Gillibrand, Colleagues Condemn DOJ’s Failure To Vigorously Defend Fundamental Gun Violence Prevention Law

U.S. Senator Kirsten Gillibrand (D-NY) joined 12 Senate colleagues in condemning the Department of Justice (DOJ)’s refusal to seek immediate appellate relief from a recent district court decision striking down key regulatory requirements of the National Firearms Act of 1934 (NFA). In a letter to Attorney General Todd Blanche, the senators expressed serious concerns about DOJ’s failure to vigorously defend the NFA, a foundational federal gun violence prevention law that regulates some of the most dangerous concealable weapons in the country. “As gun violence continues to threaten the safety of our kids, our families, and our police officers, the Trump administration should be doing more to keep guns out of the wrong hands – not less,” said Senator Gillibrand. “Refusing to defend these nearly 100-year-old protections is a direct surrender to the gun lobby at the expense of American lives. It’s absolutely unconscionable, and I am doing everything I can to fight back.” Last month, the U.S. District Court for the Northern District of Texas held unconstitutional the NFA’s regulatory requirements for certain highly dangerous weapons. Although the court temporarily stayed its order to give DOJ time to seek immediate appellate relief, DOJ declined to do so, opting instead to let the court’s injunction take effect. “DOJ’s failure to seek immediate relief is profoundly concerning—for the integrity of the Department, the rule of law, and the public’s safety,” the senators wrote. “The Department has long recognized its ‘duty to defend the constitutionality of an Act of Congress whenever a reasonable argument can be made in its support.’ During your confirmation proceedings, you reiterated this precise principle—including in the specific context of the NFA.” The senators went on to note that DOJ’s sudden retreat appeared to be the result of a substantial pressure campaign by gun rights lobbyists and a group of Republican lawmakers. The senators demanded answers about DOJ’s justification for not seeking immediate relief and called on DOJ to appeal the district court’s decision. “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,” the senators concluded. “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.” Senator Gillibrand continues to be a fierce advocate for commonsense gun regulation. She previously wrote the interstate gun trafficking ban that became law as part of the Bipartisan Safer Communities Act, which has led to over 6,000 guns being taken off the streets . When the Trump administration stopped providing updates on the number of alleged traffickers charged under the interstate gun trafficking ban, Gillibrand successfully demanded that DOJ restore transparency and resume the updates. In July, she also called out the Trump administration’s dangerous rollbacks of gun safety regulations like those that block illegal firearm sales and keep guns away from people with a history of mental illness. In addition to Senator Gillibrand, the letter was signed by Senate Democratic Whip Dick Durbin (D-IL) and Senators Angela Alsobrooks (D-MD), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Tim Kaine (D-VA), Mark Kelly (D-AZ), Alex Padilla (D-CA), Jack Reed (D-RI), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), and Peter Welch (D-VT). The full text of the letter is available here . ###