DOJ Won't Appeal Ruling Ending Gun Suppressors Red Tape

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The Department of Justice (DOJ) has officially notified Congress that it will not appeal a landmark ruling that eliminated registration and paperwork requirements for gun suppressors. The decision, which was handed down by a federal judge in Texas, marks a significant shift in gun control policy and has sparked widespread debate among lawmakers and firearms advocates.

Historic Court Ruling Ends Red Tape

In a ruling issued on August 5, U.S. District Judge James Wesley Hendrix, a Trump appointee, struck down key provisions of the National Firearms Act (NFA), arguing that reducing the transfer tax to $0 rendered the registration and processing requirements unconstitutional. The judge also ruled that the government could not use the commerce clause to justify these requirements, effectively removing a major barrier for gun owners seeking to legally acquire suppressors.

In a letter to Congress on Thursday, Solicitor General D. John Sauer confirmed that the DOJ would allow the ruling to stand, signaling a strategic decision to avoid further legal battles. This move has been seen as a major victory for the gun rights movement, which has long argued that the NFA imposes excessive burdens on law-abiding citizens.

Suppressor Ownership Surpasses Millions

Data from the DOJ’s website shows that over 6.9 million suppressors have been registered under the NFA as of September 3. The National Shooting Sports Foundation reported that at least 6.1 million suppressors are privately owned, highlighting the widespread interest in these devices among gun enthusiasts.

Following the ruling, at least two suppressors have been transferred without going through the standard ATF Form 4 process, indicating that the new legal landscape is already being tested in real-world scenarios. The DOJ has not yet confirmed these transfers, but the trend suggests that the decision is already having a tangible impact on gun ownership practices.

Legal Precedent for Second Amendment Rights

The ruling aligns with a previous decision from the U.S. Court of Appeals for the Fifth Circuit, which in June 18 ruled that suppressors fall under the category of ‘arms’ and are therefore protected under the Second Amendment. The court also clarified that while the NFA operates similarly to a ‘shall issue’ concealed-carry permit law, it still allows for convictions for possessing unregistered suppressors.

This legal framework has provided a foundation for the current ruling, reinforcing the argument that the NFA’s registration and tax requirements are overly restrictive and inconsistent with constitutional protections for gun ownership.

Source: Daily Caller