Posted on 08/05/2026 3:29:23 PM PDT by backpacker_c
Gun Owners of America @GunOwners
BREAKING
In GOA's case, a federal court just stuck down NFA registration for:
Suppressors Short-Barreled Rifles Short-Barreled Shotguns
GOA & our allies in Congress eliminated the tax.
The National Firearms Act of 1934 is now UNCONSTITUTIONAL as applied.
Dear FRiends,
We need your continuing support to keep FR funded. Your donations are our sole source of funding. No sugar daddies, no advertisers, no paid memberships, no commercial sales, no gimmicks, no tax subsidies. No spam, no pop-ups, no ad trackers.
If you enjoy using FR and agree it's a worthwhile endeavor, please consider making a contribution today:
Click here: to donate by Credit Card
Or here: to donate by PayPal
Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794
Thank you very much and God bless you,
Jim
https://x.com/GunOwners/status/2085047918495469923
Analysis to follow - There are limitations and a possible appeal to go through
What does this mean?
For the covered entities in the lawsuit, there is no NFA registration for suppressors, short barreled rifles, and short barreled shotguns.
What is still covered by NFA?
Machineguns and Any Other Weapon.
Note there is a 7 day period for appeals to be made against the decision, and for states with their own restrictions against NFA items, the state restriction will still apply.
If not appealed, can congress start taxing items and make NFA registration apply again?
page 57
A. Permanent Injunction
i. The plaintiffs prevail on each of the permanent-injunction factors.
The plaintiffs have satisfied their burden on each permanent-injunction factor.
Who are the parties
page 8
Silencer Shop Foundation
Brady Wetz
B&T USA, LLC,
Palmetto State Armory, LLC,
SilencerCo Weapons Research, LLC
Gun Owners of America, Inc.
Firearms Regulatory Accountability Coalition, Inc.
Gun Owners Foundation
15 states—Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North
Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming
John Jensen, Jeremy Neusch, and David Lynn Smith are Texas firearms owners
Hot Shots Custom LLC
Texas State Rifle
Association, FPC Action Foundation, and Citizens Committee For The Right To Keep
And Bear Arms
so what’s it mean?
Summary
The parties covered, customers current and future, or members are covered by the judgement
If you are covered, family members are not.
The judgement doesn’t cover anyone that is a ‘supporter’ of the commercial entities.
Judgement may extend to other states other than the 14 listed
The judgement doesn’t extend to other NFA items you may already have.
It doesn’t do anything about states with their own NFA restrictions or prohibitions.
See starting at page 61.
“ so what’s it mean?”
Fusion weapons still prohibited.
☹
what is a DD?
And it only took 92 years!
https://x.com/i/grok/share/cec32cb93b6d4809bc1d362c7856078c
A federal district court in Texas ruled today (August 5, 2026) that key NFA registration and regulatory requirements for suppressors (silencers), short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and “any other weapons” (AOWs) are unconstitutional, but this does not immediately or universally free existing registered items from all NFA rules.
In Silencer Shop Foundation v. ATF (consolidated with Jensen v. ATF), U.S. District Judge James Wesley Hendrix (Northern District of Texas) held that these provisions exceed Congress’s enumerated powers. Congress originally justified the NFA (1934) under its taxing power. The “One Big Beautiful Bill Act” (2025) zeroed out the making and transfer taxes on these items effective January 1, 2026 (machine guns and destructive devices still carry the $200 tax). With no revenue generated, the registration, application (Forms 1/4), approval, fingerprinting, photography, and related criminal penalties that previously supported tax collection can no longer rest on the Taxing Clause. The court rejected attempts to rejustify them under the Commerce Clause or Necessary and Proper Clause, noting Congress enacted the challenged provisions solely under the taxing power. It did not reach Second Amendment claims. Scope and limits of the rulingDestructive device.
Why did this get moved to bloggers?
This is pretty big for 2nd Amendment firearms rights...
So it’s not considered news, now?
ask Admin
grok isn’t exactly correct
AOW isn’t covered, because it wasn’t mentioned in the case, even though it is a NFA item.
It appears that, if you buy what were NFA items from the commercial entities, or are members of GOA or other listed organizations, the NFA registration doesn’t apply to you anymore....
So no more forms, fingerprints and pictures if you are a current or future customer, or part of the covered members
All this depends on appeals, though
DD = “Destructive Device”. Basically hand and rifle grenades, mines, other explosive devices, and certain large-bore, non-black-powder guns, mortars.
~~~~~~
Explained here: https://regulations.atf.gov/479-11/2023-01001#479-11-p670455814
As:
“Destructive device.
(a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Director finds is generally recognized as particularly suitable for sporting purposes; and (c) any combination of parts either designed or intended for use in converting any device into a destructive device as described in paragraphs (a) and (b) of this definition and from which a destructive device may be readily assembled. The term shall not include any device which is neither designed or redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army under 10 U.S.C. 4684(2), 4685, or 4686, or any device which the Director finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.”
~~~~~~
Sorry for the formatting. That’s how it pasted from the ATF website.
Thanks to those posting additional info and about DD’s...
I completely forgot about them....
CFW,
Can you take a look at this? Tell us what it means? Which court? Impacts on gun owners? State laws?
~~~~~~
Backpacker - Have you pinged the Banglist? I’m sure they’ll see it.
If this stands, it puts a nail in the state’s SBR case against the guy who was arrested at Trump’s golf course:
https://freerepublic.com/focus/f-news/4390715/posts
Until the SCOTUS decides on this it isn’t going to apply nation-wide. At least, usually when decisions are made that demo-commies don’t like, the decision only applies to the region covered by the court making the decision. So this needs to make its way to SCOTUS, and they have to apply logic and reason instead of ideology as they do far too often
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.