By Dave Workman
Editor-in-Chief
Gun owners across most of the country are cheering the Justice Department’s decision to not ask for a stay of the ruling of Federal District Judge James Wesley Hendrix last week which struck down restrictions on the ownership of suppressors and short-barreled rifles and shotguns.
But, legal experts are advising, we’re not out of the woods just yet.
It is not a blanket ruling, according to the Silencer Shop, the plaintiff in one of two consolidated legal actions leading to the ruling. And, Bill Sack, senior director of Legal Operations at the Second Amendment Foundation (SAF), cautioned that there are still some questions which need clarification from the Justice Department.
The Hendrix ruling does not apply to everyone—or every state—nationwide. Some states still do not allow ownership of short-barreled rifles or shotguns (SBRs), firearms classified as “any other weapon” (AOW), or suppressors. And there are 15 states which, by state law, still require filling out NFA paperwork.
“There are a lot of unknowns,” attorney Sack acknowledged. “We totally understand people are excited. However, there are some unknowns and we are also actively soliciting the government for guidance.”
There appears to be some confusion about the ruling, who it affects, and its ramifications.
“We’re working hard to put out information that is as thorough and complete as it can be,” Sack said.
A request for clarification is being sent by all of the plaintiffs’ attorneys to DOJ and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
In a statement released Thursday by SAF, Executive Director Adam Kraut explained, “We’re thrilled that Americans are one big step closer to being free of the unconstitutional NFA registration scheme. While the excitement of the moment is palpable, it’s important to remember that the government still has time to appeal the ruling, so it’s not quite time to break out the champagne. There are also numerous outstanding questions as to how the injunction will be interpreted by the federal government and how both the people and affected arms will be treated, both now and in the future. We are working closely with counsel to determine the answers to these questions and will most certainly pass along any new information to our members and supporters as it’s received.”
The cases are Silencer Shop v. ATF and Jensen v. ATF, the latter being a case brought by the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), FPC Action Foundation, Texas Rifle Association, Hot Shots Custom and three individuals. The case is supported by the Second Amendment Foundation, which is calling the DOJ decision “A monumental victory for American gun owners.”
The Silencer Shop is reminding people in the “paperwork” 15 states they must still fill out National Firearms Act (NFA) paperwork to purchase. Those states are Alaska, Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington, and Wisconsin.
“State law still requires the Form 4 process here, and we handle the paperwork end to end — same as always,” says the Silencer Shop website.
States where SBRs, AOWs and/or suppressors remain illegal under state statute are California, New Jersey, New York, Massachusetts, Delaware, Rhode Island and Illinois. (See the Silencer Shop map.)
The New York Times is describing the DOJ decision as “a retreat by the Trump administration” under pressure from “dozens of Republican lawmakers” and gun rights groups.
READ: FED. JUDGE STRIKES DOWN NFA REQUIREMENTS ON SBRS, SUPPRESSORS
CCRKBA Chairman Alan Gottlieb cheered the Hendrix decision.
“We are delighted with the ruling from Judge Hendrix,” said CCRKBA Chairman Alan Gottlieb. “With the tax no longer in existence, there was no logical reason for the ATF’s registration requirement to continue. With this victory setting a precedent, we anticipate success in the other cases involving our sister organization, SAF.”
However, gun prohibition lobbying groups are furious with DOJ and Attorney General Todd Blanche, issuing statements in a joint press release.
“The Department of Justice had the opportunity to act to protect our safety, but it failed to do so,” said Kris Brown, the president of the Brady Campaign to Prevent Gun Violence. “Our elected officials are supposed to serve the American people, not the gun industry’s bottom line. Today, the gun industry and silencer dealers are celebrating, while Americans are left less safe.”
“Less than a week after Senate Republicans confirmed Todd Blanche as Attorney General, DOJ has failed to defend a 100-year-old public protection against some of our nation’s deadliest weapons – even as it actively defends this exact same law in other courtrooms,” stated John Feinblatt, president of Everytown for Gun Safety.“This decision is a clear sign that under the leadership of AG Blanche, who has strong family ties to the gun industry, DOJ is more concerned with protecting gun companies than public safety. We demand that AG Blanche appeal this dangerous ruling.”
“The Department of Justice’s decision is a failure to defend public safety. 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. This is exactly the outcome the gun lobby wanted when they pushed for this provision in the Big Beautiful Bill. By not seeking a stay, the Department of Justice is putting the gun industry’s profits ahead of the American people’s safety,”GIFFORDS Executive Director Emma Brown declared.
CCRKBA’s Gottlieb is pulling out all the stops to remind gun owners that the injunction applies to all CCRKBA members and future members. People who join the organization are automatically included. In a statement released Thursday, the organization noted, “In plain language, if you are a current CCRKBA member, this is a good reason to keep your membership from lapsing. If you join CCRKBA as a new member, you are automatically covered under the language in Judge Hendrix’s ruling.”
