. The solution here is simple. Those who don’t want their guns in the registry can just send a letter to the ATF removing them. We’ll see what happens.
What do you think the chances are that the ATF actually deletes the registration information they already collected? My guess is slim to none. But it does get you out of the SBR constraints on transport etc.
Talk about a complete fugazi. Not legal, legal with a brace, not legal with a brace, legal with form from the ATF as an SBR, then that SBR is illegal, and once an SBR- taking off the stock it still is an SBR, but are then braced rifles kosher or not?
I’m sure that the ATF would love to go after people, but I’m not sure how the trials would go trying to explain at the illegality.