Silence Is Not Yet Golden
08.10.2026
The recent win over NFA regulations in the Fifth Circuit Court is a welcome step forward. And while the ruling only applies to the plaintiffs in the case, and there is still time for the DOJ to appeal it, there is no question that the court recognized an undeniable fact. A law that is based on collecting taxes, which collects no taxes, cannot withstand constitutional scrutiny. The ruling covers suppressors, SBRs, and short-barrel shotguns. It does not include machine guns or AOWs.
In addition to the “Silencer Shop,” three organizations were plaintiffs: Gun Owners of America, Inc., Gun Owners Foundation, and the Firearms Regulatory Accountability Coalition, Inc.
Members of these organizations are covered by the decision. So if you are not already a member of GOA, this would be an excellent time to become part of that great organization.
As pointed out in this article by John Crump, while the ruling does not apply to everyone (yet), there will be a jurisdictional nightmare trying to apply it since the Feds do not have a list of every GOA member. But in the meantime, Oregon gun owners have another issue to deal with.
If this ruling is not struck down by a DOJ challenge (and as of the time of this posting, they had not announced one), Oregon State gun law may well still stand in the way of new lawful acquisitions of the covered devices. Here is the problem-causing statute:
166.272 Unlawful possession of machine guns, certain short-barreled firearms, and firearms silencers. (1) A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer.
(2) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer is a Class B felony.
(3) A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person’s immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer is registered as required under federal law.
(4) It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun, or firearms silencer was registered as required under federal law. [1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]
(Emphasis added)
In the absence of a way to “register” one of the devices under the NFA, there seems to be no legal way to acquire one under current Oregon law. It appears that based on section (4)’s use of the word “was” that items previously acquired and registered will still be legal. But in the absence of a change in Oregon statute, we can see no legal way to buy or own a new SBR, SBS, or suppressor.
This court ruling is not a done deal yet. Not by a long shot, but we learned in the last legislative session that when the Republicans stand up for gun rights, we can have wins. Let’s prepare for a battle to correct this dangerous statute and demand that any candidate asking for your vote promises to do all he can to repeal it.