Federal Court Ruling on Firearm Suppressors and Short-Barreled Guns Takes Effect

A court order striking down regulations on firearm suppressors and certain guns took effect Thursday after the U.S. Justice Department did not file an appeal before a seven-day deadline set by a federal judge in Texas. The ruling, by U.S. District Judge James Hendrix in Lubbock, Texas, allows people to purchase silencers, short-barreled rifles, short-barreled shotguns, and certain other firearms without registration, also removing an extra layer of background checks.

The decision benefits parties that brought the lawsuit, including some dealers based outside northern Texas, but it is not a national injunction. Advocates say there are similar challenges in federal courts in other states. Separately, some states have their own prohibitions on silencers.

Judge Hendrix ruled that regulations under a 1930s-era law are unconstitutional, citing the elimination of a $200 permit tax on the devices by the Republican-controlled Congress and President Donald Trump. His August 5 order was set to take effect in seven days unless appealed. With no sign of a filing by the deadline, the ruling took effect.

Emma Brown, executive director at Giffords, a gun violence prevention group, criticized the Justice Department’s inaction as “a failure to defend public safety.” The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which enforces the law, did not immediately comment.

Under court rules, the government can still appeal in the weeks ahead, even with the order in effect. Gun Owners of America reported that two of its members acquired suppressors at Silencer Shop in Leander, Texas, without registration, calling it a “historic victory” that signals the end of federal registration for “constitutionally protected arms.”

The National Firearms Act, enacted in 1934 to combat mafia violence, regulates firearms considered most dangerous. Gun-rights advocates argue it conflicts with the Second Amendment, while Giffords chief counsel Adam Skaggs defended the system as “effective” and necessary.