GOP Lawmakers Urge DOJ to Turn Jensen v. ATF Decision into Nationwide Rule

A coalition of Republican legislators asked the Justice Department to forgo appealing the Jensen v. ATF ruling and to use rulemaking to extend its effect across the United States.

Plaintiffs in Jensen v. ATF won a judgment that releases them from the National Firearms Act’s registration, tax and reporting duties for silencers and short-barrel rifles or shotguns, a case now consolidated with Silencer Shop Foundation v. ATF. The Justice Department has a seven-day window to appeal, but Representative Andrew Clyde and a group of 46 Republican senators and House members have written to Attorney General Todd Blanche urging the department to decline an appeal.

Their letter cites the court’s finding that the NFA provisions are unconstitutional because they rely on a zero-dollar tax, and they request that the DOJ use rulemaking to make the ruling the default policy for all untaxed firearms. The signatories warn that without immediate, nationwide application, enforcement would become inconsistent, favoring some gun owners over others. They also ask the ATF to formally amend or repeal the challenged rules to create a lasting regulatory fix. The correspondence was copied to ATF Director Robert Cekada and emphasizes the Second Amendment as a safeguard of liberty.