The Justice Department has decided not to appeal the federal judgment that limits enforcement of several National Firearms Act provisions against parties covered by the Silencer Shop Foundation and Jensen litigation. DOJ disclosed that decision in an October 1 court filing, citing a September 24 letter from the solicitor general to Congress. The same filing says the Bureau of Alcohol, Tobacco, Firearms and Explosives is still preparing public guidance on the ruling.

The filing does not broaden the injunction or settle who qualifies for its protection. It is a motion asking U.S. District Judge James Wesley Hendrix for ten more days to answer a separate request from several plaintiff states. DOJ's response had been due October 2. The states want Hendrix to clarify whether the injunction applies to all relevant transfers inside each plaintiff state and whether ATF must notify or identify the people it considers covered.

The judgment stays, but its boundaries are disputed

Hendrix entered summary judgment and a permanent injunction on August 5 in the Northern District of Texas. The final judgment bars ATF, DOJ and their personnel from enforcing specified NFA transfer, making, registration and possession provisions for untaxed firearms against the named plaintiffs and, where applicable, their agencies, political subdivisions, members and customers, including current and future ones. It covers suppressors, short-barreled rifles, short-barreled shotguns and, for the Silencer Shop plaintiffs, the NFA category called “any other weapon.” The listed provisions include application and registration rules in Sections 5812, 5822 and 5841, enforcement provisions in Section 5861, and implementing regulations in 27 C.F.R. Sections 479.62 and 479.84.