Anna Hartz
Gun rights groups celebrate as federal gun rules are struck down
US gun laws have long been the subject of heated political and legal battles. A new federal court ruling has now created another major dispute over how much control the government should have over certain firearms and silencers.
Federal registration not necessary
A federal judge in Texas has struck down parts of the nearly 100-year-old National Firearms Act, according to NPR. The decision could allow some people to buy and sell silencers and certain firearms without completing some federal registration requirements.
Judge James Wesley Hendrix of the Northern District of Texas gave the Justice Department one week to request an emergency appeal before the ruling took effect. The department did not do so. It still has more than a month to file a regular appeal.
Under the ruling, the change applies only to people and groups involved in the Texas case. It does not immediately change federal gun rules across the entire United States.
The National Firearms Act was passed in 1934 following concerns about weapons used by criminal gangs during Prohibition. The law placed a $200 tax on the manufacture and transfer of certain firearms and silencers. It also required them to be registered.
Congress later reduced that tax to zero for silencers and certain short-barreled rifles and shotguns. Gun rights groups and several states then challenged the remaining requirements, arguing that the government could no longer rely on its power to tax as a legal basis for those rules.
Judge Hendrix agreed with that argument.
Unsafe with more guns in circulation
Gun rights organizations welcomed the decision. Erich Pratt of Gun Owners of America called it one of the biggest Second Amendment victories in a century.
Gun control groups strongly disagree. Jack Budish of Everytown for Gun Safety said removing restrictions could make communities less safe by putting more weapons into circulation.
The ruling covers certain short-barreled rifles and shotguns, silencers and a small category of unusual firearms known as “any other weapons.” These can include concealable firearms with unusual designs.
The decision does not mean every gun owner can immediately stop following registration rules. Some states have their own requirements, and other federal laws may still apply.
Two other legal challenges to the National Firearms Act are also continuing in Missouri and Kentucky.
The Justice Department has not said whether it will appeal. The Bureau of Alcohol, Tobacco, Firearms and Explosives said it will continue processing applications according to current laws and regulations while the legal situation develops.
