Silencer Shop Foundation v. ATF
U.S. District Court, N.D. Texas (San Angelo), No. 6:25-cv-056-H (with Jensen v. ATF, No. 6:26-cv-277)
Where it stands
Final judgment for plaintiffs Aug. 5, 2026. DOJ told Congress Sept. 24, 2026 it will not appeal. ATF non-enforcement guidance issued Oct. 9, 2026.
Next up
No further court date is scheduled.
The question
After Congress cut the $200 NFA tax on suppressors, short-barreled rifles and shotguns, and "any other weapons" to zero in 2025, can the NFA's registration and approval rules for those items still stand under Congress's taxing or commerce power?
Why it matters
The court held the remaining registration scheme for untaxed items exceeds Congress's enumerated powers. DOJ chose not to appeal, and ATF now says it will not enforce those NFA requirements for suppressors and the other untaxed categories nationwide. Machine guns and destructive devices are unaffected, and state laws still apply.
Timeline
- ATF announces it will not enforce NFA approval, registration or tax-stamp requirements for suppressors, SBRs, SBSs and AOWs. (source)
- The Solicitor General notifies the House Speaker that DOJ will not appeal. (source)
- Judge James Wesley Hendrix enters final judgment and a permanent injunction on the enumerated-powers claims. The Second Amendment claims are dismissed without prejudice as abandoned. (source)