Texas Court Ruling Strikes Down Federal Firearm Regulations
A Texas court order eliminating federal registration for silencers and certain firearms took effect after the DOJ did not appeal.
A federal court order in Texas that invalidates long-standing regulations on firearm suppressors and certain other weapons went into effect on Thursday. The U.S. Justice Department did not file an appeal within the seven-day window set by the presiding judge, allowing the ruling to stand for now.
The decision, issued by U.S. District Judge James Hendrix in Lubbock, removes the requirement to register silencers, short-barreled rifles, short-barreled shotguns, and similar firearms. It also eliminates an additional layer of background checks that had been tied to these purchases.
Judge Hendrix ruled that the regulations, rooted in the National Firearms Act of 1934, are unconstitutional. He noted that the recent elimination of a $200 permit tax by Congress and the President made the older rules untenable under the Second Amendment.
The order applies to the parties involved in the lawsuit, including some gun dealers located outside northern Texas. It is not a nationwide injunction. Similar legal challenges are pending in other federal courts, and some states maintain their own separate restrictions on silencers.
Gun rights groups have welcomed the development. Gun Owners of America reported that two of its members acquired suppressors from a Texas dealer without having to register them. The group's senior vice president, Erich Pratt, called it a historic victory and said the era of federal registration for protected arms must end.
Gun violence prevention advocates have criticized the government's decision not to appeal immediately. Emma Brown, executive director of Giffords, described the move as a failure to defend public safety. The group's chief counsel, Adam Skaggs, argued that the regulatory system has been effective and remains necessary today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces the law, did not immediately respond to a request for comment. The government could still file an appeal in the coming weeks, even though the court's order is currently in effect.