Sig Sues ATF Over Silencer Ruling

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  • HT4

    Dum spiro spero.
    Jan 24, 2012
    2,728
    Bethesda
    Its a suppressor core.

    No doubt, this is true. It is a core. But is that the entirety of the inquiry under the law? I'm not so sure (see my post above). Much like a chore boy scrubbing pad, it is also something else. That may be legally significant.

    We all should take care not to confuse the ATF's past positions with the law. Since no one wants to risk testing the waters, the ATF gets away with quite a bit without judicial scrutiny. Hopefully this case (and others like it) will mark the beginning of the end of the ATF's overly aggressive positions (i.e., chore boy scrubbing pads, shoelaces, etc.).
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    Uh yea sorry they're gonna lose. Thats a monocore without a tube. A dumb concept to try and even implement in the U.S. where the ATF seems to just shoot from the hip and make up rules as they go. I'll add, if you've ever spent any time on silencertalk you'd know what im talking about. The atf could construe a maglite and a set of taps as a suppresser if they want to seemingly....

    While you have point then the QD muzzle devices from YHM would also constitute a part of a supressor. I have YHM muzzle brake with QD for my blackout build that has the "protective shroud" that would make it a flash hider in the definition of the term. If the ATF wins here that will open the door for other things deemed "parts" of a supressor.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    Wouldn't this ruling put the ATF back on their heels a bit?

    http://www.courthousenews.com/2014/03/20/66348.htm

    Yes and no... The ATF has been defeated in court several times for their improper methods. The once a MG, always a MG has been thrown out. They did not use to let you un-SBR a gun without demilling it.

    The big problem is that even after a defeat, it doesn't always help. Sometimes they come down more strict. I think we will see this with the 80% receiver stuff. Not that 80% is in the law, but making the line much more of a grey area...

    Its just so hard to say for sure. However the ACLU has shown one thing. Win, lose or Draw, if you keep on the attack, the barrage will start to take a toll and greatly discourage the enemy from engaging. Of course here the problem is that he ATF is using our money to fight us and has no budget.
     

    balttigger

    Ultimate Member
    Oct 15, 2008
    3,051
    Middle River, MD


    Yup, I may have to pick up a sig down the road when money can be spent on "me" things again. They've got balls. I like balls. Good on them for straight up calling the NFA process unconstitutional and fighting to push the line as far as they can go for civvies.


    This got me thinking. If you get an AR pistol (I am assuming they are still legal post SB281), can you legally swap uppers with similar length barrels between calibers like .300BLK or 6.8SPC???
     

    Catch-10-22

    Appleseed Shoot Boss
    MDS Supporter
    Oct 27, 2009
    774
    PG County, MD
    Yes and no... The ATF has been defeated in court several times for their improper methods. The once a MG, always a MG has been thrown out. They did not use to let you un-SBR a gun without demilling it.

    The big problem is that even after a defeat, it doesn't always help. Sometimes they come down more strict. I think we will see this with the 80% receiver stuff. Not that 80% is in the law, but making the line much more of a grey area...

    Its just so hard to say for sure. However the ACLU has shown one thing. Win, lose or Draw, if you keep on the attack, the barrage will start to take a toll and greatly discourage the enemy from engaging. Of course here the problem is that he ATF is using our money to fight us and has no budget.

    All good points. Just feel like they are a little vulnerable right now.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    I don't really see that ruling as going against the ATF. The court decided that determining if it is a silencer is not the courts job. They didn't say it was not a silencer. They sent the case back to the ATF and told them to use more detail as to why it is a silencer.

    Yeah they are making the ATF dig their own grave. If they come back too detailed they will then pigeon hole themselves on other cases and ultimately cause other things to be made that fall just outside their interpretation. :party29:
     

    BigSteve57

    Ultimate Member
    Feb 14, 2011
    3,245
    I don't really see that ruling as going against the ATF. The court decided that determining if it is a silencer is not the courts job. They didn't say it was not a silencer. They sent the case back to the ATF and told them to use more detail as to why it is a silencer.

    That's my interpretation. Kind of like putting an "F" on their homework assignment and handing it back to them, all the while implying they are idiots.

    But I don't think this is over.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    OAL would be the only concern (once it gets on the Handgun Roster.)
    OAL is listed as 35" with the brace. Hard to believe it would be a problem with a collapsible stock.

    The other problem is that it looks like the brace folds on that model - if you wind up with a folding stock, you might need to swap the muzzle device for a brake/comp.
     

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