A SureFire firearm sound suppressor, often called a silencer, was showcased during the National Rifle Association (NRA) Annual Meeting in Houston, Texas, on May 28, 2022. A recent court ruling has made it easier to purchase suppressors, and gun rights advocates are celebrating.
Judge James Wesley Hendrix from the Northern District of Texas invalidated significant parts of the nearly century-old National Firearms Act (NFA) in more than a dozen states. He allowed the Justice Department a week to file an emergency appeal before his decision went into effect. However, they did not. Although the department has over a month to submit a non-emergency appeal, this remains unlikely.
The Justice Department has been working to restore certain gun rights to individuals with felony convictions, with exceptions for violent offenses like domestic violence and gang-related crimes, according to a rule published Monday.
Under the Texas ruling, some citizens can now purchase and sell silencers and certain firearms without prior federal registration or the need to submit personal identification materials.
Gun rights supporters are praising the ruling as a significant achievement. Erich Pratt, senior vice president of Gun Owners of America, stated, “This is truly one of the greatest Second Amendment victories in the last 100 years.” While hailed as a victory, the decision leads to a complicated mix of laws, applicable only to the plaintiffs in Texas.
Background
The National Firearms Act was established in the 1930s, during Prohibition, to manage the sale and registration of certain firearms including silencers. Congress passed the NFA in 1934 to restrict particularly dangerous guns, imposing a $200 tax and necessitating weapon registration.
The $200 tax remained until 2025, when Congress passed the One Big Beautiful Bill Act, reducing the tax to $0 for transferring and manufacturing short-barreled shotguns, rifles, and silencers.
This prompted some states and groups like Gun Owners of America to sue the federal government, challenging the NFA’s constitutionality without the tax element. Hendrix agreed, noting that by eliminating the tax, Congress removed the constitutional basis for those regulations.
Gun control advocates worry about public safety risks. Jack Budish, federal counsel for Everytown for Gun Safety, indicated that “It is the antithesis of public safety to now unleash these weapons into communities.”
Current Impact
This ruling is not nationwide; it affects only the case’s plaintiffs, such as Silencer Shop Foundation and Gun Owners of America, along with their members in the involved states. The ruling involves certain short-barreled shotguns, rifles, and suppressors, and a subset of firearms termed as “any other weapons,” like gadget guns.
States might still impose additional regulations, and firearm registration forms may be necessary under the federal Gun Control Act. Due to the complicated legal landscape, Erich Pratt advises consulting a lawyer before opting out of registration.
Future Developments
Several cases are still challenging the NFA in Missouri and Kentucky, with the Justice Department defending the act. The DOJ has not clarified if it will appeal but emphasizes respecting Americans’ Second Amendment rights.
Gun rights groups and some Republican lawmakers aim to have this ruling permanently applied nationwide. Meanwhile, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) continues to process forms according to existing regulations and advises individuals to seek legal counsel for any queries.
Despite the uncertainty, Erich Pratt expresses optimism: “Freedom is advancing. We’re dismantling regulatory restrictions that have bound gun owners for generations. Each victory builds upon the last.”
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