Critics from anti-Second Amendment groups have taken aim at a ruling made by a Texas judge appointed by Trump. This August 5 ruling declared that the registration and paperwork mandates related to suppressors are unconstitutional, although they used a somewhat misleading term in their critiques.
U.S. District Judge James Wesley Hendrix’s decision, which declared these requirements under the National Firearms Act (NFA) invalid, took effect on August 13 at 1:00 a.m. EDT after the Department of Justice opted not to prolong a stay on the ruling. In a lengthy post on Substack, Brady United President Kris Brown lamented that the Trump administration was “systematically dismantling the safeguards” that had significantly cut crime rates, referring to suppressors as “silencers.”
Brown expressed discontent that, according to the court’s ruling, gun stores now have the freedom to buy and sell these so-called silencers and short-barreled firearms without adhering to the NFA’s requirements. She described supporters of less restrictive controls as the “Assassin Lobby.” There were also exaggerated claims from at least one lawmaker regarding these devices.
The National Firearms Act’s unconstitutional $200 tax & registration scheme IS DEAD for:
❌Suppressors
❌Short-Barreled Rifles
❌Short-Barreled Shotguns
❌AOWsWatch @SilencerShop sell the first lawfully unregistered suppressors in 92 years to @TheAKGuy & @WesVirdellTX. https://t.co/c1Db3x1Rv2 pic.twitter.com/DPRSTyfiNu
— Gun Owners of America (@GunOwners) August 13, 2026
Democratic Connecticut Senator Chris Murphy made strong claims, indicating that mass murderers utilize silencers to catch their victims off-guard, hindering escape efforts. He argued that it is crucial to halt Republican endeavors that seem to bolster profits within the gun industry at the expense of background checks on these devices.
Interestingly, the first suppressor was created by Hiram Percy Maxim in 1902, primarily to safeguard the hearing of shooters and to facilitate quieter target practice. However, the NFA imposed a $200 tax stamp on suppressors in 1934, which greatly slowed civilian sales, as noted by Small Arms Review.
Though “silencers” is legally defined under the NFA, these devices don’t literally silence firearms. Instead, they diminish the noise of a firearm’s muzzle blast—typically over 170 decibels—to a less damaging level for hearing, according to information from Silencer Shop. Anti-Second Amendment advocates have previously employed the term “assault weapons” to characterize modern semi-automatic firearms as threats. Justice Clarence Thomas highlighted in a dissent pertaining to the Stenberg v. Carhart case back in 2000 that the phrase served as a euphemism for gun-control advocates seeking to gain favor for banning such firearms.
Brown later stated in her Substack article that Hendrix’s decision invalidated registration and paperwork requirements based on Second Amendment rights. However, in his 66-page opinion released on August 5, Hendrix clarified that taxes on suppressors and other items were effectively reduced to $0 by legislation signed by President Trump in July 2025. Therefore, he argued, the NFA’s registration and paperwork demands exceeded Congress’ authority related to tax powers.
After changes were made during the passage of the July 2025 reconciliation bill, the Senate parliamentarian had struck the language that applied NFA regulations to those items, leading Congress to implement the $0 tax on them. Gun rights groups swiftly filed lawsuits challenging the law’s validity following the legislation’s enactment.
Before Hendrix’s ruling, the United States Court of Appeals for the Fifth Circuit, in the case of Comeaux v. United States, had determined on June 18 that suppressors could be categorized as “arms” and were thus protected under the Second Amendment. Still, the court affirmed a conviction for possessing an unregistered suppressor, suggesting that the NFA functioned similarly to a “shall issue” concealed carry system, where officials must issue permits to individuals who meet legal requirements.
