Staff Reports
A new letter led by Rep. Andrew Clyde and signed by roughly 47 House and Senate Republicans is pushing Attorney General Todd Blanche and ATF Director Robert Cekada to do something simple: don’t appeal the Texas court’s Jensen v. ATF/Silencer Shop Foundation v. ATF ruling, and instead use rulemaking to make that decision apply to every law‑abiding American. The GOP coalition argues this will avoid a patchwork of enforcement and make the court’s constitutional holding permanent through the Administrative Procedure Act.
The GOP demand: rulemaking, not more courtroom theater
The letter tells DOJ to “apply the court’s constitutional holding as its nationwide operating position” and to “initiate rulemaking to formally rescind or amend the challenged regulations as they apply to untaxed firearms.” In plain English: the federal government should stop wasting time on appeals and start changing ATF rules so suppressors and short‑barreled firearms are treated consistently across the country. The signers include senators and representatives known for supporting gun rights, and the letter was copied to ATF leadership so there’s nowhere to hide.
Why this matters: from a zero tax to a zero excuse
The legal spark here is Congress itself. Section 70436 of the One Big Beautiful Bill Act set the excise tax on certain NFA items to zero. Plaintiffs argued, and a Texas judge agreed, that a tax set to zero can no longer justify the registration machinery built on the taxing power. But the judge’s relief covers only the named plaintiffs and their members, not every American. That limited reach is why GOP lawmakers want DOJ to change the rules nationwide through the APA so ordinary citizens aren’t left with different rules than a Silencer Shop customer down the street.
DOJ’s choices and the practical tradeoffs
DOJ has two obvious paths. It can appeal the district court’s ruling to the Fifth Circuit and keep fighting, which buys time but risks more losses and keeps regulations in limbo. Or it can decline to appeal, instruct ATF to adopt the court’s holding as policy, and begin notice‑and‑comment rulemaking to make the change durable. Rulemaking takes months and will invite legal challenges, but it avoids a two‑track enforcement system where neighbors face different rules. Frankly, career bureaucrats will probably love the drama of another appeal. But doing the right thing for gun owners would be quieter and faster.
Attorney General Blanche now has a clear choice with real consequences. Either preserve the government’s right to litigate and keep the uncertainty, or follow the court’s logic, direct ATF to change how it enforces the NFA, and start the rulemaking process to make those changes stick. For Republicans who signed the letter, this is about both principle and practical fairness: no more selective enforcement, no more registration rules propped up by an emptied tax. Keep an eye on DOJ filings and any ATF guidance — this fight will set the tone for how federal gun rules respond when Congress changes the law.
