Gun rights advocates began transferring firearm suppressors without federal registration Thursday, executing what they called a historic maneuver just after midnight in Texas hours after a federal judge ruled that decades-old restrictions had lost their constitutional footing.
The action comes after Congress reduced National Firearms Act taxes to $0 for suppressors and other weapons in the One Big Beautiful Bill Act signed by President Donald Trump. Gun Owners of America (GOA) and Silencer Shop notified the Trump administration Thursday they planned to begin transferring silencers without going through the NFA registration and approval process that has governed such transactions since 1934.
U.S. District Judge James Wesley Hendrix, a Trump appointee in the Northern District of Texas, ruled Aug. 5 that once Congress eliminated the making and transfer taxes on certain weapons, the regulations designed to collect those taxes could no longer stand. The ruling blocked federal officials from enforcing challenged requirements against plaintiffs and their members but declined to issue a nationwide injunction.
Brandon Herrera and Texas state Rep. Wes Virdell acquired suppressors from Silencer Shop in Leander, Texas, just after midnight Thursday, according to GOA. They were the first individuals to lawfully transfer silencers without NFA registration since the law's enactment 92 years ago.
What the Right Is Saying
Gun rights supporters celebrated the development as a landmark Second Amendment victory and long overdue relief from what they characterize as unconstitutional regulatory burdens.
Rep. Andrew Clyde, R-Ga., who attended the midnight transfers and helped author legislation that set the stage for the ruling, called it "literally, the greatest Second Amendment win in the history of our country." He added that it marked "a monumental day for the country and a monumental day for the Second Amendment."
Aidan Johnston, GOA's director of federal affairs, told Fox News Digital: "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."
Erich Pratt, GOA's senior vice president, said the organization had fought to eliminate NFA restrictions through the reconciliation bill but continued pushing until the regulations were removed. "The era of federal registration for constitutionally protected arms must end," he stated.
Gun rights advocates argue that since the tax was reduced to zero and raises no revenue, regulatory requirements designed to facilitate collection can no longer be justified under Congress's taxing authority.
What the Left Is Saying
Gun safety advocates have expressed concern about the implications of removing suppressor regulations without establishing alternative oversight mechanisms.
Critics argue that registration requirements served legitimate public safety purposes beyond revenue collection, enabling law enforcement to track potentially dangerous weapons and assist in criminal investigations. Some gun control organizations contend that eliminating these provisions removes important accountability measures without addressing underlying safety concerns.
Democratic lawmakers have noted that Congress reduced the tax but did not fully repeal the National Firearms Act, raising questions about whether regulatory infrastructure should remain in place. Some progressive advocacy groups argue the ruling represents an overreach that circumvented the legislative process.
Gun safety organizations contend that suppressors, which reduce firearm noise, have legitimate uses for hearing protection but also present unique public safety considerations when purchased without background verification or tracking systems.
What the Numbers Show
Congress eliminated NFA making and transfer taxes for suppressors, short-barreled rifles, short-barreled shotguns, and certain other weapons as part of the One Big Beautiful Bill Act. The provisions took effect Jan. 1, 2026.
The original NFA tax was $200 per transaction, a figure that gun rights groups noted represented significant cost barriers when suppressors often retail for a few hundred dollars.
Under previous law, violating NFA transfer requirements carried penalties of up to 10 years in federal prison and $250,000 in fines per violation. The transfers conducted Thursday were the first exempt from registration requirements since the National Firearms Act was enacted in 1934.
Judge Hendrix is a Trump appointee confirmed to the federal bench in 2023. Fifteen states joined the legal challenge that produced the ruling.
The Justice Department confirmed it would not appeal the decision, meaning the ruling will stand as applied to the plaintiffs and their members while other parties remain subject to existing regulations.
The Bottom Line
The developments represent a significant test of how courts will handle regulations tied to tax provisions that Congress has effectively nullified. Judge Hendrix ruled that regulatory requirements could not be justified once the underlying revenue mechanism was eliminated, though he noted that efforts to render NFA fully constitutional must come from Congress rather than the judiciary.
Gun rights groups are moving quickly to capitalize on the ruling, with GOA and Silencer Shop already conducting transfers under the new legal framework. The absence of a nationwide injunction means the decision's reach is currently limited to plaintiffs and their members, though broader implications may emerge as the case develops or similar challenges arise.
The Trump administration's decision not to appeal leaves the ruling in place while creating potential precedent for future litigation over other NFA provisions still coupled with active tax mechanisms. What happens next will likely depend on whether Congress takes additional legislative action or whether opponents of the ruling find alternative legal pathways.