Attorney General Lynn Fitch took a break from prosecuting cops to issue the following statement.
Over the past several weeks, my office has been reviewing recent court decisions and federal regulatory guidance related to requirements under the National Firearms Act (NFA) to determine their impact for Mississippians. Based on our review, given the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) decision on October 9 to make ATF Form 4 voluntary, and based on Mississippi’s statutes, it is our opinion that ATF Form 4 for suppressors is voluntary for Mississippians as well.
Because this is the current position of the ATF under the current Administration and only expressed through guidance, it can easily be reversed by future Administrations. To ensure that the Second Amendment victory achieved in Silencer Shop has lasting impact in Mississippi, I will continue to seek clarifying language in Mississippi law to eliminate the reference to federal law during the 2027 Legislative Session. Last month, I also wrote Congressasking that it fully repeal the unconstitutional provisions of the National Firearms Act.
In addition to this change, I will also seek amendment to other related Code sections, including Section 97-37-1, which makes concealed carry of “any muffler or silencer for any firearm” punishable by fines and/or imprisonment. I am grateful for the assistance of the NRA and American Suppressor Association for working with me to identify necessary amendments to protect the Second Amendment rights of Mississippians pursuant to this new legal landscape.
Background:
By way of background, in August, the U.S. District Court for the Northern District of Texas, in Silencer Shop Foundation v. BATFE, No. 6:25-CV-056-H, 2026 WL 2255460 (N.D. Tex. Aug. 5, 2026) (the “Silencer Shop injunction”), enjoined the use of ATF Form 4 for suppressors for certain individuals, companies, or associations. The court provided this summary in Silencer Shop:
"In 1934, Congress invoked its taxing power to enact the National Firearms Act – a scheme to constrict the market for certain classes of firearms. As passed, the NFA required individuals to pay a tax before transferring or making a covered firearm. And it included burdensome regulatory provisions to aid the collection and enforcement of those taxes. At that time the NFA possessed the key feature of any tax: It produced some revenue for the government.
"But that is no longer true. In 2025, Congress eliminated the NFA’s transfer and making taxes for four categories of firearms: short-barreled shotguns, short-barreled rifles, silencers, and a final defined group of miscellaneous firearms. Because today’s NFA does not generate any revenue from any untaxed firearms, its regulatory provisions cannot be upheld under the taxing power….Thus, the regulatory provisions must be enjoined as unconstitutional because they exceed Congress’s enumerated powers."
The Court restricted the injunction to the plaintiffs in the case, including current and future customers of the “commercial members of the associational plaintiffs,” and associational members themselves. However, Section 97-37-31 of the Mississippi Code makes it unlawful to make, manufacture, sell, or possess suppressors unless “duly authorized under federal law.” As a result of Mississippi’s reference to federal law, Mississippi was one of 15 states in which registration requirements became ambiguous following the court’s opinion.
On October 9, 2026, the ATF determined that it would “exercise its enforcement discretion to create greater uniformity” and would “administer the NFA on a voluntary basis.” Based on this guidance from ATF, the operative language of Section 97-37-31, that is, “duly authorized under federal law,” would also make use of Form 4 voluntary in Mississippi.
35 comments:
I been waiting on this finally! i also wrote the Govenor & sponsors of the last bill that didn't pass the Made in Mississippi suppressor law this is good news
If guns are outlawed only outlaws will have guns
She sure is making a lot of noise now she’s got a losing campaign for Governor.
Pandering to gun nuts is always a winner in Mississippi politics.
Pandering do nothing Fitch.
IMO the AG's a pandering politico who'll say anything to get one notch up the political chart - the very antithesis of a true legal professional
LOL, she behind bad….
She has been taking a beating over that trial. All but one statewide official said something about it. Comments all over the place are brutal. If I'm running against her and campaigning in Belhaven and Fondren, I'm asking voters if they want the person who prosecuted Capitol Police to run Capitol Police.
This isn’t a victory so much as she jumped on a bandwagon after the fact. Mississippi did not join the original suit as a plaintiff and she only sprang into action after multiple gun groups sent her letters asking why she wasn’t following other conservative states. The states that were actually plaintiffs were Texas, South Carolina, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Dakota, Utah, West Virginia, and Wyoming.
Her political career is dead to anyone with an IQ above 70.
Which sadly, makes her still electable in Mississippi, I suppose.
She was a pre-ordained Republican darling and managed to ruin herself.
How dumb can she be?
Late but better than never. Any FFL's acting on the advice? Would love to go shopping today.
