Full Breakdown
Justice Department Declines to Appeal Texas Ruling That Undoes NFA Registration Requirements
8/16/2026, 6:38:39 AM
Texas Judge Strikes Down NFA Registration Requirements
On August 5, U.S. District Judge James Wesley Hendrix (N.D. Texas) ruled that the registration and transfer provisions of the 1934 National Firearms Act (NFA) for silencers, short-barreled rifles (SBRs) and short-barreled shotguns (SBSs) are unconstitutional because Congress eliminated the $200 tax that underpinned them. The Justice Department did not seek an emergency stay before the August 13 deadline, so the injunction took effect.
Legislative Background
The NFA, enacted June 26 1934, imposed a $200 transfer tax and mandatory federal registration for “any other weapons.” In 2025 Congress passed the One Big Beautiful Bill Act (OBBBA), reducing the tax to $0 for those categories, prompting the Texas challenge.
Key Figures
- Rep. Andrew Clyde – R-Ga., architect of the tax repeal.
- Judge James Wesley Hendrix – Issued the injunction.
- Attorney General Todd Blanche – DOJ head at the time.
Data & Statistics
- About 6.5 million silencers, 1.1 million SBRs and 200,000 SBSs were registered before the ruling.
- ATF processed 5.8 million NFA weapons in 2025, including 96,000 “Any Other Weapons.”
- Applications rose from 42,000 in 2005 to over 1.5 million in 2025; silencers made up roughly 52 % of May 2026 applications.
Criticism & Opposition
Gun-control advocates condemned the inaction. Kris Brown, president of Brady, said the government “failed to protect our safety” and that deregulating “uniquely lethal weapons” at midnight left Americans “less safe.”
Verbatim Quotes
- “Today, our government is failing us. At midnight, uniquely lethal weapons and devices — including silencers, short-barreled rifles, and shotguns — were deregulated for the first time in nearly a century,” — Kris Brown, Brady president
- “No longer can the challenged NFA provisions be justified - as they have been for nearly 90 years - under Congress’s taxing power,” — Judge James Wesley Hendrix
Conflicting Reports & Gaps
Reports differ on the injunction’s reach. Some outlets (The Trace, The Independent) say it applies only to the plaintiffs and their customers, while others (Fox News, The Hill) suggest a de-facto nationwide effect until the DOJ appeals, creating uncertainty for dealers. State bans, such as California’s, remain in place, and the ATF has not issued new processing guidelines.
What’s Next
The Justice Department has a 60-day window to file an appeal to the Fifth Circuit. If it does, the injunction could be stayed; if not, deregulation will persist pending further litigation. Gun-rights groups intend to test the ruling’s limits, while gun-control organizations warn the change could “flood the market” with unregistered weapons and plan additional challenges at federal and state levels.
