Second Amendment enthusiasts were buoyed by the Aug. 5 court ruling in favor of the plaintiffs in the consolidated Silencer Shop Foundation v. ATF and Jensen v. ATF cases.
But that decision enjoining the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing certain NFA provisions as related to suppressors applied to a long list of states and gun rights organizations weeks ago.
Can gun shops sell these popular accessories without registration? And to whom? ATF Director Robert Cekada posted Friday on X that his agency, stung by criticism since the decision, is working to provide clarity.
Cekada emphasized the ATF reacting properly to ruling over timeliness
“ATF respects the Court’s ruling and the rule of law,” Cekada posted. “We are following the order and will not take enforcement action against protected parties inconsistent with that ruling. We are working diligently on clear guidance. Getting it RIGHT matters more than getting it out fast.”
The confusion that would roil in the decision’s aftermath was not lost on the district court. After all, the result was not a clear rollback of controversial NFA provisions for all law-abiding citizens, but for plaintiffs in both cases, “their members and their customers.”
Frustration builds over lack of guidance following decision
“In any event,” the judge wrote, “if there are practical difficulties with enforcing a party-specific injunction, that is ‘the National Government’s problem, not [the Court’s].’”
That, at least, is crystal clear.
Also clear was the message in U.S. Rep. Tracy Mann’s (R-KS) letter to Cekada taking the director to task for the lack of guidance.
“Law-abiding gun owners and businesses should not be left guessing about what federal law requires of them,” Mann declared. “…Without clear guidance from ATF, law-abiding Americans are being left to determine for themselves how this ruling affects their rights, responsibilities, and livelihoods.”
Some believe ATF officials are purposefully leaving the gun rights community in the lurch due to displeasure with the district court decision. Cekada obviously tryed to refute that accusation, but actions are far more reassuring than mere words.
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