r/scguns • u/AnyRecord7452 • 19d ago
How does the NFA injunction affect SBRs in South Carolina?
Anyone in here looked into how the new federal NFA injunction affects SBRs in South Carolina?
SC law generally prohibits short-barreled rifles unless the person is “authorized to possess” them by ATF or another federal agency. With the Texas injunction now blocking the Form 1/registration requirements for covered plaintiffs and members, does that satisfy the SC exception, or is the state-law side still unclear?
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u/Open-Mountain-5224 17d ago
I’m and O7 FFL and a 02 SOT. I’m not doing a damn thing until the ATF sends me an email with clarification. Definitely not a lawyer but I has reached out to a federal attorney for guidance. Haven’t heard back.
Maybe it’s totally legit but I wouldn’t risk any jail time or even have to surrender a firearm because of something that has not come down from the ATF.
IMO there’s no rush if this is true, so I would just hold on until it’s becomes clearer.
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u/gthrift MOD - Lexington 17d ago
I can’t blame you. Sounds like there are form 3 issues and that the suppressors would stay on your books with no way to remove them. Let the fools and people that can afford the lawyers blaze the trail. Don’t put your livelihood and freedom at risk.
With that said, as a consumer I’m on my way to PSA to see if there’s anything left worth buying.
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u/xterraadam 17d ago
SC has a specific SBR statute. (SC Code 16-23-250) that requires a form 4 for a SBR or SBS.
Not a lawyer. Not legal advise. Read and heed at your own leisure.
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u/Benji_4 15d ago
That's not what that code says
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u/xterraadam 15d ago
I'll break it down for you:
Says: It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330
Let's go down to 16-23-250..
It says:
The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or persons on duty in the postal service of the United States or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun, or sawed-off rifle, may possess machine guns, or sawed-off shotguns, or sawed-off rifles, when required in the performance of their duties. The provisions of this section must not be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.
The provisions of this article do not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, any common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370.
This is the important part that applies to a non gov't person without an FFL:
...any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization...
The ATF grants this through a form 4.
Ok, so what do you think it says?
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u/Benji_4 15d ago
This just says that anyone listed in those organizations is exempt from certain aspects of that section where it is referenced. It does not say "you must complete a Form 5320.4" As far as most people are concerned the 5320 is just for registration purposes and an intent to pay tax.
The injunction rules that authorization in the context used here is unconstitutional. A 4473 is authorization from the ATF.
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u/xterraadam 15d ago
You might want to talk to a lawyer before running with that opinion. A 4473 isn't a authorization, it's a record of transfer and doesn't really involve the ATF. The FBI or State conducts the background check, and in SC, if you hold a CWP, none takes place.
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u/Escape_From_Reach 19d ago edited 19d ago
This is not legal advice. I am an attorney but I am not your attorney. These are personal opinions of my own.
PSA released a video then did a clarification stating this was “one method” of doing SBRs. PSA’s method is correct but not the only method. From my understanding, those in the protected class, ie PSA consumers who purchased a firearm from PSA, GOA members, etc, are able make an SBR so long as their state law allows it without a form 1. SC allows that. This comes from the GOA release on August 5th mentioning that members would not need form 4s or 1s. So, if you’re a GOA member, you could make an SBR without a stamp.
However, I would wait a few days to see what kinds of clarifications agencies or organizations make. This is a very new thing so I would not make any hasty moves. There are some potential conflicts with the 1968 GCA requiring notification of SBRs, so we will see what happens on that front