A lot of the time, politics is all about action: doing things that will make a difference, one hopes with a positive or good outcome.
But a positive or good outcome can also come from doing nothing, as Jenny Sensiba points out:
ATF just took a big hit in federal court. U.S. District Judge James Wesley Hendrix has ruled in Jensen v. ATF that the government can no longer enforce the National Firearms Act registry for things like suppressors and short-barreled rifles.
The legal logic is pretty straightforward, even in a world where case law often treats the Second Amendment like a second-class right. Last year, Congress zeroed out the $200 transfer tax in the One Big Beautiful Bill. Back in 1937, the Supreme Court only allowed the National Firearms Act to exist because it was a tax framework, barely keeping it within the theoretical powers of Congress.
With the tax now gone, the constitutional justification that anti-gun courts have had for fingerprinting you and making you wait months for a piece of paper is no longer there, leaving the court with no choice but to rule the NFA unconstitutional.
Don’t go out and assemble that SBR yet, though. Judge Hendrix put a seven-day hold on his ruling so the Department of Justice can appeal. And the ruling will only apply to the plaintiffs and their members.
But, here’s the part you might not know: The DOJ doesn’t actually have to defend the NFA. They’re under no obligation at all to appeal the ruling.
And as Sensiba points out:
Sure, career government lawyers usually file appeals automatically to defend federal laws. They see it as their job. But, the DOJ is part of the executive branch, and President Trump is the guy at the top. He’s the one who signed the One Big Beautiful Bill into law that zeroed out the tax in the first place. Just as President Obama chose to have his DOJ decline to defend laws banning gay marriage, Trump can just as easily leave the NFA out in the legal cold and let it starve to death.
All it takes is one phone call to the [now confirmed] Attorney General telling the DOJ to stand down and decline to appeal.
With this satisfactory outcome:
In a week, if you’re a member or customer of one of the plaintiffs, you can order a suppressor or build that SBR or SBS. In two months, the ruling will become permanent and future administrations can’t appeal.
I guess now we’ll see whether DJT actually does believe in the Second Amendment — part of that pesky Constitution thing he swore to uphold and defend, twice. Just one email (a phone call doesn’t cut it) to the DoJ to say: “Stand back and do nothing.” (One thought: if our new USAG is the man Trump has suggested he is, he wouldn’t need any assistance from POTUS — that would be an even better outcome.)
Of course, there’s going to be weeping and wailing, gnashing of teeth and rending of garments from the Usual Suspects in the Gun Control Industry. But hell, every time Trump does anything, there’s weeping and wailing, gnashing of teeth and rending of garments from some bunch of Lefties or other — so why should this be any different?
It’s time to get the “F” out of the ATF.
What’s the old saying?
“Alcohol Tobacco and Firearms should be a convenience store NOT a government agency”
Also – why the fuck is an agency who was once headed by a fucking dumbass who couldn’t even field strip a Glock (among other stupid bureaucrats) telling citizens what they can and can not buy – all while the Hippocrates get the same equipment they regulate and or ban from regular citizens for free paid for by the citizens who rights they violate – sometimes using said tools to violate said citizens rights.
# Why the fuck does the IRS accountants need guns and ammo?
# seriously – how is a short barrel rifle any more dangerous than a handgun?
Those are two of many many questions I have.
Stupidity knows no bounds with tyrants.
I know SBR is Short Barrel Rifle but what is SBS?
Short Barrel Shotgun
I hope this case goes to the Supreme Court at some point soon.
If the nfa is out – I wants me an auto AK and a Glock 18.
Remember the Weavers. They were murdered by the government over barrel length.
What he said.
If Hell exists, do you think Janet Reno is shaking worse than a car with bad gas going uphill, while spending eternity in the fiery pit for her role in that debacle? Also don’t forget
1 – Branch Davidians – the amount of violence the govt put out to get David was fucking ridiculous. Terrorists have been treated better.
2 – Elian Gonzalez (Slick Willy and Janet Reno sending a militarized swat team with “ASSAULT WEAPONS” to deport one kid was OK but the same liberals who supported that are now very much against Tom Homan and Trump cleaning house.
# WTF
# If the liberals didn’t have double standards they would not have any standards.
# FUCK Janet Reno – tyrant bitch
Don’t forget the trigger man Lon Horiuchi, who shot Vicki Weaver. She was holding her deadly assault baby, so there’s some justification.
Right now thos decision applies to only the states in that district and the members of the suing organizations. The only advantage of DOJ appealing the decision and taking it to SCOTUS is that the decision would apply nationwide to all citizens. The basis for declaring it unconstitutional is the tax is zero dollars. What happens when the Dems regain control and increase it to $10,000?
I dont think Trump is really, thoughtfully, on board with the 2A and all that means. I’m sure he wouldnt go out of his way to screw with his base but when you get down to the core he’s a new york billionaire who spent most of his life as a democrat. I’m not saying he’s a hypocrite, or even insincere just, mira lago aside, he’s a new yorker.
I think they should let this one play out through the SCOTUS as soon as possible.
This is an election year, and Trump should be focused–as much as he ever is–on making sure that “we” keep the majority in the House and Senate.
Also a SCOTUS ruling–which we have in “our” favor at the moment–is way more powerful than a presidential order that says “don’t litigate”.
Here’s the other wrinkle. That judge’s decision doesn’t apply to the *country*, or even to the 5th district. It applies *ONLY* to the 15 states that were plaintiffs in the case: Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia and Wyoming.
(California???)
So IMO the ATF needs to take this to the SCOTUS, and the DoJ needs to weigh in on the side of the plaintiffs in this case. I don’t know how that would work logistically or legally, but if I were president now, that’s how I’d try to arrange it.
But if I were president right now I wouldn’t spend more than 30 minutes on it, there’s a LOT more on his plate than that.
Supposedly we have a friendly DOJ that is not interested in litigating the issue. Without that I wonder if it will go to the Supreme Court. Not that a supremes Descision would make it permanent.