# Trump blocks appeal of ruling that loosens gun restrictions

> President Trump ordered the Justice Department not to appeal a court decision that weakened federal oversight of short-barreled rifles, shotguns and silencers.
- Title: Trump blocks appeal of ruling that loosens gun restrictions
- Summary: President Trump ordered the Justice Department not to appeal a court decision that weakened federal oversight of short-barreled rifles, shotguns and…
- Keywords: trump, justice department, firearms regulation, national firearms act, short-barreled rifles, silencers, gun rights, james wesley hendrix, gun owners of america, news, blocks, appeal
- Source: CBS News — https://cbsnews.com/news/trump-doj-gangster-weapons-gun-restrictions-appeal
- Author: Sarah N. Lynch
- Published: 2026-09-17T23:56:00+00:00
- Read time: 3 min
- Topics: trump, justice department, firearms regulation, national firearms act, short-barreled rifles, silencers, gun rights, james wesley hendrix, gun owners of america, news
## Trump blocks DOJ appeal of gun ruling
President Trump ordered the Justice Department not to appeal a court ruling that loosened restrictions on short-barreled rifles, short-barreled shotguns and silencers, allowing some Americans to possess them with less government oversight.
## Decades of strict regulation
For more than ninety years, short-barreled rifles, shotguns and silencers have been among the most heavily regulated firearms because they are generally considered particularly dangerous and easily concealable.
## How the National Firearms Act worked
Under the National Firearms Act, first enacted in nineteen thirty-four, anyone wishing to sell, possess or make a firearm covered by the law had to submit a detailed written application to the Bureau of Alcohol, Tobacco, Firearms and Explosives, be fingerprinted and register the weapons.
## Texas judge strikes down restrictions
In August, U.S. District Judge James Wesley Hendrix, a Trump appointee in the Northern District of Texas, ruled that most restrictions on firearms regulated under the National Firearms Act are unconstitutional.
## Trump personally decided against appeal
The president himself decided against appealing the ruling. Trump also told Republican members of Congress in recent weeks that he would ensure the Justice Department did not contest the decision.
## DOJ lawyers disagree with the move
Career and politically appointed lawyers at the Justice Department across multiple offices disagree with the court's opinion and have warned it is already adversely impacting federal firearms prosecutions across the country.
## Breaks with legal tradition
Not appealing runs counter to the Justice Department's duty to defend, a longstanding legal principle that says the department has a constitutional duty to defend laws enacted by Congress as long as reasonable arguments can be made.
## Who brought the lawsuit
The judge's decision came in two consolidated cases brought against the government by fifteen red states and a number of Second Amendment gun rights groups and individuals, including the Gun Owners of America and the Gun Owners Foundation.
## Judge's reasoning on the tax
Hendrix based his opinion on Congress's decision to eliminate a two hundred dollar tax on firearms regulated under the National Firearms Act. He wrote that without the tax, the regulatory provisions cannot be upheld under the taxing power.

> Because today's NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power.
## Prosecutions already affected
The injunction's coverage of future members of gun rights groups has already caused problems for federal prosecutors. In one case in Alabama, the Justice Department dismissed an indictment against Cameron Silmon on a silencer charge after he claimed he joined a gun rights group after the ruling.
## Gun control groups warn of danger
Emma Brown, executive director of GIFFORDS, argued that deciding not to appeal would constitute a failure to defend public safety. She said the Trump administration could bring back the days of Al Capone.

> The Trump Administration could bring us back to the days of Al Capone, where silencers and short-barreled shotguns were used to recklessly kill people.
## Congress could still act
If the Justice Department does not appeal, other interested parties like states or counties could try to ask the court for permission to intervene and appeal. Congress could also reinstate the tax or pass a different law to regulate the weapons.
## Key takeaway

Trump ordered the DOJ not to appeal a Texas court ruling that struck down restrictions on short-barreled rifles, shotguns and silencers, allowing some Americans to possess them with less government oversight.