Kelly, Colleagues Condemn DOJ’s Failure to Vigorously Defend Fundamental Gun Violence Prevention Law

U.S. Senators Mark Kelly (D-AZ), Alex Padilla (D-CA), Peter Welch (D-VT) and 10 of their colleagues condemned 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.

"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," wrote the senators. "The Department's failure to immediately pursue an appeal in support of the NFA calls into question statements you made to the United States Senate during your confirmation process and raises serious doubts about your willingness-and ability-to keep Americans safe."

Last month, the U.S. District Court for the Northern District of Texas held the NFA's regulatory requirements for certain highly dangerous weapons unconstitutional. 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.

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," concluded the senators. "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 Senators Dick Durbin (D-IL), Angela Alsobrooks (D-MD), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), Tim Kaine (D-VA), Jack Reed (D-RI), Adam Schiff (D-CA), Chris Van Hollen (D-MD), and Elizabeth Warren (D-MA).

This letter continues Kelly's push for commonsense gun violence prevention. Kelly has repeatedly introduced the GOSAFE Act, legislation to protect communities from gun violence while safeguarding Americans' constitutional right to own a firearm. He also introduced the Background Check Completion Act to close the "Charleston loophole" that allows gun sales to proceed before a background check is completed. As a gun owner, combat veteran, and husband of a gun violence survivor, Kelly knows firsthand the damage these weapons can cause and has pushed Congress not to wait for the next tragedy to act.

Click here to read the full text of the letter.