(CNN) — Confusion has ensued after the Justice Department decided to, at least for now, not challenge a federal court ruling that struck down federal registration requirements for firearm suppressors, short-barreled rifles and other weapons.
The August 5 ruling from the US District Court in the Northern District of Texas is being celebrated by some hardline gun rights advocates as a major victory in their goal to gut the 1934 National Firearms Act. Despite not seeking a temporary stay of the ruling by the Wednesday night deadline, the Justice Department still has seven weeks remaining to file an appeal.
For now, who exactly is covered by the Texas court ruling appears murky, in part because the judge said it was limited to those who brought the legal challenge, including Gun Owners of America, which has members around the country. The judge said his order blocking the registration requirements applies to “plaintiffs and certain other individuals and entities that are closely associated with the plaintiffs,” adding that it covers “future customers” of the sellers associated with a gun rights group that helped bring the legal challenge.
“This is a confused mess,” one gun-rights advocate told CNN, describing how some gun owners are seeking clarity about whether they can lawfully buy suppressors without registration and can’t find any information from the government about where they stand legally. “It’s utter chaos about what to do or what not to do.”
Some of the confusion stems from the way the judge arrived at the decision, ruling that because Congress recently removed taxes on suppressors, the law is no longer Constitutional since it was based on Congress’s power to levy taxes.
However, by that logic, should a future Democratic Congress restore the tax, the registration requirements would seemingly be on firm legal footing again.
The politics of the upcoming midterms loom large over the issue, as White House officials seek to keep the president’s pro-gun rights base in the fold ahead of dire poll numbers for Republicans.
Top officials from the Justice Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the White House have debated what to do about the deadline this week, including some officials who sided with gun-rights groups that want the NFA gutted, according to a person familiar with the discussions.
In the end, the administration decided to not seek a stay of the ruling before the Wednesday night deadline, according to two people familiar with the discussions. Trump administration officials are still weighing a final decision on whether to appeal the ruling, the people said.
The ATF has not responded to CNN’s request for comment.
Gun Owners of America, the gun-rights group behind the legal challenge, held an event at the midnight deadline in which members of the group bought silencers in Texas without registration, marking what the group called the implosion of the 92-year-old law’s registration regime.
The lawsuit was filed in 2025 immediately after Congress removed the tax tied to the NFA registration requirements.
GOP Rep. Andrew Clyde, who helped lead the effort to remove the tax, is among a group of lawmakers pushing Attorney General Todd Blanche to not appeal the ruling.
“An appeal would prolong regulatory uncertainty for law-abiding gun owners and businesses and would consume DOJ resources defending a position that this Congress and now a federal district court has said cannot stand,” Clyde said. “We ask that the Department decline to appeal, to seek rehearing, or to otherwise attempt to cabin or narrow this ruling.”
Gun safety advocates have spoken out about the Justice Department’s decision not to defend the law.
“Today’s ruling is a dangerous step backward for public safety. For nearly 100 years, Congress has required background checks before someone could buy a silencer, short-barreled rifle, or short-barreled shotgun,” Adam Skaggs, vice president and chief counsel at GIFFORDS Law Center, said in a statement after the ruling.
“These commonsense safeguards keep these dangerous devices out of the wrong hands. Silencers make it harder for law enforcement to detect and locate active shooters. And short-barreled rifles and shotguns are easily concealable and extremely dangerous,” he added.
CNN’s Holmes Lybrand contributed to this report.
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