The Department of Justice (DOJ) informed Congress on Thursday that it would not challenge a recent court ruling eliminating the paperwork and registration requirements for suppressors.
This decision follows a ruling by United States District Judge James Wesley Hendrix from the Northern District of Texas, appointed by Trump, who decided on August 5 that the National Firearms Act’s requirements were unconstitutional because reducing the transfer tax to zero invalidated the need for registration and processing. In a letter to Congress, Solicitor General D. John Sauer confirmed that the DOJ would allow this ruling to take effect.
🚨BREAKING🚨⁰⁰Solicitor General John Sauer just notified Congress “that @TheJusticeDept [will not] file an appeal” in GOA’s victory against the NFA, Silencer Shop v. ATF.⁰⁰ATF cannot force GOA members to register suppressors or short barrels EVER AGAIN. This is PERMANENT! 🇺🇸 https://t.co/QlW4uxNXFy pic.twitter.com/46u7EbHSGl
— Gun Owners of America (@GunOwners) October 1, 2026
Sauer stated, “The Department of Justice has decided not to file an appeal,” adding that the ruling also prevented the use of the commerce clause to defend the registration and paperwork demands.
According to the latest data from the agency’s website, over 6.9 million suppressors had been registered under the National Firearms Act as of September 3. The National Shooting Sports Foundation noted in June that at least 6.1 million suppressors are owned privately.
Since the expiration of Hendrix’s stay on August 12, there have been reports of at least two suppressors being transferred without completing the ATF’s Form 4 process. The DOJ has not yet responded to a request for verification of this information.
Furthermore, on June 18, the United States Court of Appeals for the Fifth Circuit ruled in Comeaux v. United States that suppressors are classified as “arms” protected by the Second Amendment; however, it stated that the NFA functions similarly to a “shall issue” permit law for concealed carry, requiring authorities to grant a permit if specific conditions are satisfied, while upholding a conviction for possessing an unregistered suppressor.
