For nearly a century, silencers and short-barreled firearms such as sawed-off shotguns have been subject to strict federal oversight under the National Firearms Act (NFA). That regulatory landscape shifted dramatically in August when a federal judge in Texas ruled that the NFA’s registration requirements are unconstitutional, and the Justice Department declined to appeal in time, effectively ending those restrictions for the first time in over 90 years.
Background of the NFA and the Court Ruling
The NFA, enacted in 1934, required owners of silencers (also known as suppressors), short-barreled rifles and shotguns, and other atypical weapons to register their firearms with the federal government and undergo more extensive vetting. On August 5, U.S. District Judge James Wesley Hendrix in Texas found these registration requirements unconstitutional and issued an injunction blocking the provision. The judge gave the Trump administration one week to appeal, but the Justice Department missed that deadline. As a result, on August 13, the special regulations on silencers and short-barreled guns were effectively scrapped.
Immediate Reactions and Early Purchases
Gun rights proponents celebrated the decision. In Texas, far-right congressional candidate Brandon Herrera, known online as TheAKGuy, was among the first to purchase a legal, unregistered silencer just after midnight at an event organized by Gun Owners of America (GOA). Hours later, in South Carolina, the National Association for Gun Rights posted a video claiming silencers were “flying off the shelves” at the Greenville store of Palmetto State Armory, one of the plaintiffs in the case.
Scope of the Injunction and Who It Affects
Although the injunction is effective nationwide, its actual applicability remains unclear. Judge Hendrix limited it to the plaintiffs in the case, their members, and current or future customers. The list of plaintiffs is extensive, including more than a dozen manufacturers, retailers, states, and gun rights groups, such as GOA, the Firearms Policy Coalition, Palmetto State Armory, the Texas State Rifle Association, and SilencerCo Weapons Research. This broadens the pool of individuals and entities no longer subject to NFA regulation.
Prospective buyers who are members of one of the plaintiff groups or who purchase from a plaintiff retailer or manufacturer can likely buy a silencer or short-barreled weapon just like any other typical gun. If purchased from a licensed gun store, a federal background check is required. If bought from a private, unlicensed seller, no background check is necessary.
Uncertainty and Official Responses
It remains unclear how state laws that mirror the NFA might affect the legality of purchases or possession. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the federal agency responsible for NFA registration, declined to provide guidance. An ATF spokesperson told The Trace: “ATF is processing forms and will continue to process forms consistent with applicable law, regulations, and agency policy. ATF cannot provide legal advice or interpret court rulings for individuals. Anyone who has questions about how a court ruling may affect their particular circumstances should consult with their attorney for legal advice.”
The Second Amendment Foundation, another gun rights organization, cautioned that the legal landscape is murky. Executive director Adam Kraut said in a statement: “It’s not quite time to break out the champagne. There are also numerous outstanding questions as to how the injunction will be interpreted by the federal government and how both the people and affected arms will be treated, both now and in the future.”
Path to Deregulation and the Role of the $200 Tax
Deregulation of silencers and short-barreled weapons has long been a goal of the gun rights movement. Last year, Republicans in Congress eliminated the $200 tax on silencers, short-barreled rifles, short-barreled shotguns, and some other NFA weapons. That change contributed to this month’s decision: Without the tax, Judge Hendrix ruled that the NFA’s registration requirement exceeded Congress’s authority.
Registered NFA Weapons and Market Impact
According to the ATF, there are already more than 6.5 million silencers, 1.1 million short-barreled rifles, and 200,000 short-barreled shotguns registered with the federal government. Additionally, 96,000 weapons are registered as “Any Other Weapons,” a legal class that includes atypical firearms like umbrella, pen, and cane guns; pistols with foregrips; and smoothbore handguns designed to fire shotgun shells. These are also deregulated by the judge’s ruling.
Even if the deregulation is brief, silencers and short-barreled weapons could flood the market in the interim. If the district judge’s decision is later reversed, new owners will likely be required to retroactively register their NFA weapons. However, how the ATF would enforce that or what leeway those owners would be given is unclear.
Arguments For and Against the Weapons
Silencers and other NFA weapons are rarely used in crimes today, but they were used in horrific crimes before the registration requirement. While short-barreled weapons are not more deadly, powerful, or damaging than typical variations, gun control proponents argue that they are more maneuverable and concealable, making them potentially more desirable for crime.
Emma Brown, executive director of the gun reform group Giffords, said: “Silencers and dangerous, easily concealable weapons can now easily get into the wrong hands and be used to harm innocent people. By not seeking a stay, the Department of Justice is putting the gun industry’s profits ahead of the American people’s safety.”
Definitions and Trends in NFA Weapons
Under federal law, a short-barreled rifle is any rifle with a barrel less than 16 inches or a total length less than 26 inches. A short-barreled shotgun is any shotgun with a barrel less than 18 inches or a total length less than 26 inches. Short-barreled shotguns include sawed-off shotguns, which are typical shotguns that have been physically shortened. If that process involves sawing off the portion of the barrel that contains its choke, a sawed-off shotgun can produce a wider or more unpredictable spreading pattern, which can potentially be more dangerous at close range.
In the past two decades, applications to register NFA weapons have increased significantly, from about 42,000 in 2005 to more than 1.5 million in 2025. The bulk of those applications tend to be for silencers. In May 2026, for example, silencer applications accounted for 52 percent of all NFA applications. Applications for NFA registration can represent multiple weapons. In 2025, the ATF processed more than 5.8 million NFA weapons in total.
Machine Guns Remain Unaffected
The decision does not affect machine guns. A separate law banned the sale or possession by civilians of any machine gun manufactured after 1986, limiting the number of machine guns in circulation. The NFA still requires prospective owners to register machine guns, undergo an enhanced background check, and pay a $200 tax.
Next Steps and Appeal Timeline
The Trump administration now has until October to appeal the judge’s decision. When asked why it did not immediately appeal in time to delay the injunction, the Justice Department responded with a statement: “The Department respects Americans’ Second Amendment rights and is currently assessing the impact of the court’s ruling.”
