"The ATF’s heavy-handed restrictions on suppressors threaten lawful firearm use and undermine the rights protected by the Second Amendment," Catherine Hanaway said about her lawsuit with ATF in September.
The attorney general aims to stop the federal organization from imposing federal registration restrictions on suppressors and short-barreled rifles.
In October, ATF announced that it will no longer enforce those requirements, but the lawsuit continues.
Speaking on American Family Radio (AFR's) "At the Core" program, Hanaway says this all started with the Trump administration's One Big Beautiful Bill Act, which "set a $0 tax rate for the making or transfer of all NFA (National Firearms Act) firearms that are not machine guns or destructive devices."
That changed things in terms of necessary government intervention.
"After the big, beautiful bill stopped taxing silencers and short barrel rifles, we took the position that they should no longer have to be registered and regulated by the ATF," Hannaway said.
She referred to a 5th Circuit Court of Appeals ruling. According to Texas Scorecard, the circuit court ruled back in July that suppressors are protected by the Second Amendment as they are critical to self-defense. However, a 5th Circuit ruling in a previous case kept the court from ruling ATF registration as unconstitutional.
AFN found a similar Texas lawsuit in August, in which a federal judge ruled against the ATF’s regulation of suppressors, according to Associated Press.
Hanaway notes the limitations of different jurisdictions' rulings, which is why they have filed a lawsuit in Missouri.
"So, we filed suit here," she states.
While the August ruling enjoined enforcement only applied to the plaintiffs, the ATF changed their regulations so that ruling's guidance will apply to everyone according to ATF's new policy.
Hannaway acknowledges the change, but that will not stop the Missouri lawsuit.
"We're going to continue with our lawsuit simply because we don't know what the next administration will do, and we want to have a court order that applies nationwide that protects the Second Amendment rights of those who choose to have silencers or short-barreled rifles for their self-protection," Hanaway explains.
Critics point out the absurdity of treating suppressors as a critical firearm component, comparing it treating an optic or a holster as part of the firearm itself.
Hanaway is in total agreement.
"This is a ridiculous restriction that should never have been in place, and I'm confident we're going to win our suit. We're in a pretty good jurisdiction for Second Amendment rights, and we have just an incredible legal team in our solicitor general's office. We win a lot," Hanaway states.
