Federal judge guts 92-year-old suppressor registration rule after Congress zeroed out the tax
Gun Owners of America and Silencer Shop completed the first lawful suppressor transfers without federal registration since 1934, a move that previously carried up to ten years in prison.
Two gun owners walked into Silencer Shop in Leander, Texas, just after midnight Thursday and walked out with suppressors. No National Firearms Act registration. No months-long federal approval process. No $200 tax stamp. Brandon Herrera and Texas state Rep. Wes Virdell became the first Americans in 92 years to lawfully acquire suppressors without clearing the NFA's bureaucratic gauntlet, Fox News Digital reported.
The transfers followed an Aug. 5 ruling by U.S. District Judge James Wesley Hendrix, a Trump appointee, who permanently blocked federal officials from enforcing the NFA's registration and approval requirements against the plaintiffs and, where applicable, their members and customers. Gun Owners of America and Silencer Shop then notified the Trump administration Thursday that they intended to begin moving suppressors without the NFA process, and did exactly that hours later.
Rep. Andrew Clyde, the Georgia Republican who helped write the legislation that set the stage for the ruling, called it "literally, the greatest Second Amendment win in the history of our country" and "a monumental day for the country and a monumental day for the Second Amendment."
Congress zeroed the tax, then the legal foundation crumbled
The chain of events began with the One Big Beautiful Bill Act, signed by President Trump. That reconciliation package reduced the NFA's longstanding $200 making and transfer taxes to $0 for suppressors, short-barreled rifles, short-barreled shotguns, and certain other weapons, effective Jan. 1, 2026. The same day Trump signed the bill, Gun Owners of America, the Silencer Shop Foundation, and other plaintiffs sued the federal government.
Their argument was straightforward. Aidan Johnston, GOA's director of federal affairs, put it plainly:
"Congress didn't fully repeal the law. They just reduced this 1934 tax from $200 to $0. And I think all of us could understand there's no such thing as a $0 tax. It doesn't raise any revenue. It's not a tax."
For nearly nine decades, courts had upheld the NFA's registration apparatus under Congress's taxing power. Once that tax dropped to zero, the constitutional scaffolding collapsed. Judge Hendrix agreed. His ruling stated that the challenged NFA provisions could "no longer be justified, as they have been for nearly 90 years, under Congress's taxing power," the Associated Press reported.
The judge wrote that "efforts to render the NFA constitutional must come from Congress, not this Court." He declined to issue a nationwide injunction and declined to rule on the plaintiffs' separate Second Amendment argument, keeping the decision narrowly focused on the taxing-power question.
Fifteen states joined the legal challenge after the initial filing, though none were named in the reporting. The Justice Department countered in court that remaining NFA regulations could be supported by other NFA taxes and by Congress's authority over interstate commerce. Judge Hendrix was not persuaded.
Trump DOJ lets the seven-day appeal window close
Rep. Clyde said Wednesday he received confirmation from the Trump administration that the Justice Department would not appeal the ruling. Just The News confirmed Clyde's statement, reporting that the DOJ let the decision stand. The Trump DOJ and ATF allowed the seven-day appeal window to expire on Aug. 13, 2026, Breitbart reported, making the ruling effective that day.
That decision by the administration turned the ruling from a courtroom victory into an operational reality. GOA and Silencer Shop wasted no time. The midnight transfers in Leander followed within hours of the notification to the administration.
The significance of the moment was not lost on the participants. Johnston told Fox News Digital that the transfers marked "the first time in 92 years that any gun owner has been able to do this." He added:
"Previously, this would have been punishable by up to 10 years in federal prison and a $250,000 fine per violation. So, this was a big federal law. We took a really big bite out of it."
Federal courts have been increasingly willing to strike down longstanding firearms restrictions on constitutional grounds, and the Hendrix ruling fits squarely in that trend. But this case did not require the court to wade into Second Amendment doctrine at all. The tax question alone was enough to dismantle the enforcement mechanism.
GOA frames the ruling as the beginning, not the end
Erich Pratt, GOA's senior vice president, made clear the organization views the ruling as one step in a broader campaign against the NFA's regulatory architecture.
"GOA fought to crush the NFA's unconstitutional restrictions through the One Big Beautiful Bill, but we didn't stop there. We promised to keep fighting until these restrictions were gone, and now our members are putting the historic victory into action."
Pratt added a line that gun-control advocates will find difficult to dismiss: "The era of federal registration for constitutionally protected arms must end."
The Second Amendment Foundation, another gun rights organization, said the ruling "will set a precedent we can now argue in courts across the country to allow Americans to exercise their Second Amendment rights without fear of being placed on some government registry," the Washington Examiner reported.
That language points to the next phase of the fight. Judge Hendrix's ruling applies to the plaintiffs, their members, and their customers, not to every gun buyer in America. He explicitly declined a nationwide injunction. But with the DOJ choosing not to appeal, gun rights groups now hold a federal court ruling they can cite in jurisdictions across the country.
The broader legislative effort had its own obstacles. During the reconciliation process, the Senate parliamentarian blocked portions of the NFA deregulation push under reconciliation rules, limiting what Republicans could accomplish through the One Big Beautiful Bill alone. The lawsuit filled the gap the parliamentarian created.
What the ruling covers, and what it does not
The $0 tax rate applies to suppressors, short-barreled rifles, short-barreled shotguns, and certain other weapons under the NFA. The ruling's permanent injunction blocks enforcement of the registration and approval requirements for those items against the plaintiffs and their associates. But because the judge declined to extend the injunction nationwide, enforcement could theoretically continue against individuals and businesses outside the ruling's coverage.
That gap creates an uneven legal landscape. A GOA member buying a suppressor through Silencer Shop now faces a fundamentally different process than a buyer with no connection to the plaintiffs. How long that disparity lasts depends on whether other courts follow Hendrix's reasoning, or whether Congress acts to resolve the question outright.
The ruling also raises questions about the NFA's broader viability. If the taxing-power rationale no longer supports suppressor regulations, the same logic could apply to every NFA-regulated item whose tax dropped to zero. Courts weighing major constitutional questions in the months ahead will have Hendrix's reasoning to consider.
For decades, the NFA's registration system operated as a de facto barrier to suppressor ownership. The $200 tax, the paperwork, the background check layered on top of the standard dealer check, and wait times that stretched months, all of it functioned as a regulatory toll booth. Supporters called it public safety. Gun owners called it a bureaucratic penalty on a constitutional right.
Now a federal judge has ruled that the toll booth lost its legal authority the moment Congress stopped collecting the toll. The Trump administration agreed by declining to fight the decision. And in a small shop in central Texas, two men picked up suppressors the way Americans buy any other lawful firearm.
Property rights and individual liberty cases have drawn increasing judicial attention in recent years, and the suppressor ruling fits a pattern: when the government's stated justification for a restriction evaporates, courts are less willing to let the restriction survive on inertia alone.
The NFA stood for 92 years because Congress had the taxing power to back it up. Congress gave that power away, and a federal judge held the government to the consequences. That is how the system is supposed to work.




