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ND suppressor laws update?
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<blockquote data-quote="USMCGrunt" data-source="post: 495106" data-attributes="member: 8470"><p>Now that the lawsuit, Jensen v. ATF, has been ruled in our favor, what are the odds that our legislature would update our laws in regards to suppressors, short barreled rifles and shotguns? Currently, ND State Century Code Title 62.1-02-03 which states:</p><p></p><p><em>A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun is guilty of a class C felony. This section does not apply to a law enforcement officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in the course of or in connection with the officer's official duties, to a member of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations who possesses or uses a short-barreled rifle or short-barreled shotgun issued to the member by that organization and while on official duty, or to any person who complies with the National Firearms Act [<a href="https://1.next.westlaw.com/Link/Document/FullText?findType=L&originatingContext=document&transitionType=DocumentItem&pubNum=1000546&refType=LQ&originatingDoc=I6b299940daa811e9a96fc1d92a78b9b3&cite=26USCAS5801" target="_blank">26 U.S.C. 5801</a>-<a href="https://1.next.westlaw.com/Link/Document/FullText?findType=L&originatingContext=document&transitionType=DocumentItem&pubNum=1000546&refType=LQ&originatingDoc=I6b299941daa811e9a96fc1d92a78b9b3&cite=26USCAS5872" target="_blank">5872</a>].</em></p><p></p><p>The last line “or to any person who complies with the National Firearms Act…” would imply that one would still have to submit a Form 1 for SBR/SBS or a Form 4 for suppressors to the ATF for approval including the waiting time for those forms to be approved. Now there is no longer a $200 tax stamp for these firearms or accessories prior to the verdict which recognizes these as protected under the Second Amendment. So, what has changed for us now as compared to this ruling? What have we won? Nothing that I can see. North Dakota was party to this lawsuit yet remains 1 of 15 states where nothing has changed. Other states are now able to fill out a Form 4473 (same one we use to buy any long gun or handgun) and walk out that same day without the bureaucratic red tape and waiting times we are subject to.</p><p>What would be the chances that our lawmakers in Bismarck would strike this last line or this paragraph in its entirety? There is a special session scheduled for I believe in September and it would be great to see one of our legislators take up the lead in getting this obsolete law stricken from the books so we can once and for all relegate it to the dust bin of history!</p></blockquote><p></p>
[QUOTE="USMCGrunt, post: 495106, member: 8470"] Now that the lawsuit, Jensen v. ATF, has been ruled in our favor, what are the odds that our legislature would update our laws in regards to suppressors, short barreled rifles and shotguns? Currently, ND State Century Code Title 62.1-02-03 which states: [I]A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun is guilty of a class C felony. This section does not apply to a law enforcement officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in the course of or in connection with the officer's official duties, to a member of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations who possesses or uses a short-barreled rifle or short-barreled shotgun issued to the member by that organization and while on official duty, or to any person who complies with the National Firearms Act [[URL='https://1.next.westlaw.com/Link/Document/FullText?findType=L&originatingContext=document&transitionType=DocumentItem&pubNum=1000546&refType=LQ&originatingDoc=I6b299940daa811e9a96fc1d92a78b9b3&cite=26USCAS5801']26 U.S.C. 5801[/URL]-[URL='https://1.next.westlaw.com/Link/Document/FullText?findType=L&originatingContext=document&transitionType=DocumentItem&pubNum=1000546&refType=LQ&originatingDoc=I6b299941daa811e9a96fc1d92a78b9b3&cite=26USCAS5872']5872[/URL]].[/I] The last line “or to any person who complies with the National Firearms Act…” would imply that one would still have to submit a Form 1 for SBR/SBS or a Form 4 for suppressors to the ATF for approval including the waiting time for those forms to be approved. Now there is no longer a $200 tax stamp for these firearms or accessories prior to the verdict which recognizes these as protected under the Second Amendment. So, what has changed for us now as compared to this ruling? What have we won? Nothing that I can see. North Dakota was party to this lawsuit yet remains 1 of 15 states where nothing has changed. Other states are now able to fill out a Form 4473 (same one we use to buy any long gun or handgun) and walk out that same day without the bureaucratic red tape and waiting times we are subject to. What would be the chances that our lawmakers in Bismarck would strike this last line or this paragraph in its entirety? There is a special session scheduled for I believe in September and it would be great to see one of our legislators take up the lead in getting this obsolete law stricken from the books so we can once and for all relegate it to the dust bin of history! [/QUOTE]
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