TEXAS NFA CASE DOES NOT AFFECT THE WHOLE COUNTRY
On August 5, 2026, Judge James Wesley Hendrix of the Northern District of Texas ruled in consolidated Silencer Shop Foundation v. ATF and Jensen v. ATF that key National Firearms Act registration and approval requirements could no longer be justified under Congress’s taxing power. Congress had reduced “making and transfer taxes” to zero for suppressors, short-barreled rifles, short-barreled shotguns, and “any other weapons.” Because Congress implemented the law as a tax rather than under the Commerce Clause of the Constitution, and the tax was removed, the court held that they exceeded Congress’s enumerated powers. The court did not, however, decide on the plaintiff’s Second Amendment claims.
It is important to note that the case’s relief excludes “any other weapons,” as the plaintiffs in Jensen did not challenge the constitutionality of the AOW registration process and were therefore left on the table. Machineguns and destructive devices remain taxed and were not challenged, while occupational taxes on manufacturers, importers, and dealers remain intact.
The decision’s practical reach is limited. This is a trial-court ruling, not binding precedent for other courts. Citing Trump v. CASA, the judge also rejected a universal injunction and protected only named plaintiffs and, where applicable, their agencies, political subdivisions, current and future members, and customers. Persons not covered by this case should not assume ordinary NFA compliance has ended. This includes people outside of the named categories as well as those who live in states where suppressors, SBRs, and SBS’s are prohibited by state law.
As far as Massachusetts concerned, this ruling does not mean very much. Suppressors are prohibited by statute; the lack of a federal tax does not affect that state-level ban. Additionally, SBRs and SBS’s are subject to the “assault-style firearms” regulations including the features test wherein barrel length is a determining factor regarding the type of firearm to apply the test. While this is certainly disappointing for Massachusetts gun owners who may have their eyes on a new NFA item, this is another brick removed from the gun-control wall and there is a chance the Supreme Court could take up this challenge further down the line. We should also be happy for our fellow patriots across the country that now get to enjoy a little more freedom.
For some more information about this ruling, Silencer Shop has been doing a great job documenting the process on their YouTube Channel:
https://youtu.be/Iwr7DwFBMrM?is=ZiSqHMrCQ94VTbA4