Trump orders Justice Department to stand down after court loosens ‘gangster weapons’ restrictions
“ATF (Alcohol, Tobacco, Firearms and Explosives) will issue guidance soon to implement the court’s order,” a Justice Department spokesperson told PEOPLE
NEED TO KNOW
- A recent federal court ruling makes it easier to obtain short-barreled firearms and silencers under the National Firearms Act
- President Trump directed the Justice Department not to appeal the decision, according to CBS News sources
- A Justice Department official told PEOPLE that it intends to tell Congress it will not appeal the ruling
President Donald Trump has ordered the Justice Department not to appeal a court ruling that makes it easier to obtain firearms known as “gangster weapons,” according to a new report.
Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas signed an order in August that would make it easier to obtain and sell short-barreled shotguns, short-barreled rifles and silencers.
The National Firearms Act of 1934 (NFA) established registration and tax requirements for items defined as “firearms.”
Every firearm purchased from a retailer requires a background check and an Alcohol, Tobacco, Firearms and Explosives (ATF) form, as shown here.
In January, the One Big Beautiful Bill Act set a $0 tax rate on the manufacture or transfer of all NFA firearms that are not machine guns or destructive devices.
“Because today’s NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power,” wrote Hendrix. “And there is no sign in the NFA’s text, structure, or statutory history that Congress invoked any other power in crafting the NFA provisions at issue. Thus, the regulatory provisions must be enjoined as unconstitutional because they exceed Congress’s enumerated powers.”
Although the order applies only to certain provisions of the law, the plaintiffs include a coalition of individuals, businesses, associations and states.
The president himself decided against appealing Hendrix’s ruling, CBS News reported on Thursday, Sept. 17, citing sources.
Trump has also told some Republican members of Congress he would ensure the Justice Department did not contest the decision, per the outlet.
A Justice Department official told PEOPLE that it intends to tell Congress it will not appeal the ruling, adding that speculation the administration was planning to appeal until the White House intervened is false.
“ATF will issue guidance soon to implement the court’s order,” the spokesperson said.
A White House spokesperson also told PEOPLE that “Anyone who would have been prohibited from buying a firearm under the old structure is still prohibited from buying a firearm under the structure that now exists after the federal district court’s decision.”
“All federal criminal statutes imposing additional charges or penalties for the unlawful possession of a firearm remain in place and will continue to be enforced by federal law enforcement,” the statement added.
