President Trump has directed the Justice Department not to appeal a recent court decision that relaxed regulations on certain firearms, often referred to as "gangster weapons." These include short-barreled rifles, short-barreled shotguns, and silencers, which have been heavily regulated since the 1930s due to their concealability and potential for misuse. Under the National Firearms Act (NFA), enacted in 1934, individuals wishing to possess or sell these items must go through a detailed process, including fingerprinting, submitting applications, and registering the weapons with serial numbers.
In August, U.S. District Judge James Wesley Hendrix, a Trump appointee, ruled that most of the restrictions on these specialized firearms are unconstitutional. The decision was made in two consolidated cases brought by 15 states and gun rights groups, including the Gun Owners of America. However, the ruling does not apply to common firearms like AR-15s and Glock pistols, which are governed by separate federal laws, nor does it affect machine guns or explosive devices, which remain under the NFA.
The Justice Department faced criticism from gun control advocates after it did not seek to delay the court’s order, allowing the ruling to take effect on August 13. The deadline to appeal the decision is October 5. Judge Hendrix based his ruling on a provision in the One Big Beautiful Bill Act that removed a $200 tax on firearms under the NFA, arguing that the absence of this tax made the regulatory provisions unconstitutional. However, Justice Department lawyers have maintained that the government can still regulate these firearms under the Commerce Clause and that a separate tax on businesses remains in place.
Internal Justice Department lawyers have reportedly expressed concerns about their legal win-loss record rather than aligning with the president’s gun policies. The court’s permanent injunction prevents the ATF from enforcing the challenged parts of the law, affecting the parties in the lawsuit as well as future members of the gun rights groups. This has already impacted federal prosecutors, as seen in the dismissal of an indictment against Cameron Silmon for receiving a silencer without a serial number, based on the Texas ruling.
Emma Brown from GIFFORDS, a pro-gun control organization, criticized the decision, calling it a "failure to defend public safety" and warning of a return to the era of Al Capone. While some sources suggest that other parties, such as states or counties, may attempt to appeal, or that Congress could reinstate the tax or pass new legislation, such actions would likely require a Democratic majority in both the House and Senate.
Trump Directs DOJ Not to Appeal Ruling on Firearm Regulations
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