Mississippi AG Says State Won't Enforce NFA Requirements

There are 15 states in the country that allow NFA items, but refer back to federal law in the process. Some of these, like Oregon and Connecticut, aren't overly surprising. Others, like Mississippi and Georgia, are a bit surprising. Still, while federal law was on the books, I suppose the law made some degree of sense to someone. It just let the state prosecute people who possessed these kinds of guns illegally, while not creating a hassle for those who followed the rules.

But Mississippians don't have to sweat it, because their attorney general is kind of based.

Mississippi Attorney General Lynn Fitch (R) joined 20 other attorneys general in September urging congressional leaders to repeal provisions of the National Firearms Act (NFA).

The move came after a federal district court held in Silencer Shop Foundation v. ATF that certain provisions of the National Firearms Act exceeded the taxing power of Congress and were unconstitutional. The ruling is limited, Fitch noted at the time, saying that the decision did not repeal those provisions and protects only certain parties from enforcement.

Mississippi is one of 15 states with a law on making, manufacturing, selling, or possessing suppressors that refers back to federal law.

On Monday, Fitch said that after her office reviewed recent court decisions and federal regulatory guidance related to requirements under the National Firearms Act, it was her opinion that ATF Form 4 for suppressors is voluntary for Mississippians given that the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) made the ATF Form 4 voluntary on October 9.

...

“In addition to this change, I will also seek amendment to other related Code sections, including Section 97-37-1, which makes concealed carry of ‘any muffler or silencer for any firearm’ punishable by fines and/or imprisonment,” Fitch said.

So it's not just that she won't enforce the law as it applies to suppressors, at least, but she's going to try and work to change the law so you can carry a suppressed handgun concealed within the state. I can't lie, I love that.

This particular article doesn't mention short-barreled long guns, but that's because Mississippi has never restricted them. The suppressor ban is all that's relevant in the Magnolia State.

And it's a positive sign. If states, particularly ones with preemption, opt not to prosecute or enforce a particular law, there's no reason for anyone to be concerned about it. Especially when the feds are the ones leading the proverbial charge here.

Other states should follow Mississippi's lead here and do the same. I have already started reaching out to other attorneys general to see what they're going to do here, and I'll be providing updates when and if responses start to come in. . 

Let's hope that every state recognizes the writing on the wall and starts rolling back some of these restrictions, particularly where the federal government is saying that they lost in court and the law is unconstitutional. It's time for states to step up and do what's right.

It looks like Mississippi is the one to make the first move. 

Now all anyone can do is follow.

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