AgEng06 said:

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GeorgiAg said:

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Judge James Hendrix. Maybe he goes by Jimmy?

I am confident he will see through the purple haze and won't be swayed by defense arguments unless they keep the law, some guy named Joe is gonna shoot his ole Foxy lady after catching her messing round with another man. I think the plaintiffs' arguments that "there must be some way outta here" and "there's too much confusion, I can't get no relief" will prevail.

Sorry, it had to be done.

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FIFY

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Nice. Forgot that one.

The brief is up from the ATF.

They (the Government) argue even though the tax is $0, the registry still falls under the Special Occupational Tax paid by dealers and manufacturers. That does not make sense to me. You have the dealers and manufacturers registered, don't you? Also, the dumb commerce clause argument i referenced earlier. Third, they argue that SBRs and silencers are "dangerous and unusual" weapons not falling under the 2nd Amendment.

Judge Jimmy Hendrix, the ball is in your court. Burn it down Jimmy! BTHO ATF!

As a lawyer following that case, what is your opinion of the fate of the affected portion of the registry if the government loses? Do they have to delete the items off the registry and forget they exist?

It would just be speculation on my part. I'm sure there are laws around record-keeping. And when have you ever seen the gov't or bureaucrats give up a power when they aren't ordered to do so?

Also with respect to the case, the requested relief is an injunction. So the law doesn't "go away," the ATF is just barred from enforcing it. So I'd say no.

I should also mention the AFT is requesting if the Court is going to rule in favor of Silencer Shop, et al., they only have a very limited injunction and not a broad one. E.g., limit it only to the named plaintiffs, etc... The court could also only grant it to one and not the other, e.g., SBRs ok, but still have to register suppressors.

Slicer97 said:

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GeorgiAg said:

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Judge James Hendrix. Maybe he goes by Jimmy?

I am confident he will see through the purple haze and won't be swayed by defense arguments unless they keep the law, some guy named Joe is gonna shoot his ole lady after catching her messing round with another man. I think the plaintiffs' arguments that "there must be some way outta here" and "there's too much confusion, I can't get no relief" will prevail.

Sorry, it had to be done.

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Let us stop talking falsely now. It's Jimi, not Jimmy.

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Said the joker to the thief...


You are correct, sir!

HDeathstar said:

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do you have to carry paperwork with you, everywhere the suppressor goes in case ATF shows up? Understand the burden of getting the suppressor, but what is the owner's requirements after purchase?

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Technically speaking you will need to provide proof either digitally or paper. I have both so Im covered no matter what. Ive never been asked but I dont go to ranges or take them to the general public domain. I have a place to go for all the shooting stuff I do

BCOBQ98 said:

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What's the timing for the case? I've been putting off getting a suppressor in hopes I won't have to go through the trust/stamp route even though the stamp is now free.

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https://www.courtlistener.com/docket/70709999/silencer-shop-foundation-v-bureau-of-alcohol-tobacco-firearms-and/

Nothing filed since Feb 9, per courtlistener. It has a delay, but I am not logging into PACER because it costs the firm money to look stuff up.

Call the Judge and tell him to hurry TF up. (kidding, do not do that.)

No idea, could be any day.

Edit: I'm sure it will be "BREAKING NEWS" on MSM when he issues a ruling, especially if it is in favor of the good guys.

Six weeks to the day for approval of two Form 4s to transfer from an individual to a trust.

Submitted on Feb. 2, approved Mar. 15.

Edit: Because I can't read a calendar.

Brazos1865 said:

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Six weeks to the day for approval of two Form 4s to transfer from an individual to a trust.

Submitted on Feb. 2, approved Mar. 15.

Edit: Because I can't read a calendar.

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I'm about to do the same thing with four suppressors. I now have a trust with a few SBRs and now moving the suppressors over from individual to trust.

Question: Do you get a new tax stamp when it goes from IND to trust or does the stamp stay the same but just slides into the trust?

I received new stamps with my name as the Transferor and the trust as the Transferee. Zero-dollar stamps, nonetheless!

Brazos1865 said:

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I received new stamps with my name as the Transferor and the trust as the Transferee. Zero-dollar stamps, nonetheless!

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One other thing. I just walked through the process on my first suppressor (ind to trust) via the eform 4. There were no "CLEO copy" on the form 4 PDF. Only "CLEO Copy" of the 5023.23 file, as expected. Since it's a transfer of ownership from Ind to trust, do you still need to send copy of form 4 "ATF copy" to CLEO?

About 3 weeks on a new can through silencershop. Longer than last year but still not bad.

I believe you only need to send the CLEO copy. Someone correct me it I'm wrong.

Brazos1865 said:

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I believe you only need to send the CLEO copy. Someone correct me it I'm wrong.

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That's the crazy part..When I completed the form 4 transfer from individual to trust...there was no CLEO pages on the form 4 PDF. Just ATF pages.

I wonder since I an the same "responsible party" on both the individual and trust...that might have something to do with not getting any CLEO pages in the document as CLEO was alerted during the original transfer?

I submitted regardless...time will tell when I get my denied or acceptance email reply from ATF.