Catherine Hanaway sues ATF over suppressor and short‑barreled rifle rules


Missouri Attorney General Catherine Hanaway filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives challenging federal registration rules for suppressors and short‑barreled rifles, the Missouri Attorney General’s office said in a Sept. 8 press release.

The complaint, filed in the United States District Court for the Eastern District of Missouri, asks a judge to declare portions of the National Firearms Act unconstitutional as applied to suppressors and short‑barreled rifles and to block the ATF and DOJ from enforcing those registration and data‑collection requirements, the office wrote.

Empty courtroom bench under soft light, a single legal file on the seat suggesting a recent filing and pending motion

Hanaway argues the Supreme Court precedents in Heller and Bruen mean there is no historical tradition supporting federal registration of these arms, and that the NFA’s tax mechanism no longer justifies registration after Congress zeroed the transfer and manufacture taxes for these items, the press release says.

Local outlets reported Hanaway’s announcement on Tuesday, noting she was joined in the suit by plaintiff Dave Marshak and that the office published the filed complaint online for public review.

Stack of legal documents and a printed complaint titled generically, placed on a wooden table next to a pair of reading glasses — no identifying text visible

The filing follows a string of recent court rulings affecting the NFA. In August a federal judge in Texas issued opinions limiting enforcement of NFA registration requirements for suppressors and short‑barreled firearms; legal analyses and gun‑industry notices said that decision has already prompted confusion about how transfers are processed nationwide.

Legal groups and industry outlets characterized the August rulings as a major procedural shift. A memorandum from the plaintiffs in the Silencer Shop litigation explained why a court found the NFA registration scheme exceeded Congress’s taxing authority, and outlets including NPR reported the ruling altered how some transfers were handled starting in mid‑August.

Hanaway framed the Missouri suit as part of that broader challenge, saying in the AG office release that the ATF’s current rules amount to ‘‘heavy‑handed restrictions’’ that burden lawful owners; the release links to the full complaint for review.

How the Eastern District will respond and whether the court will issue an injunction are open questions; recent rulings in other districts have produced differing remedies and additional briefing, and lawyers say further litigation is likely regardless of an initial order.

This article notes how the case could affect registration and transfer practices for Missouri residents and others who purchase suppressors or short‑barreled rifles, and it will be updated as courts act or when parties file additional briefs.

Sources

  • Attorney General, State of Missouri — press release and the filed complaint providing the core claims and court filing date.
  • KRCG — local report confirming the suit and naming plaintiff Dave Marshak.
  • FOX2 Now — coverage noting the office filed the lawsuit in the Eastern District of Missouri.
  • Wiley.law — memorandum and court documents in the Silencer Shop (August) litigation explaining the judge’s reasoning on NFA registration.
  • NPR — explainer on the August rulings and how they changed transfer practices starting mid‑August.

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