DOJ Won't Defend Suppressor Re... Note

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

The Justice Department will not appeal a court ruling that found parts of the National Firearms Act unconstitutional. This ruling originated from the Silencer Shop Foundation v. ATF case. A federal judge determined that registration requirements for suppressors and certain rifles and shotguns under the NFA are unconstitutional without the associated tax. The NFA originally imposed a $200 tax and registration for these items. While a Trump-era bill removed the tax, the registration requirement remained. Gun rights groups argued that a registry based on taxing power is invalid without the tax. The judge agreed, rejecting the government's commerce clause argument as well. The current injunction protects members and customers of specific gun rights organizations, not the general public. This creates a disparity in Second Amendment rights based on group affiliation. The Justice Department has yet to clarify how the ruling affects individuals outside the injunction. The court granted an extension for the DOJ to respond to states seeking broader clarification. Republicans are urging the DOJ to apply the ruling nationwide through rulemaking. The outcome will determine if failure to register these firearms constitutes a federal felony for those not covered by the injunction.
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