A significant win for gun rights supporters comes as the Justice Department, on Wednesday, declined to challenge a ruling declaring the National Firearms Act (NFA) restrictions on suppressors unconstitutional. The argument was that eliminating related taxes would essentially nullify the law.
On Wednesday, Georgia Congressman Andrew Clyde shared on X that the Trump administration, in a 66-page opinion released August 5, opted not to appeal the decision made by U.S. District Judge James Wesley Hendricks, appointed by President Trump in Texas. This ruling favored a summary judgment by attorneys from the Silencer Shop Foundation. Judge Hendricks stated that the tax on suppressors and other items was effectively set to $0 after the President signed the bill. He pointed out that by July 2025, the registration and regulations imposed by the NFA exceeded congressional power regarding taxation.
Gun rights organizations welcomed the Justice Department’s decision not to appeal. This means individuals looking to buy suppressors, short-barreled rifles, and similar items won’t have to fill in ATF forms or register their purchases anymore.
🚨BREAKING NEWS: We have received confirmation from the Trump Administration that the Department of Justice will not appeal its historic court victory against the NFA.
Thank you President Trump and Attorney General Blanche for delivering the most important Second Amendment victory in over 90 years!
— Congressman Andrew Clyde (@Rep_Clyde) August 13, 2026
“GOA worked hard to dismantle the NFA’s unconstitutional rules through the One Big Beautiful Act, but we didn’t stop there,” said Eric Pratt, Executive Vice President of Gun Owners of America. “We committed to continue fighting to remove these restrictions, and now our members are witnessing this historic win take shape. The requirement of federal registration for constitutionally protected weapons must come to an end.”
In July 2025, Congress lowered the tax to $0 after senators passed a measure exempting these items from NFA oversight during a reconciliation bill. Following the bill’s signing, gun rights groups moved swiftly to file a lawsuit against the law’s enforcement.
The Fifth Circuit Court of Appeals ruled in the June 18 case, Comeau v. United States, that while suppressors qualify as “weapons” and enjoy Second Amendment protections, the NFA functions similarly to a mandatory concealed carry permit system, where permits must be granted under certain conditions, allowing convictions for unregistered suppressor possession to stand.
“The Department of Justice respects Americans’ Second Amendment rights and is currently reviewing the court’s ruling,” a spokesperson for the department said. A Justice Department official explained that people often mix up an appeal with a request for an injunction and clarified that the department doesn’t aim to challenge the judge’s ruling.
Our requested deadlines have passed, but neither the ATF nor the Department of Justice responded.
Goa, @SilencerShop, @AkGuy& @wts_tws Tonight, at 12:01 a.m. CDT, the suppressor is scheduled to be transferred, the first time in 92 years that it has not complied with NFA registration requirements. https://t.co/VwxMQp5zlL
— America’s Gun Owners (@GunOwners) August 12, 2026
While some advocates for the Second Amendment have voiced disappointment with the Trump administration’s support of certain gun laws, particularly the NFA, senior officials from the administration have conveyed that such criticisms are likely misdirected.
“I get that there are varied opinions about how the Department of Justice enforces federal laws, but I believe, and I’ve shared this with numerous firearms groups, that discussions about these policies should start in Congress, not anywhere else,” stated Harmeet Dhillon, assistant attorney general for civil rights, in a June discussion. “So, it’s not primarily me, but others in this organization who manage responses to various lawsuits on behalf of the United States, and they might not necessarily align with my views.”
