President Trump personally directed the Justice Department not to appeal a federal court decision that dismantled 90 years of restrictions on certain specialized firearms, defying recommendations from career prosecutors who warn the move is already undermining criminal prosecutions nationwide.
Presidential Order Overrides DOJ Lawyers
Multiple sources confirm Trump made the decision himself and reinforced his directive through recent phone calls with Republican members of Congress. The president assured lawmakers he would ensure the Justice Department would not contest the August ruling by U.S. District Judge James Wesley Hendrix, a Trump appointee in the Northern District of Texas. Career and politically appointed lawyers across multiple Justice Department offices had recommended appealing the decision, arguing it violates the department’s constitutional duty to defend laws enacted by Congress when reasonable legal arguments exist to support them.
The Justice Department has until October 5 to file an appeal. Instead, a department official confirmed they will notify Congress of their decision not to challenge the ruling. The Bureau of Alcohol, Tobacco, Firearms and Explosives will issue guidance soon to implement the court’s order, according to a Justice Department spokesperson.
Ninety Years of Gun Regulation Eliminated
Judge Hendrix ruled that most restrictions under the National Firearms Act are unconstitutional, except for provisions covering machine guns and explosive devices. Since 1934, the law required anyone seeking to sell, possess or make covered firearms to submit detailed written applications to the ATF, undergo fingerprinting, and register weapons engraved with serial numbers. These regulations targeted the types of concealable weapons used by Depression-era gangsters like Al Capone, including sawed-off shotguns and Tommy guns.
The ruling applies only to parties in two consolidated cases brought by 15 red states and Second Amendment groups including Gun Owners of America and Gun Owners Foundation. However, any current or future members of these organizations are covered under the decision. An annual membership to Gun Owners of America costs just $25.
Impact on Law Enforcement and Gun Access
Federal prosecutors have warned the ruling is already adversely affecting firearms prosecutions across the country. However, a White House spokesperson emphasized that anyone previously prohibited from buying firearms remains barred from purchases, and all federal criminal statutes imposing additional penalties for unlawful gun possession remain enforceable. The ruling does not affect popular commercial firearms like AR-15s and Glock pistols, which are regulated under separate federal law. Convicted felons and other prohibited persons still cannot legally purchase any firearms, including those previously regulated under the National Firearms Act.