DOJ Won't Defend Suppressor Registry In Court After Congress Killed The $200 Tax

The Justice Department has now made it official: it will not defend part of the 92-year-old National Firearms Act in court, confirming what we reported in August.Solicitor General D. John Sauer told Congress that "the Department of Justice has determined not to file an appeal" in Silencer Shop Foundation v. ATF, the case in which a federal judge ruled that NFA registration requirements for suppressors and short-barreled rifles and shotguns are unconstitutional now that the tax behind them is gone. The letter, addressed to Senate Judiciary Chairman Chuck Grassley and dated Sept. 24, was made public this week.The NFA has required owners of suppressors and short-barreled guns to pay a $200 tax and register with the federal government since 1934. President Trump's One Big Beautiful Bill eliminated that tax for suppressors and short-barreled rifles and shotguns, but left the registration requirement in place. Gun rights groups sued, arguing that a registry justified by Congress's taxing power can't survive once there's no tax to collect.On Aug. 5, U.S. District Judge James Wesley Hendrix of the Northern District of Texas agreed, finding the challenged provisions could no longer be sustained under Congress's taxing power and rejecting the government's fallback argument that the interstate commerce power could save them. The case was consolidated with Jensen v. ATF.The injunction protects the plaintiffs and their "current and future members and customers," not the general public. The covered groups include Gun Owners of America, the Citizens Committee for the Right to Keep and Bear Arms, FPC Action Foundation and the Texas State Rifle Association, according to Bearing Arms. Machine guns, destructive devices and the NFA's special occupational tax are not covered at all.The result is a two-tier Second Amendment. If you hold the right membership card, the federal registry no longer applies to your suppressor. If you don't, nobody in Washington will say. "The DOJ has yet to release any guidance about how the court's decision will impact the NFA's registration requirements for those who fall outside the protection of the injunction," Bearing Arms' Cam Edwards wrote.The court granted DOJ a 10-day extension, to Oct. 12, to respond to nine plaintiff states asking whether the injunction covers all of their residents or only members and customers of the plaintiff groups, and ATF Director Robert Cekada has said guidance on transfers and interstate travel is coming "within weeks."Republicans on the Hill want the department to go further. In August, Rep. Andrew Clyde of Georgia led 46 House members and 8 senators in urging Attorney General Todd Blanche not only to skip the appeal but to apply the ruling nationwide through rulemaking, warning that "an appeal would prolong regulatory uncertainty for law-abiding gun owners and businesses and would consume DOJ resources."Whether the nationwide relief they asked for arrives, in the Oct. 12 filing or ATF's promised guidance, will decide whether gun owners outside the covered groups are still committing a federal felony by skipping paperwork for a tax that no longer exists.* * *