A federal court order in Texas that struck down regulations on firearm suppressors and certain guns took effect Friday after the U.S. Justice Department did not file an appeal within a seven-day deadline set by the judge. This was reported by infohub.kz.
After the U.S. Justice Department did not appeal within the seven-day period set by the federal judge in Texas, the order became legally effective. The ruling allows people to purchase silencers, short-barreled rifles, short-barreled shotguns, and certain other firearms without registration, while also removing an extra layer of background checks.
The order benefits parties that brought the lawsuit, including some dealers based outside northern Texas, but it is not a nationwide injunction. Advocates say there are similar challenges in federal courts in other states. Additionally, some states have their own prohibitions on silencers.
U.S. District Judge James Hendrix in Lubbock, Texas, ruled that regulations in a 1930s-era law are unconstitutional. He said the rules must fall after the Republican-controlled Congress and President Donald Trump eliminated a $200 permit tax on the devices.
Hendrix said his Aug. 5 order would take effect in seven days unless the government appealed. There was no sign of an appeal in online records at his court or the 5th U.S. Circuit Court of Appeals. Emma Brown, executive director at Giffords, the gun violence prevention group, said the government's failure to pursue an immediate appeal is "a failure to defend public safety."
An email seeking comment from the Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces the law, was not immediately answered on Friday. Under court procedure, the government could still file an appeal in the weeks ahead, even while Hendrix's order stands.
Gun Owners of America said two members acquired suppressors at Silencer Shop in Leander, Texas, without having to register. The group's senior vice president, Erich Pratt, said: "Our members are putting the historic victory into action. The era of federal registration for constitutionally protected arms must end."
The National Firearms Act has been in effect since 1934, enacted in response to concerns about mafia violence. It regulates firearms considered the most dangerous, but gun-rights advocates say it conflicts with the Constitution's Second Amendment.
Giffords chief counsel Adam Skaggs said: "The system of regulating these weapons has been effective. The need is no less today than it was after the Prohibition era almost a century ago."