Federal court ruling lifts NFA restrictions on suppressors, certain firearms

Photo credit: Fox26

TEXAS — A federal court ruling striking down federal regulations on firearm suppressors and certain short-barreled firearms took effect Thursday after the U.S. Department of Justice did not appeal the decision within the seven-day deadline set by the judge.

U.S. District Judge James Hendrix ruled last week that provisions of the National Firearms Act could not remain in effect after Congress eliminated the taxes that had supported the regulations.

The ruling removes registration and tax requirements for suppressors, short-barreled rifles and shotguns, and certain other firearms covered under the challenged provisions. It also eliminates an additional federal approval process for those items.

Congress enacted the National Firearms Act in 1934, requiring taxes and registration for certain firearms. Congress later eliminated the taxes as part of a broader tax and spending law.

Firearms businesses and industry groups then challenged the remaining regulations, with Texas and 14 other states joining the lawsuit.

Hendrix said Congress’ decision to eliminate the taxes affected the constitutional basis for the regulations and that any changes needed to preserve the requirements must come from Congress.

The ruling applies only in the states that participated in the lawsuit.

Hendrix gave the Justice Department seven days to seek an emergency appeal. The deadline passed Thursday without an appeal.

On Wednesday, several members of Congress urged Attorney General Todd Blanche not to challenge the ruling. The letter included nine Texas lawmakers.

Texas lawmakers and gun-rights groups welcomed the decision. Rep. Chip Roy called it a “decisive victory for the Second Amendment.”

Gun-control organizations criticized the Justice Department for not appealing the ruling, arguing that the decision removes longstanding federal safeguards.

Brady President Kris Brown said the ruling leaves the public less protected, while Giffords Executive Director Emma Brown said the decision could make suppressors and other regulated firearms easier to obtain.

The ruling remains limited to the states involved in the lawsuit.

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