How bad do NFA approval times have to get before a lawsuit becomes applicable?

[BJHay]

So, we do have the “Administrative Procedures Act” (5 U.S.C. §§ 551–559). My non-legal brain has wondered if this could be used as grounds for a suit. I fell down this rabbit hole a couple years ago while impatiently waited for approval on a Dead Air Wolfman.

The law states that when an application for “license” is made the agency must proceed with due regard for the rights and privileges of the interested parties and “make a decision” and “complete the proceedings” within a “reasonable time”.

I don't think we're actually waiting for a 'tax stamp' were waiting for approval to be given and the tax stamp applied to that request.
The government definition I read equates an application for a transfer (permission) with a ‘license”.

Note: I'm well outside my area of expertise and the above may be non-sense. Surely someone would have tried it by now if it's a legit argument.

 

[BJHay]

Over 200 for eForm now? Do you have a link to your source? I recently saw 160, but maybe it's changed (or maybe I'm not looking in the right place)

Silencer Shop sends the checks and monitors the process for their customers. Current wait times are posted on their webpage. Here are today's numbers:




I filed a eForm4 for a trust in early February 2021. I waited 10 months for approval.

 

[DadSmith]

What difference does common use make? They are being "taxed" not banned.

And a taxed firearm is an infringement when it bars you from exercising your right to bear said arms.

 

[Cameramonkey]

And a taxed firearm is an infringement when it bars you from exercising your right to bear said arms.

yOu ArE jUsT tRyInG tO bEaR tHe WrOnG ArMs. Just pick something less scary to bear.

 

[cosermann]

"A right delayed, is a right denied."

 

[jason867]

Here's hoping the Bruen decision eventually obliterates the NFA & GCA.

 

[KLB]

And a taxed firearm is an infringement when it bars you from exercising your right to bear said arms.

I'm not arguing about whether the tax stamps should exist. I'm simply saying, you're not going to be able to use the common use argument against a tax stamp.

 

[rooster]

For this looking for a source for nfa timelines

@xwing

 

[ljk]

E-form 4 certified by Silencershop dealer, electronic photo and fingerprint sent on May 3rd.

It would be 6 months by this Wed., not approved yet.

 

[Timjoebillybob]

And dont forget that SCOTUS likes to kill lawsuits like this when the plaintiff loses standing, even though there are millions more like him. You'd have to have a stamp in waiting to sue. By the time they got around to hearing your case, You'd have your stamp and SCOTUS would dismiss the case because it was no longer a problem; you got your stamp. You are made whole.

There was a "kid" who sued because 18yos should be able to buy a handgun. While waiting on SCOTUS, he turned 21 and no longer had standing in their eyes. So they dismissed it on those grounds, instead of ruling to protect the "kids" behind him who were also impacted. Total Bull

That too. I'm thinking of another case.

https://www.washingtonpost.com/politics/courts_law/gun-sales-minimum-age-21/2021/09/22/52f7f83e-1bc0-11ec-a99a-5fea2b2da34b_story.html

And wouldnt this be like saying "Plaintiff Roe has reached menopause. (or died) Therefore Since she is no longer capable of becoming pregnant, we are vacating the ruling of RvW."

The difference between those two cases is that Roe could get pregnant again and the case wouldn't hit SCOTUS in time even though her child from the original suit had already been born. The kid couldn't be under 21 ever again. If Roe had hit menopause and could no longer get pregnant then she would have lost standing and the case dismissed. Sounds convoluted but that's the way it works. Once they make the ruling it stands, even if after it's decided the person can no longer be/do/whatever.

The way around it for something like the no handguns from an FFL for under 21 is to amend the lawsuit and add another person before the original plaintiff ages out. Which in the case I believe you are talking about they attempted to do, but filed a day or two too late so...

For something like this keep amending it every month and adding someone who just sent in a form 4. Yeah BATFECE could hurry up and approve them, but that like NY changing their laws to try an moot the case would show intent to try to kill the suit.

At least that is my non lawyer take on it.