The Justice Department asked a federal judge on October 12 to deny a group of states' request to clarify the permanent injunction in Silencer Shop Foundation v. ATF. In its seven-page response, the government argues that ATF's October 9 nationwide nonenforcement guidance has already answered the states' practical questions, while the injunction itself does not protect every person or transaction inside the plaintiff states. The court has not yet ruled on that disagreement.

The clarification motion asks about two parts of the August judgment. The states want to know whether ATF must tell federal firearms licensees which people and transactions the injunction covers. They also want the court to say whether federal officials are barred from enforcing the challenged National Firearms Act provisions against anyone conducting a covered transaction within a plaintiff state's borders. The underlying injunction protects named plaintiffs and, where applicable, their agencies, political subdivisions, members, and customers, both current and future. It does not use a blanket geographic command covering every resident.

DOJ points to ATF's new guidance

The government's first answer is that no further instructions are necessary. Its filing cites ATF's October 9 open letter and frequently asked questions, which announce that the agency will not enforce the challenged provisions against anyone or any transaction to which they apply. DOJ says that means no federal firearms licensee is currently required to submit a Form 4 for a covered transfer and no buyer is currently required to register a suppressor, short-barreled rifle, short-barreled shotgun, or “any other weapon” to complete a purchase from a licensee.