Justice Department to no longer enforce certain provisions of 1934 firearms law: How does this impact gun registrations?

The Justice Department on Friday said it would no longer enforce some provisions of the 1934 firearms law. The law was passed by the Congress to regulate firearms most often used by mobsters. This comes after a judge declared several parts of the law unconstitutional.

The move is expected to allow more people to purchase firearm suppressors, commonly known as silencers. It will also allow more people to buy short-barrelled rifles and certain other guns without registering them with the government.

The policy changes are based on a ruling made by a Texas judge in August. The judge had ruled the law’s permitting process to be unconstitutional. While the ruling was limited to those involved in the case, the Justice Department said it would no longer enforce the requirements more broadly. The department in September decided not to appeal the federal judge’s ruling.


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What was the ruling?

The Texas judge’s ruling impacted large parts of the National Firearms Act. The act mandated that any individuals wishing to sell, possess or make a firearm had to submit a detailed application. The individual had to submit a written application to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The act had aimed at addressing easily concealable firearms. These kinds of firearms were most often used by mobsters during the Prohibition era.

The district judge, James Wesley Hendrix, ruled that most of these restrictions, barring two categories of specialized firearms, were illegal. This decision came in two consolidated cases. The cases were brought against the government by 5 red states and several Second Amendment gun rights groups and individuals.

How does the move impact gun registrations?

Under the new guidelines, the Justice Department will no longer require registration unless the buyer lives in a state which has separate laws. There are about 15 such states across the country that require people to go through the permitting process.

The registration process will however still apply for machine guns. It will also apply for devices that are considered “destructive” under the federal law, the Justice Department said.

Individuals will still have to fill out the standard firearms purchasing form. The form generally includes questions about things that may disqualify one from legal gun ownership. All individuals aiming to buy a firearm will also be required to pass a background check as before, officials said.

What did the ATF say?

Rob Cekada, the director of the ATF bureau, said that the direction from the President, Congress and the courts is clear, according to an emailed statement to AP. He added that the ATF is now following suit with their enforcement posture.

In the interview, Cekada said that after the ruling the department got a lot of questions from the public and Congress members about how they would handle the law’s enforcement nationwide.

He said the Trump administration believed that the best and fairest thing was to address the rules nationwide. He added that this would avoid a “confusing patchwork or regulations across the country”.