Alaska Asks Legislature to Fix Law After NFA Registration Ruling

Alaska's acting attorney general wants state lawmakers to clean up a legal mess left behind after a federal court gutted part of the National Firearms Act's registration scheme, leaving suppressor, SBR and SBS owners in the state unsure what the law actually requires.

Key points

• The ruling: In Silencer Shop Foundation v. ATF, a court found NFA registration requirements unconstitutional as applied to plaintiffs, including the State of Alaska, prompting ATF guidance that suppressors, SBRs and SBSs can now move with just a NICS check.
• The conflict: Alaska's criminal code still offers an affirmative defense tied to federal registration, a requirement that's now in limbo, creating confusion over how the state statute should function.
• AG Mills' move: Acting AG Cori Mills issued an October 15 release calling the court's decision a win for the Second Amendment while asking the legislature to clarify state law.
• Interim guidance: Until lawmakers act, Mills has directed law enforcement to coordinate with state prosecutors before filing charges under the affected statute.
• Not alone: Alaska joins Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington and Wisconsin in sorting out similar state-federal mismatches.

Quick take

This is a legislative problem now, not just a legal one. Alaska gun owners in the market for a suppressor or short-barreled gun are stuck in a gray zone until the statehouse acts, and the acting AG's call for prosecutorial caution is a stopgap, not a fix. Worth watching whether other affected states follow Alaska's lead and formally ask their legislatures to step in.

Read the full story: Mark Chesnut