Mississippi AG won't enforce suppressor registration, seeks law change
Mississippi Attorney General Lynn Fitch says her office will treat ATF Form 4 registration for suppressors as voluntary for Mississippians, and she plans to push for changes to state law that still criminalizes concealed carry of a suppressor.
Snapshot
Mississippi is one of 15 states whose suppressor laws refer back to federal National Firearms Act requirements. According to Bearing Arms, Fitch's office reviewed recent court rulings and ATF guidance and concluded the Form 4 process is now voluntary for state residents, following a federal district court decision in Silencer Shop Foundation v. ATF finding certain NFA provisions unconstitutional.
Key points
- Court ruling: A federal district court held in Silencer Shop Foundation v. ATF that certain NFA tax provisions exceeded Congress's taxing power, though Fitch noted the ruling is limited and does not repeal the provisions outright.
- ATF change: The ATF made Form 4 voluntary on October 9, prompting Fitch's office to issue its opinion on enforcement for Mississippi residents.
- Legislative push: Fitch said she will seek to amend Mississippi Code Section 97-37-1, which currently punishes concealed carry of a suppressor with fines or imprisonment.
- Coalition activity: Fitch joined 20 other attorneys general in September urging Congress to repeal NFA provisions.
- Short-barreled firearms unaffected: Bearing Arms notes Mississippi has never restricted short-barreled long guns, so the suppressor issue is the only piece in play.
Quick take
Bearing Arms writer Tom Knighton frames Fitch's move as a model for other states, arguing that non-enforcement makes sense once federal officials themselves have acknowledged the law lost in court. He says he's reaching out to other attorneys general to see whether they'll follow Mississippi's example.
Read the full story: bearingarms.com