Justice Department won't enforce parts of 1934 firearms law after court ruling

On October 9, 2026, the Justice Department announced it will stop enforcing federal registration rules under the 1934 National Firearms Act for short-barreled rifles, short-barreled shotguns, and suppressors. The decision follows an August ruling by U.S. District Judge James Wesley Hendrix, who struck down the restrictions after Congress eliminated a $200 permit tax. President Trump ordered the DOJ not to appeal, prompting nationwide non-enforcement.

Federal court ruling on the National Firearms Act

• ▪The Texas federal lawsuit challenging the National Firearms Act before Judge James Wesley Hendrix was brought against the government by 15 red states alongside gun rights organizations, including Gun Owners of America and the Gun Owners Foundation
• ▪In August 2026, U.S. District Judge James Wesley Hendrix ruled that National Firearms Act regulatory restrictions on concealable weapons were unconstitutional because Congress and President Donald Trump had eliminated the $200 permit tax that generated revenue

Decision against appealing the court ruling

• ▪Multiple Justice Department attorneys recommended appealing Judge James Wesley Hendrix's ruling, warning that dropping the appeal of his ruling would hinder ongoing criminal prosecutions and violate the executive duty to defend federal statutes
• ▪President Donald Trump ordered the Justice Department last month not to appeal U.S. District Judge James Wesley Hendrix's August ruling striking down parts of the National Firearms Act

Scope of federal registration policy changes

• ▪The Justice Department confirmed that machine guns and destructive devices remain fully subject to federal registration requirements under the National Firearms Act
• ▪On October 9, 2026, the Justice Department announced individuals no longer need federal regulatory approval before making, transferring, or possessing short-barreled rifles, short-barreled shotguns, or suppressors, though purchasers must still pass background checks and complete standard federal purchasing forms

Nationwide application and state law interaction

• ▪Although Judge James Wesley Hendrix's August injunction explicitly applied to current and future Gun Owners of America members, the Justice Department extended non-enforcement nationwide to prevent a confusing regulatory patchwork
• ▪The Justice Department emphasized that its October 9, 2026 policy change under the National Firearms Act does not override state or local restrictions on suppressors, short-barreled rifles, or short-barreled shotguns
• ▪The Bureau of Alcohol, Tobacco, Firearms and Explosives will voluntarily continue processing registration applications under the National Firearms Act for residents in approximately 15 states that maintain state-level laws requiring federal registration

ATF director statements

• ▪Bureau of Alcohol, Tobacco, Firearms and Explosives Director Rob Cekada stated on October 9, 2026, that the agency is adjusting its enforcement posture to align with instructions from President Trump, Congress, and courts
• ▪Federal law enforcement was inundated with questions from the public and members of Congress following the court ruling by U.S. District Judge James Wesley Hendrix, according to Bureau of Alcohol, Tobacco, Firearms and Explosives Director Rob Cekada

Debatable claims

• ▪Dismantling federal registration for suppressors and short-barreled rifles undermines public safety
• ▪Extending National Firearms Act non-enforcement nationwide was necessary to prevent regulatory confusion
• ▪Federal registration rules for concealable firearms impose an unconstitutional burden on gun owners
• ▪The Justice Department should appeal the ruling striking down National Firearms Act regulations