Justice Department declines to appeal Texas ruling deregulating silencers and short-barreled firearms

Aug 13, 2026

The Trump administration declined to seek an emergency stay of a Texas federal court ruling that deregulates silencers, short-barreled rifles, and shotguns for plaintiffs involved in two consolidated lawsuits. U.S. District Judge James Wesley Hendrix ruled on August 5, 2026, that the 2025 One Big Beautiful Bill Act, which zeroed out NFA transfer taxes, stripped the National Firearms Act of its constitutional taxing-power basis. While gun rights advocates celebrated the first unregistered suppressor transfers since 1934, gun control groups like Brady and Everytown condemned the Justice Department's inaction as a failure to protect public safety.

Texas NFA ruling

▪The August 5, 2026, ruling by U.S. District Judge James Wesley Hendrix consolidated two separate lawsuits, including plaintiffs such as Gun Owners of America, the Texas State Rifle Association, and Stephen Willeford.
▪U.S. District Judge James Wesley Hendrix of the Northern District of Texas ruled on August 5, 2026, that the National Firearms Act's regulatory scheme for silencers, shotguns, and short-barreled rifles is unconstitutional.
▪The federal injunction issued by U.S. District Judge James Wesley Hendrix applies only to the specific plaintiffs and members of the organizations involved in the two consolidated Texas lawsuits.

Silencer deregulation

▪Following the expiration of the court's stay, Gun Owners of America announced that two of its members lawfully acquired suppressors on August 13, 2026, without complying with federal registration requirements.
▪Texas congressional candidate Brandon Herrera purchased an unregistered silencer at Silencer Shop in Leander, Texas, just after midnight on August 13, 2026, to celebrate the court's injunction.

Short-barreled firearms deregulation

▪The National Firearms Act of 1934 historically required individuals to register specialized firearms, short-barreled rifles, and silencers with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
▪The deregulation resulting from the Texas court injunction allows covered individuals to possess short-barreled rifles, short-barreled shotguns, and silencers without registering them with the federal government.

Tax elimination provision

▪Judge James Wesley Hendrix determined that by zeroing out the transfer and making taxes, the One Big Beautiful Bill Act eliminated the constitutional taxing-power basis for the National Firearms Act's regulations.
▪Congress included a provision in the 2025 One Big Beautiful Bill Act that eliminated the $200 transfer and making tax on short-barreled shotguns, short-barreled rifles, and silencers.

Justice Department appeal decision

▪The Justice Department retains a 60-day window from the August 5, 2026, ruling to file a formal appeal with the U.S. Court of Appeals for the 5th Circuit.
▪The U.S. Justice Department declined to seek an emergency stay of Judge James Wesley Hendrix's ruling before the court-imposed one-week deadline expired at midnight on August 13, 2026.
▪A Justice Department spokesperson stated that the department respects Americans' Second Amendment rights and is currently assessing the impact of the Texas court's ruling.
▪Roughly four dozen Republican lawmakers, led by Representative Andrew Clyde, sent a letter to Attorney General Todd Blanche on August 11, 2026, urging him to decline an appeal.

Gun control group criticism

▪Everytown for Gun Safety President John Feinblatt and Giffords Executive Director Emma Brown condemned the Justice Department's decision, warning that easily concealable weapons and silencers will now enter the wrong hands.
▪Brady President Kris Brown criticized the Justice Department's inaction, stating that uniquely lethal weapons and devices were deregulated for the first time in nearly a century.