09/08/2026
This is a long post but the main ask I make is for folks to call their Congressman and Senators. There is a lot of confusion with consumers about Silencers and the NFA. Some dealers are selling them and some are not. This issue will not be fixed by a court, the ATF, the DOJ, or your local gun shop. The problem can only be fixed by Congress fixing the unconstitutional law!
What Happened
For 90 years the NFA survived because it was a tax law — Sonzinsky (1937) said Congress could use its taxing power to require registration.
In July 2025, the One Big Beautiful Bill cut the $200 making and transfer tax to $0 for suppressors, SBRs, SBSs, and AOWs effective Jan. 1, 2026, but left all the paperwork — Form 1/4, fingerprints, ATF approval, NFRTR, and felony charges under 26 U.S.C. § 5861.
On Aug. 5, 2026, Judge James Wesley Hendrix in the Northern District of Texas ruled in Silencer Shop Foundation v. ATF / Jensen v. ATF that zero-tax, zero justification. Quote: "By zeroing out the transfer and making taxes... Congress eliminated the constitutional basis for the regulations."
The injunction only blocks enforcement of §§ 5812, 5822, 5841, and 5861 for the zero-tax categories against plaintiffs, their members/customers, and 15 plaintiff states. It does NOT cover machine guns/destructive devices (still $200), does NOT end background checks, does NOT repeal 18 U.S.C. § 922(b)(4), and does NOT override state NFA requirements. DOJ has not appealed yet and ATF/DOJ have issued no guidance.
How Congress Can Fix It
Hendrix said it himself: "Efforts to render the NFA constitutional must come from Congress, not this Court."
1. Finish the repeal: Strike §§ 5812, 5822, 5841, 5861 for any item taxed at $0, and clarify that 922(b)(4) transport/sale rules don't require NFA approval. That's what SHUSH / Hearing Protection Act bills do.
2. Zero out the rest: Pass Rep. Boebert's H.R. 8921, the Freedom from Taxes Act of 2026, which would make machine guns and destructive devices $0 too. Because the Parliamentarian already allowed $0 for SBRs/suppressors through reconciliation, it can pass with 51 votes and forces the entire NFA to face the same tax-power challenge.
3. Re-authorize honestly: If Congress wants to keep registration, it must re-write the NFA under the Commerce Clause in Title 18, not as a Title 26 tax, with findings that these items affect interstate commerce. The court rejected this argument in Texas only because DOJ never raised it at trial.
Immediate need: Congress should add a safe harbor from prosecution between Jan. 1, 2026 and final rulemaking, and order ATF to issue interim guidance on how dealers comply with 922(b)(4) without Form 4s. Right now we have the worst outcome — tax gone, felony still on the books, and no way to comply.