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DOJ Says It Will Not Challenge Court Decision Ending Suppressor Registration

The Justice Department notified Congress that it will not appeal a Texas federal judge’s ruling that struck down paperwork and registration requirements for gun suppressors.

The Department of Justice formally informed Congress that it will not pursue an appeal of a federal district court ruling that eliminated the registration and paperwork obligations for firearm suppressors. Solicitor General D. John Sauer wrote that the August 5 judgment, delivered by Judge James Wesley Hendrix of the Northern District of Texas, deemed the National Firearms Act’s requirements unconstitutional after the transfer tax was reduced to zero.

The court also rejected the use of the commerce clause to support those regulations. As a result, the ATF can no longer compel owners to register suppressors or short barrels. Government data indicate that over 6.9 million suppressors had been registered before the stay expired, while industry estimates suggest at least 6.1 million are privately owned.

Since the stay lifted on August 12, at least two suppressors have changed hands without the ATF’s Form 4 filing. The Fifth Circuit had previously classified suppressors as protected arms under the Second Amendment.

Why it matters

The decision removes federal registration hurdles for suppressors, expanding gun owners' rights and limiting ATF authority.

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