Texas judge rules that law regulating firearm suppressors and some guns can’t be enforced

AUSTIN, Texas (AP) — A federal judge in Texas on Wednesday struck down a 1930s law that imposed regulations on firearm suppressors and guns that are considered the most dangerous, more than a year after President Donald Trump signed a bill eliminating taxes on those items.

The ruling could allow firearm owners to purchase firearm suppressors — known as silencers — short-barreled rifles, short-barreled shotguns and other certain firearms without registration, while also removing a layer of background checks. Last year, Republicans eliminated a $200 tax on those devices under Trump’s massive tax and spending cut bill.

The regulations are required under the National Firearms Act, passed in the 1930s in response to concerns about mafia violence. Groups that support gun restrictions said the law still has important safety protections and criticized the ruling as reckless.

U.S. District Judge James Hendrix said because there were no longer taxes under the act, the regulation should not continue either.

“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, which enforces the regulations, did not immediately return an email seeking comment.

The National Firearms Act has been in effect since 1934 and establishes key differences and regulates firearms considered the most dangerous. Because the act implemented a tax on the item, the registration was often used to ensure the tax was paid, gun rights groups said.

The ruling was a major victory for gun rights groups who said they hoped the decision would create momentum to ultimately send the case to the U.S. Supreme Court.

“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,” the Second Amendment Foundation said in a statement.

While background checks will still be required under federal law, Giffords Law Center Chief Counsel Adam Skaggs said the registration process included notifying local law enforcement and asking if there was any reason to deny the application.

“That process effectively functioned as a heightened background check for NFA weapons, and that process is no longer enforceable,” Skaggs said in a statement.

In June, the number of registered firearm suppressors in the U.S. was more than 6.4 million, according to the ATF.

“Today’s ruling is a dangerous step backward for public safety,” the Giffords Law Center, which advocates for tougher gun control measures, said in a statement.

___

Wilder is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.