DOJ Declines Appeal as NFA Firearm Restrictions Lapse

The United States Department of Justice declined to file an emergency appeal against a ruling by U.S. District Judge James Wesley Hendrix, allowing federal registration and permitting requirements for suppressors, short-barreled rifles, and short-barreled shotguns to lapse on August 14, 2026. Judge Hendrix ruled that these provisions of the 1934 National Firearms Act (NFA) became unconstitutional after the One Big Beautiful Bill Act, signed by President Donald Trump in July 2025, eliminated the $200 federal tax previously used to justify the regulatory scheme.

The ruling is not a nationwide injunction. It applies specifically to the plaintiffs in two consolidated lawsuits, which include 15 Republican-led states, several firearms businesses, and advocacy groups such as Gun Owners of America. While the federal registration process has lapsed for these parties, buyers must still pass standard background checks, and state-level bans in jurisdictions like California and New York remain in effect. Regulations on machine guns were not affected.

Attorney General Todd Blanche faced pressure from approximately 48 GOP lawmakers to allow the ruling to stand, while gun-control organizations including Brady and Everytown for Gun Safety condemned the decision as a failure to protect public safety. Gun Owners of America celebrated the victory by conducting the first unregistered suppressor transfers in 92 years. Although the seven-day window for emergency relief expired, the Department of Justice retains a 60-day window to pursue a standard appeal.