>>20984
In theory, suppressors and rifles/shotguns of any barrel length are now unaffected by the 1934 NFA as far as transferring them or manufacturing them (for personal use) is concerned. In practice, this is a non-enforcement policy by the current ATF/DOJ. That is to say, the ATF director, the US AG, and rhe apparatus which appoints them. This could change days to weeks after an election in which Democrats take the Executive and a majority in the Legislature
On the other hand, the genie will be all but impossible to put back in the bottle. A permanent injunction is the biggest stick a judge can swing, and so any current GOA member (or Silencer Shop or PSA customer) can make (for personal use) or buy as many suppressors and SBR/SBSes they like, and no enforcement policy change can make that illegal in the future. Moreover, that legality shifts the burden of proof; any attempt to prosecute an NFA violation on those grounds from here on must necessarily prove that the item(s) in question were NOT made or transferred before the injunction took effect.
Sure, the instant a Democrat president takes office and fires the Republican appointed ATF director it'll be "If you're not a GOA member or are buying a silencer shop can, you have to do a form 4 again," but it'll be impossible to prove that any so-called tax evasion took place units you have obvious purchase records like a serialized upper or a newer-than-the-policy-change suppressor kit to use as evidence.
Will Democrats try to make a tax stamp $10,000 and have Silencer Shop et al. reversed and mooted as soon as they take Congress again? Sure. But prosecuting an NFA violation for anything but a machine gun or DD will forever be an uphill battle, and as of right now you can make a short barreled firearm or suppressor with impunity, or go have one transferred with just a form 4473.