By Konstadinos Moros, Director of Legal Research & Education, Second Amendment Foundation
On August 5, 2026, Judge James Wesley Hendrix, United States District Judge for the Northern District of Texas, struck down the NFA’s registration requirements in the consolidated cases of Jensen v. ATF and Silencer Shop Foundation v. ATF. SAF backed Jensen financially, though it is not a named plaintiff because it is already a plaintiff in a similar case proceeding in Missouri (Brown v. ATF). However, its sister organization, the Citizen’s Committee for the Right to Keep and Bear Arms, is a plaintiff in Jensen. Plaintiffs also include Gun Owners of America, the Firearms Regulatory Accountability Coalition, FPC Action Foundation, and more.
As Judge Hendrix explained in agreeing with our arguments, a tax must produce “at least some revenue.” With the transfer and making taxes at zero for the covered items, the regulatory provisions no longer aid any revenue purpose and cannot be sustained under the Taxing Clause. While our case also raised a Second Amendment argument for why NFA registration is unconstitutional, the Court opted to not reach that issue, given it ruled it unconstitutional on taxing power grounds.
The Court stayed its own ruling for seven days to give the government a chance to seek a longer stay with the Fifth Circuit while it appeals the ruling, but the government opted not to seek such a stay, and the deadline passed last week. While the government may still choose to appeal and has about seven more weeks to decide if it will do so, the injunction has now been in effect since August 12, 2026.
What it all Means
So, what does this all mean? SAF has an FAQ it is keeping updated on its website, but we can hit some of the key points here:
Importantly, it is limited to the plaintiffs in the case and their members or customers. Thus, to make sure you are covered by the injunction, become a member of the Citizen’s Committee for the Right to Keep and Bear Arms, or one of the other plaintiff associations in the two consolidated cases. You can currently join both SAF and the Citizen’s Committee for $25.
Further, the NFA has not ended. This ruling is specific in nature and stops ATF from enforcing the registration and certain transfer/making requirements for silencers, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and the category of “any other weapon” (AOW) for certain plaintiffs (note: only the Silencer Shop injunction covers AOWs). Machine guns and Destructive Devices are still subject to the provisions of the NFA, and until future guidance is provided saying otherwise, dealers should continue to comply with the National Firearms Registration and Transfer Record (NFRTR) procedures to eliminate concerns about inspection violations. Of course, FFLs should consult their counsel for legal advice.
Background Checks Still in Play
Background checks are still required, because suppressors, SBRs, and SBSs are still legally “firearms” under the provisions of the Gun Control Act of 1968. That means a standard 4473 for suppressors, as you would do when buying a non-NFA firearm. Note that SBRs and SBSs may be in a different legal position than suppressors; 18 U.S.C. § 922(b)(4) makes it unlawful for an FFL to sell or deliver a short-barreled shotgun or short-barreled rifle “except as specifically authorized by the Attorney General consistent with public safety and necessity.” Until now, NFA approval has been deemed sufficient authorization to satisfy this law. ATF may need to provide guidance on how to proceed. For example, a statement or rulemaking, if necessary, that a Form 4473 approval counts as authorization.
The final (and perhaps critical) thing to remember is the ruling does not affect state laws, only federal ones. So, if your state either bans NFA items or only allows them subject to NFA registration, you still must comply with those laws.
For more, visit SAF.
