On August 5, 2026, a federal judge in the Northern District of Texas issued a significant ruling in Silencer Shop Foundation v. ATF, consolidated with Jensen v. ATF. The Court held that several National Firearms Act registration, application, and enforcement provisions are unconstitutional as they relate to short-barreled rifles, short-barreled shotguns, silencers, and “any other weapons” that are no longer subject to the NFA’s making and transfer taxes. However, does that mean the NFA has disappeared nationwide?
What we are going to cover: The Court issued a party-specific injunction that protects only the Plaintiffs and certain people and entities connected to them. The Court also stayed the effect of its order for seven days, allowing the government to seek appellate relief.
The Injunction
The NFA was enacted as a taxing statute. It imposed taxes on the making or transferring of certain firearms and created a regulatory system to collect and enforce those taxes.
In 2025, Congress reduced the making and transfer taxes to zero for short-barreled rifles, short-barreled shotguns, silencers, and “any other weapons,” effective January 1, 2026. Congress left the related registration and approval requirements for these weapons in place. The Court rejected the government’s argument that the NFA could now be justified under the Commerce Clause because Congress originally enacted the challenged provisions under its taxing authority, not its authority to regulate interstate commerce.
The Court did not rule on the Plaintiffs’ Second Amendment claims because it found the challenged provisions to be unconstitutional on other grounds.
Further, the ruling also did not strike down the entire NFA. Machine guns and destructive devices remain subject to the $200 making and transfer taxes. The Court also did not disturb the special occupational taxes imposed on certain manufacturers, importers, and dealers of these firearms. Other federal firearms laws and applicable state laws remain in effect.
Who Is Actually Protected?
This is the most important part of the ruling. The Court did not issue a nationwide injunction. Once the injunction becomes effective, and unless a higher court intervenes, it protects:
- The named individual, organizational, commercial, and state plaintiffs.
- Current and future members of Gun Owners of America, Firearms Regulatory Accountability Coalition, Gun Owners Foundation, Texas State Rifle Association, FPC Action Foundation, and the Citizens Committee for the Right to Keep and Bear Arms.
- Current and future customers of B&T USA, Palmetto State Armory, SilencerCo, and Hot Shots Custom, but only in connection with transactions involving those businesses.
- Customers of firearms businesses who are commercial members of the plaintiff organizations, but only in connection with transactions involving those member businesses.
- The 15 plaintiff states, including Texas, along with their agencies and political subdivisions (i.e., government employees acting in their official capacity).
Customer protection is especially important to understand (a great question that came from an Armed Attorney Member). Purchasing something from one of the commercial plaintiffs does not give that customer blanket protection for every NFA item the person possesses, makes, sells, or transfers. The injunction covers only transactions involving the protected items.
The Court also declined to extend the injunction to a plaintiff organization’s general “supporters” or to family members who live with someone protected by the order. A person must independently fall within one of the protected categories to be covered by the injunction.
The Injunction Is Currently Stayed
The Court stayed the effect of its order for seven days from August 5, allowing the government time to seek relief from an appellate court.
During that period, no one should change their conduct in reliance on the injunction. The existing NFA registration, application, fingerprinting, approval, and transfer requirements should continue to be treated as enforceable.
The government may ask the Fifth Circuit Court of Appeals to keep the injunction on hold while an appeal proceeds. The higher court could pause, narrow, expand, or otherwise change the effect of the District Court’s ruling.
Practical Next Steps for Armed Attorneys Members
Do not make, transfer, or take possession of an affected NFA item based solely on this injunction. Continue following the existing NFA process unless you have confirmed that the injunction is effective and applies to your exact circumstances.
Carefully determine whether you are protected.
Membership in one of the six plaintiff organizations may place you within the protected group once the stay expires. Customer status is narrow and generally protects only transactions involving a protected commercial plaintiff or qualifying member business. Do not assume that a past purchase from one of these companies gives you blanket protection for unrelated NFA items or conduct.
Keep your existing records.
If you already possess registered NFA items, maintain your approved forms, tax stamps, trust documents, and other records. This injunction does not create a reason to discard any existing documentation.
Use caution with pending transfers and planned builds.
People who have a pending Form 1 or Form 4 approval, or those considering making, modifying, or acquiring an item regulated by the NFA, should not assume the old requirements have disappeared. The exact timing of the transaction, the parties involved, the type of firearm, and any action taken by the Fifth Circuit could affect the analysis.
Watch the appellate process.
This ruling is a major development, but it is unlikely to be the final word on this matter. We will continue monitoring the case and provide Members with updates as the seven-day stay expires and any appellate proceedings unfold.
Wrap Up
Our job is not to turn a favorable court ruling into a headline or slogan. It is to help our Members understand what changed, what did not change, and how the law applies to their specific circumstances.
Until the stay expires and the appellate situation becomes clearer, the safest course of action, for the time being, is to continue treating the existing NFA requirements as enforceable.are the two things worth watching, since tables in particular usually fall through to bare theme CSS and blow out the container width on mobile.
