DOJ considers abandoning the defense of federal restrictions on gun silencers

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The Justice Department is evaluating whether to defend the federal government’s restrictions on gun silencers that have been in place since the 1930s as part of President Donald Trump’s order to reconsider positions that could limit gun rights.

Silencers, also called suppressors, are tube-shaped devices that, when screwed into the muzzle of a gun, slow the decompression of gases that propel a bullet forward, thus reducing the “pop” sound of gunfire.

The devices are legal in 42 states but have been subject to strict federal restrictions since Prohibition-era gang violence. Under the National Firearms Act, buyers are required to submit fingerprints and a photograph, go through a background check and to pay a $200 tax – a steep price in the 1930s. If a person fails to pay the tax or register one of the devices, they could face prosecution.

The Justice Department has defended the law for decades, arguing that it doesn’t ban silencers but simply governs how a buyer can acquire one. Still, late last week, prosecutors requested a 30-day pause in the criminal case against a firearms dealer found with an unregistered silencer because “the Department of Justice is re-evaluating its litigation positions regarding silencers.”

The review is one of the efforts undertaken by DOJ since Trump ordered the federal government to re-evaluate its gun policies and tasked Attorney General Pam Bondi with re-evaluating all ongoing litigation that could restrict Americans’ gun rights.

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