Federal regulations on firearm suppressors and specific types of rifles and shotguns have been invalidated following a court order that took effect Thursday. The U.S. Justice Department did not file an appeal by the seven-day deadline set by U.S. District Judge James Hendrix in Lubbock, Texas.
The ruling, which benefits parties involved in the lawsuit including some out-of-state dealers, permits individuals to acquire silencers, short-barreled rifles, short-barreled shotguns, and certain other firearms without federal registration and removes an additional layer of background checks. This order is not a national injunction, but advocates noted that similar legal challenges are underway in other federal courts.
Judge Hendrix declared the regulations, stemming from a 1930s-era law, unconstitutional. His decision was influenced by the elimination of a $200 permit tax on these devices by the Republican-controlled Congress and the Trump administration.
Gun rights advocates celebrated the development. Erich Pratt, senior vice president of Gun Owners of America, stated that members had already acquired suppressors without federal registration, calling it a "historic victory" and asserting that the "era of federal registration for constitutionally protected arms must end."
However, gun violence prevention groups expressed concern. Emma Brown, executive director at Giffords, characterized the government's inaction on an immediate appeal as a "failure to defend public safety." Adam Skaggs, chief counsel at Giffords, argued that the regulatory system has been effective and its necessity remains as high as it was in the post-Prohibition era.
The National Firearms Act was enacted in 1934 amid concerns over mafia violence and regulates firearms considered most dangerous. Gun-rights proponents argue that these regulations conflict with the Second Amendment.
While the order is currently in effect, the government could still file an appeal in the coming weeks according to court procedures. The Bureau of Alcohol, Tobacco, Firearms and Explosives, responsible for enforcing the law, did not immediately respond to requests for comment.