WASHINGTON — A September 17 CBS News report revealed that President Trump personally ordered the Justice Department not to appeal the August 5 district court decision that enjoined the unconstitutional registration requirements for untaxed firearms, like short-barreled rifles and shotguns and suppressors.
That revelation marks the first publicly reported action on gun control issues where the president personally intervened, outside of the February 2025 executive order directing the Justice Department to protect the Second Amendment, which set the tone on 2A issues at the beginning of his administration. (See our full DOJ Action Tracker here.)
The DOJ technically has until October 4 – 60 days from the date the order was entered – to file its appeal.
According to the CBS News report, “Mr. Trump has also told some Republican members of Congress in a series of calls in recent weeks that he would ensure the Justice Department did not contest the decision, sources familiar with the discussions said.”
On August 12, Rep. Andrew Clyde stated that sources in the Trump administration told him they would “NOT appeal our historic court victory against the NFA,” likely referring to the seven-day window to appeal the temporary stay, which indeed came and went with no appeal.
Even if there is no appeal, the court’s decision has opened up many questions that need clarification, especially given the nature of federally regulated firearms sales. The Justice Department has not yet issued any guidance to manufacturers, distributors, FFLs and customers as a result of the ruling, which included a complicated injunction.
On August 28, Director Cekada made a statement on X assuring citizens that the ATF would respect the court’s ruling, adding, “We are working diligently on clear guidance. Getting it RIGHT matters more than getting it out fast.”
Yet, nearly a month and a half after the court decision, the ATF has still not issued guidance. The lack of guidance has not deterred vendors or customers, with thousands of firearms transfers occurring daily across the nation for those protected by the injunction.
On September 18, Texas Gun Rights (TXGR), the state-level gun rights group, confirmed that the first cohort of FFLs passed ATF inspections for 4473-only suppressor transfers, a significant milestone given that ATF leadership certainly has to be aware of these inspections.
TXGR cited an AmmoLand report stating that “at least four Federal Firearms Licensees in four different states have undergone routine ATF inspections after transferring suppressors using ATF Form 4473.”
“The reported inspections are an encouraging sign for gun owners and dealers protected by the Texas injunction. But constitutional rights should not depend on rumors, anonymous reports, or which ATF field office walks through a dealer’s door,” wrote TXGR staff in their article, mirroring the sentiments of millions of gun owners around the country.
