(Photo from Shutterstock)
- Mississippi is one of 15 states with a law on making, manufacturing, selling, or possessing suppressors that refers back to federal law.
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.
The ATF determined that it would “exercise its enforcement discretion to create greater uniformity” and would “administer the NFA on a voluntary basis.”
“ATF will not enforce the requirements for individuals to apply and receive ATF approval before making or transferring short-barreled rifles, short-barreled shotguns, suppressors (silencers), and certain other concealable firearms known in the law as ‘any other weapons,'” an ATF statement read.
“Because this is the current position of the ATF under the current Administration and only expressed through guidance, it can easily be reversed by future Administrations,” Fitch noted in her Monday statement.
Fitch said to ensure that “the Second Amendment victory” achieved in Silencer Shop has lasting impact in Mississippi, she will continue to seek clarifying language in Mississippi law to eliminate the reference to federal law during the 2027 Legislative Session.
“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.
The Magnolia State Attorney General also said she is grateful for the assistance of the NRA and American Suppressor Association for working with her “to identify necessary amendments to protect the Second Amendment rights of Mississippians pursuant to this new legal landscape.”
Frank Corder
