Senators led by Kelly say DOJ's refusal to seek appellate relief let the NFA's century-old regulatory framework lapse for the first time.
Thirteen Senate Democrats sent a letter Friday to Attorney General Todd Blanche demanding answers after the Department of Justice declined to seek emergency appellate relief from a Texas district court ruling that struck down key regulatory requirements of the National Firearms Act of 1934.
The U.S. District Court for the Northern District of Texas had temporarily stayed its own order — giving DOJ a window to appeal — but the department let the injunction take effect instead. The senators say the result is a first-of-its-kind gap in nearly a century of federal firearms regulation.
The letter was led by Sen. Mark Kelly, D-Ariz., Sen. Alex Padilla, D-Calif., and Sen. Peter Welch, D-Vt., with ten colleagues signing on.
Democratic senators challenge DOJ over National Firearms Act defense
Thirteen Democratic senators accused the Justice Department of reversing course on defending the National Firearms Act of 1934 shortly after Attorney General Todd Blanche was confirmed. In a letter to Blanche, the senators wrote: "For months, DOJ has defended the NFA in court against legal challenges brought by the firearms industry, certain state attorneys general, and the gun lobby. But less than one week after you were confirmed as Attorney General, the Department appears to have reversed course."
The senators tied the lapse directly to public safety consequences. "As a result of DOJ's refusal to seek a stay of the District Court's order, some of the most dangerous concealable weapons in the country — including those that have been used in several mass shootings — can now be (and have been) bought and sold outside the NFA's heightened regulatory framework for the first time in nearly 100 years," they wrote.
The letter closed with a direct call to action: "We urge the Department to resume its vigorous defense of the NFA and fulfill the promises you made to defend the constitutionality of laws passed by Congress and keep Americans safe."
In addition to Kelly, Padilla, and Welch, the letter was signed by Sen. Dick Durbin, D-Ill., Sen. Angela Alsobrooks, D-Md., Sen. Richard Blumenthal, D-Conn., Sen. Cory Booker, D-N.J., Sen. Kirsten Gillibrand, D-N.Y., Sen. Tim Kaine, D-Va., Sen. Jack Reed, D-R.I., Sen. Adam Schiff, D-Calif., Sen. Chris Van Hollen, D-Md., and Sen. Elizabeth Warren, D-Mass.
Signals
- volumeSaturday volume came in at 1 release — 85% below the Saturday average of 6.8 — consistent with recess-week quiet but notable given the 13-senator coordinated letter.
- recessThe Senate remains in the August state work period; no floor votes are scheduled.
- coordinatedThirteen Democratic senators signed onto a single letter to the Attorney General on the same day, representing a notable cross-caucus coordination during recess.
- silent breaksSen. Lindsey Graham, R-SC, has now gone 53 days without a public release — the longest current silence in the tracker — followed by Sen. Alan Armstrong, R-OK, at 51 days.
Quiet desks
Senators with no release in two weeks or more.
- Sen. Lindsey Graham, R-SC53d
- Sen. Alan Armstrong, R-OK51d
- Sen. Roger F. Wicker, R-MS45d