A federal judge in Texas has invalidated a 1930s law regulating firearm suppressors and certain guns categorized as highly dangerous. The decision comes over a year after the removal of taxes on these items. This ruling may permit firearm owners to acquire suppressors, short-barreled rifles, and certain other firearms without the need for registration and an additional layer of background checks.
In the previous year, Republicans lifted a $200 tax on these devices as part of a substantial tax and spending reduction bill signed by former President Donald Trump. These regulations were initially mandated under the National Firearms Act, enacted in response to mafia-related violence in the 1930s. Advocates for gun restrictions emphasized that the law still offers significant safety protections, criticizing the ruling as reckless.
U.S. District Judge James Hendrix stated that since the taxes under the act are no more, the regulation should not be enforced. “No longer can the challenged NFA provisions be justified — as they have been for nearly 90 years — under Congress’s taxing power,” Hendrix wrote. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, tasked with enforcing these regulations, did not immediately respond to a request for comment.
The National Firearms Act, effective since 1934, has been pivotal in differentiating and regulating firearms deemed most dangerous. The act’s tax element ensured compliance and registration, according to gun rights groups. The recent ruling marks a significant win for these groups, who aspire to raise the issue to the U.S. Supreme Court.
The Second Amendment Foundation expressed positive anticipation, stating, “This ruling will set a precedent we can now argue in courts across the country to allow Americans to exercise their Second Amendment rights without fear of being placed on some government registry.” Although federal law still mandates background checks, Giffords Law Center Chief Counsel Adam Skaggs noted that the registration process included notifying local law enforcement, effectively serving as a more rigorous background check for NFA weapons, which is now unenforceable.
In June, the number of registered firearm suppressors in the U.S. surpassed 6.4 million, according to figures from the ATF. The Giffords Law Center criticized the ruling as a “dangerous step backward for public safety,” advocating for stricter gun control measures.
Wilder, a participant in the Report for America program, authored this report. Report for America is a nonprofit initiative positioning journalists in local newsrooms to cover less-reported issues.
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