ATF Says: Federal Firearms Licensees Must Follow Federal Law, Notwithstanding Contrary State Laws
From the ATF, released July 26 but just posted on Westlaw, an Open Letter to All Missouri Federal Firearms Licensees (there’s a similar one as to Texas, with regards to silencers/suppressors):
This letter provides guidance on your obligations as a federal firearms licensee. The guidance is intended to assist you in meeting these obligations. This letter does not impose any new obligations. It merely confirms the continuing applicability of existing federal obligations.
Missouri House Bill Number 85, Second Amendment Preservation Act (“the Act” or “SAPA”), signed into law by Governor Parson on June 12, 2021, has generated questions from industry members and firearm owners as to how this Missouri state law may affect them while engaged in a firearms business activity or seeking to acquire a firearm. Section 1.420 of the Act states that “federal acts, laws, executive orders, administrative orders, rules, and regulations” falling into five categories of regulations relating to firearms “”shall be considered infringements on the people’s right to keep and bear arms, as guaranteed by Amendment II of the Constitution of the United States and Article I, Section 23 of the Constitution of Missouri.” SAPA § 1.420. The Act further provides, among other things, that any such purported infr
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