Judge Overturns Portion of National Firearms Act of 1934 as Unconstitutional
Large sections of the NFA violate the 2nd Amendment.
The National Firearms Act (NFA) lost much of its power in August after US District Judge James Wesley Hendrix ruled that requiring registration for suppressors and short barrel rifles (SBRs) violates the Second Amendment of the U.S. Consitution.
Unlike many Second Amendment rulings over the last few years, this decision was not based on the landmark SCOTUS decision in Bruen—which declared all firearm laws must be rooted in the "historical tradition" of firearm regulation. This ruling came to fruition as the result of a snowball effect set in motion by the One Big Beautiful Bill Act (OBBBA).
A Snowball's Chance
In January, Congress overtured the tax associated with suppressors and SBRs as part of the OBBBA but ultimately decided to leave the registration aspect intact. Instead of paying $200 and registering with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), as the NFA requires, gun owners simply paid a $0 tax and registered with the ATF.
But there was a catch, and Second Amendment advocacy groups saw it was coming a mile away.
Congress enacted the NFA in 1934 as a taxation and registration scheme designed to impose a burdensome financial requirement on certain weapons and attachments. The act granted Congress the power to tax specific weapons and therefore create a database to track the associated tax.
But what happens when a tax act no longer collects any taxes?
According to Judge Hendrix, the registration aspect must also be rendered void because it exceeds what Congress was granted power to do. They were allowed to tax and therefore could record the tax.
Without the tax, they are simply regulating firearms and creating a database.
"Because today's NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power," Judge Hendrix wrote in Silencer Shop v. ATF. "And there is no sign in the NFA's text, structure, or statutory history that Congress invoked any other power in crafting the NFA provisions at issue. Thus, the regulatory provisions must be enjoined as unconstitutional because they exceed Congress's enumerated powers."
Where Do We Stand?
For now, the ruling only applies to the plaintiff in the case, which includes Gun Owners of America, the Firearms Policy Coalition Action Foundation, the Citizens Committee for the Right to Keep and Bear Arms, the Firearms Regulatory Accountability Coalition, and several others.
The ruling will also extend to the members of the associated plaintiffs.
Following the decision, Gun Owners of America (GOA), Congressional Candidate Brandon Herrera (R), and Silencer Shop came together to purchase the first unregistered silencer in almost 100 years.
🚨BREAKING🚨
— Gun Owners of America (@GunOwners) August 13, 2026
It is 12:01 am on August 13th, 2026. @TheAKGuy & @WesVirdellTX are purchasing the first unregistered suppressors from @SilencerShop.
These GOA members will not be filing a Form 4 or complying with the other enjoined provisions of the National Firearms Act.🔥 https://t.co/gtVefNcxxy pic.twitter.com/mmuXEotv7z
"It is 12:01 am on August 13th, 2026. @TheAKGuy & @WesVirdellTX are purchasing the first unregistered suppressors from @SilencerShop," GOA posted online. "These GOA members will not be filing a Form 4 or complying with the other enjoined provisions of the National Firearms Act.🔥"
The court granted the Justice Department (DOJ) seven weeks after the decision to appeal, but Representative Andrew Clyde, a Georgia Republican, claimed in August that the DOJ won't appeal the decision.
"BREAKING: I've received confirmation from the Trump Administration that the DOJ will NOT appeal our historic court victory against the NFA," he wrote. "THANK YOU, PRESIDENT TRUMP and Attorney General Blanche, for delivering the most significant Second Amendment win in OVER 90 YEARS!"
One of the plaintiffs, Silencer Shop, has already committed to selling unregistered silencers to customers.
"Starting tomorrow, August 13 at 12:01 AM, silencers and AOWs gotten through Silencer Shop can transfer with no Form 4, no federal registration, and no wait," the company said.
The biggest change to silencer laws in 90+ years.
— SilencerShop (@SilencerShop) August 13, 2026
Starting tomorrow, August 13 at 12:01 AM, silencers and AOWs gotten through Silencer Shop can transfer with no Form 4, no federal registration, and no wait.
What you need to know:
Applies in the 27 states with no state-level… pic.twitter.com/T0ibwsX4z5
The company did add a few caveats to the announcement. It only applies in the 27 states that don't have state-level laws mirroring the NFA. Additionally, 15 states would still require ATF registration.
A refreshing trend has emerged in Trump 2.0: the slow, steady, inexorable chipping away at infringements on the natural right to bear arms.
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