Hey, remember when the gun control industry went berserk at reports that President Trump had instructed the DOJ not to appeal the Jensen/Silencer Shop Foundation case ruling? Well those reports were accurate.
In a filing with the court yesterday, the DOJ announced that it informed Congress last month that it has decided not to appeal a federal district judge’s permanent injunction ruling that, with the elimination of the $200 transfer tax last year, the National Firearms Act’s regulation of suppressors and short-barrel long guns is unconstitutional.
Here’s the Solicitor General’s letter to the Chairman of the Senate Judiciary Committee letting him know about the decision . . .
Brady’s Kris Brown shrieks that the DOJ’s non-appeal is UNCONSCIONABLE. Cope and seethe, Kris.
Meanwhile, there’s still more to do. Nine states that were plaintiffs in the suit have asked the court to clarify how the ruling affects sales and transfers within their borders and what ATF does or doesn’t have to do to make that clear.
ATF Director Robert Cekada has promised to issue guidance on that soon. We have it on very good authority that will be issued within the next two to three weeks.
Hang in there.
This is razor narrow, it only applies as to whether or not the DOJ will appeal the decision.
And, they won’t. Yay!
This says NOTHING about the BATF’s INTERPRITATION of how the ruling will apply to us, in matters like whether or not home-building a can will be hassle-free, as far as the .gov is concerned…
BREAKING: ATF Just Dropped the NFA Appeal! (But don’t cut that barrel off yet.)
“The Department of Justice and Solicitor General John Sauer have officially notified Congress that the federal government will NOT appeal the federal court ruling striking down the NFA registry requirements for suppressors, short-barreled rifles (SBRs), and short-barreled shotguns (SBSs).
While many are celebrating this as the death of the NFA, the reality on the ground is far more dangerous. If you don’t know exactly what this order covers—and what it leaves completely untouched—you could easily walk straight into a federal felony.
In this video, we break down:
• Which specific plaintiff groups actually protect you (GOA, FPC Action Foundation, SAF/FRAC, TSRA, CCRKBA).
• The critical legal difference between buying from PSA, Silencer Shop, SilencerCo, or B&T vs. cutting your own barrel at home.
• Why federal engraving requirements still apply even if Form 1 registration is enjoined.
• Why factory SBRs cannot simply be transferred on a Form 4473 yet due to Gun Control Act restrictions (18 U.S.C. § 922(b)(4)).
• The hidden state law traps—like Louisiana’s hunting code (R.S. 56:116.6)—that still demand a federal tax stamp regardless of what the federal court ruled.
Do not cut a barrel, modify an NFA firearm, or assume you are immune until you know the exact limits of this injunction.”
ht* tps://www.youtube.com/watch?v=EihRC6L0Y0k
The problem I have with the Court’s ruling is it’s limited scope. It only applies to Silencer Shop and its customers. If the ATF can’t enforce the NFA registration requirement against Silencer Shop, why should it be able to enforce it against other companies and their customers?