The Justice Department has let a week pass without appealing a federal judge’s decision striking down key provisions of the 1934 National Firearms Act, leaving both gun control advocates and Second Amendment groups wondering whether the Trump administration plans to defend the decades-old law at all.
The ruling, handed down last week, declared portions of the NFA unconstitutional. Under normal procedure, the DOJ would have already filed notice of appeal. Instead: silence.
What the 1934 Law Controls
The National Firearms Act regulates ownership of short-barreled rifles and shotguns, suppressors, and other weapons through registration requirements and a $200 tax stamp. For nearly 90 years, it’s been a cornerstone of federal gun regulation, predating even the Gun Control Act of 1968.
The judge’s ruling didn’t strike down the entire act, but targeted specific provisions the court found violated the Second Amendment under the Supreme Court’s recent Bruen standard, which requires gun laws to have historical precedent from the founding era.
Gun control organizations immediately called on DOJ to appeal. Several groups have filed amicus briefs urging the government to act. One coalition warned that failure to defend the law would “open the floodgates” to unregulated weapons they argue have no place in civilian hands.
Why the DOJ Delay Matters
The appeal window hasn’t closed, but every day of inaction signals something. Either the Trump administration is carefully reviewing whether to defend a law passed before most Americans’ grandparents were born, or it’s deliberately letting the ruling stand.
Second Amendment advocates see opportunity. If DOJ declines to appeal, the ruling would immediately affect enforcement in that judicial district. Other gun owners could file similar challenges in courts nationwide, citing the precedent.
The administration hasn’t commented publicly on its plans. A DOJ spokesperson declined to discuss internal deliberations on pending litigation.
What Happens Next
The deadline for filing an appeal hasn’t passed, but it’s approaching. If DOJ doesn’t act, the ruling becomes final in that jurisdiction. Gun rights groups are already preparing additional lawsuits in other circuits, hoping to build a wave of favorable precedents that could reach the Supreme Court.
For now, gun owners and gun control advocates alike are watching the calendar—and waiting to see whether the Trump Justice Department treats a 90-year-old gun law as worth defending.
Key Points
- Federal judge struck down portions of the 1934 National Firearms Act last week, but DOJ has not yet filed an appeal
- The NFA regulates short-barreled weapons and suppressors through registration and a $200 tax stamp
- Gun control groups are demanding DOJ defend the law while Second Amendment advocates hope the silence means the administration is standing down
https://thehill.com/regulation/court-battles/6027682-doj-gun-ruling-nfa-appeal-silence/ – August 13, 2026
