DELRAY BEACH, FLORIDA - MARCH 24: Ian Brabender helps a customer buying a gun suppressor at WEX Gunworks on March 24, 2021 in Delray Beach, Florida. (Photo by Joe Raedle/Getty Images)
A federal court order that struck down regulations on firearm suppressors and certain guns took effect on Thursday after an appeal was not filed by the federal government before a seven-day deadline set by the judge.
The ruling allows for the purchase of silencers, short-barreled rifles and shotguns and certain other firearms without registration. It also removes an extra layer of background checks for those items.
In 1934, Congress enacted the National Firearms Act, which required a tax on making or transferring certain firearms and required registration. When Congress passed its massive tax cuts and spending bill, those taxes were removed.
Without taxes to collect, gun business and firearm trade groups filed a lawsuit to overturn parts of the NFA. Texas and 14 other states joined the lawsuit.
U.S. District Judge James Hendrix ruled last week that the regulations could not continue if the taxes under which they were enacted are removed.
What they're saying:
"By zeroing out the transfer and making taxes for most NFA firearms, Congress eliminated the constitutional basis for the regulations that formerly supported the taxes for those firearms," Hendrix wrote.
The ruling only applies in those states that were a part of the lawsuit.
"The challenged NFA provisions are unconstitutional. Congress’s choice to eliminate the transfer and making taxes matters, and the defendants cannot save the NFA’s regulatory scheme by referring to a power that Congress never invoked. Efforts to render the NFA constitutional must come from Congress, not this Court," Hendrix said.
Hendrix's opinion gave the U.S. Department of Justice seven days to file an emergency appeal.
On Wednesday, just ahead of the Thursday deadline, members of Congress sent a letter to Attorney General Todd Blanche urging him not to appeal the court's decision. The letter included nine members from Texas.
Texas leaders celebrate decision, while gun control groups said government ‘failed’
Local perspective:
Rep. Chip Roy called the decision a "decisive victory for the Second Amendment."
Just after midnight on Thursday, Gun Owners of America posted a photo of state Rep. Wes Virdell and Republican candidate for Texas' 23rd Congressional District, Brandon Herrera, getting ready to purchase silencers from a firearm shop.
What they're saying:
"These GOA members will not be filing a Form 4 or complying with the other enjoined provisions of the National Firearms Act," the GOA said in the post.
Virdell later celebrated the decision on social media.
"Last night was an amazing experience to be a part of history in the making," Virdell wrote.
The other side:
Gun control groups were less enthusiastic about the court's decision.
Brady said the DOJ "failed to protect the common-sense regulations on silencers, short-barreled rifles and shotguns, and other dangerous firearms."
"The Department of Justice had the opportunity to act to protect our safety, but it failed to do so," Brady President Kris Brown said. "Today, the gun industry and silencer dealers are celebrating, while Americans are left less safe."
GIFFORDS Executive Director Emma Brown said the DOJ put gun industry profits ahead of the safety of Americans.
"Congress put these safeguards in place nearly 100 years ago. As a result, silencers, short-barreled rifles, and short-barreled shotguns are rarely used in crimes today. But now, silencers and dangerous, easily concealable weapons can now easily get into the wrong hands and be used to harm innocent people," Brown said.
What's next:
Even though the ruling took effect Thursday, the Department of Justice still has 60 days to file an appeal on the decision.
The Source: Information in this article comes from federal court filings in the Northern District of Texas, comments made on social media, a letter from Congressional members to Attorney General Todd Blanche and comments made by gun control groups.