If only she wore a cowboy hat.
Pandering to people who value their constitutional rights too.
She needs to grow a pair & fight for all the people of Mississippi & not just the suck ups!
It’s a roll of the dice. It’s still a felony to possess an unregistered NFA item per federal law but the ATF has decided to no longer enforce the law after a court case that held that the law was unconstitutional. The court case only applied to the plaintiffs and centered around the NFA tax on most NFA items being lowered to $0 effectively no longer being valid. The court case could be overturned, the ATF could decide tomorrow to start enforcing the law again for people that were not plaintiffs, or congress could increase the NFA tax to more than zero. The state and Feds are saying they won’t enforce laws that are very much so still on the books so I wouldn’t hold it against a FFL if they don’t want to do non-NFA transfers of NFA items also I don’t think the ones doing it are taking a huge risk.
What does owning a Silencer or not have to do with constitutional rights too own a firearm? Nothing. Absolutely Nothing.
The NRA had nothing to do with reforming the National Firearms Act. Actually, the NRA helped make it even worse over the years. Only out of touch boomers, politicians, and harpy liberals think that the NRA is still relevant.
^^ Ad Nauseam troll makes his daily appearance ^^
Silencers are firearms per the Gun Control Act of 1968. As silly as it sounds silencers are legally considered a gun.
Go read 18 U.S.C. § 921(a)(3)
Bless her heart.
Again.
Does anyone really think that "silencers" will turn gun-owning law-abiding citizens who would not think of shooting someone into someone who thinks, "Well, gee, since it will silenced, I think I'll go murder ol' Fred..." Similarly, does anyone really think that the typical gangbanger is refraining from shooting their switched Glock into crowds, doing drive-bys, shooting other gangbangers, etc. because of the noise? Do I think that bad people intent on doing bad things with firearms will use suppressors? Yes. But it won't be the suppressor that makes the difference. Obviously.
In any event, muffling the report from a gunshot is not rocket science and there have been various devices available for years that are in practical terms the crucial part(s) to fashion into "silencers." The Glock switches are commonly found on and used by thugs yet the "silencers" are not.
Well, silencers is somewhat of a misnomer. The Hollywood stuff is just that, Hollywood. In reality, the suppresses do just that, suppress the sound but there is still a clearly audible sound.
"In reality, the suppresses do just that, suppress the sound but there is still a clearly audible sound."
Generally speaking, that's correct, and especially if "audible" means any sound at all, no matter how faint. With the right firearm, ammo, and suppressor, the sound can be reduced to the point most would not notice it at 10 feet away in a public place. But with typical centerfire calibers used in things like an AK- or AR-based firearm or a handgun like a Glock (esp. switched), with commonly-available ammo and what thugs would likely use as a "silencer"/suppressor, "silenced" would be a wildly inaccurate use of the word.
Muffler would be a more accurate description. Get some subsonic rounds if you decide to go rogue.
Excellent Point Kingfish. I was shooting squirrels in my backyard (live on 3 acres) with a silencer on the rifle (22). It made enough noise for the neighbors to call police. Switched over to pellet gun.
Well there’s already people cutting and adding so good luck trying to un-F all that in the future on top of all the stuff that was “illegal” just the other day.
“Took a break from prosecuting.”
Nice.
And it makes sense to legalize silencers because …?
They’ve always been legal, they just previously required different paperwork and a $200 tax. Now the tax is zero and they require the same paperwork and background check as a regular gun. They are not cash and carry and have not been since 1934.
A bright RED hat of course
At least it will be quiet when the water wars begins.
Empty pants suit put on a police vest one day for a photo op to try to pretend to be doing anything as AG….
"And it makes sense to legalize silencers because …?"
Why does it make sense to make them illegal? If you really want to learn about such things, look into the NFA and especially the GCA - Gun Control Act - of 1968. For example, a "Baby Browning" .25 ACP "pocket pistol," relatively expensive then and very pricey now, could not be imported, but things like Lorcins, Hi-Points, etc. could be made and sold in the US. In simple terms, you couldn't import a $100 finely-made handgun, but you could churn out hundreds of thousands of $25 POSs, in the same calibers. The vast majority of 20th century US gun laws were, at best, ill-conceived and at worst, both pandering and gifts to certain "friends" of the pols that passed them. That takes no position on "gun rights" or the 2nd Amendment, it was just bad lawmaking.
Try subsonic ammo....then it sounds like a pellet gun.
Why no mention of 45-9-85
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