FEDERAL INJUNCTION LIMITING ENFORCEMENT OF CERTAIN NFA PROVISIONS TAKES EFFECT
On August 5, 2026, Judge Hendrix of the U.S. District Court for the Northern District of Texas entered a decision in the consolidated cases of Silencer Shop Foundation v. ATF and Jensen v. ATF holding portions of the National Firearms Act (“NFA”) to be unconstitutional. He issued a final judgment and permanent injunction that same day, but stayed its effective date until August 13, 2026. The government chose not to immediately appeal and seek a stay of this injunction, so it is now in effect.
The plaintiffs in the consolidated cases included members of the firearms industry, firearms-rights organizations, individual firearm owners, and states. The plaintiffs argued that the challenged NFA provisions exceeded Congress’s Article I powers and violated the Second Amendment. The court granted summary judgment on the enumerated-powers claims and dismissed the Second Amendment claims as abandoned.
The decision rests on Congress’s 2025 elimination of the NFA transfer and making taxes for suppressors, short-barreled rifles, short-barreled shotguns, and any other weapons. The court concluded that, because the NFA’s regulatory requirements had historically been justified as aiding collection of those taxes, the provisions could no longer be sustained under Congress’s taxing power once the taxes were reduced to zero. The court also rejected the government’s argument that the challenged provisions could be preserved under the commerce clause, or as necessary and proper to collection of the separate special occupational tax.
Importantly, the injunction does not enjoin the specified provisions of the NFA for everyone. Rather, the injunction protects only the specifically named plaintiffs and, where applicable, their agencies, political subdivisions, members, and customers (both current and future). The challenged NFA provisions remain enforceable against everyone else.
The government has until October 5, 2026 to appeal the final judgment and could still seek a stay on or before that date. Any member of the firearms industry who has questions regarding the scope of the injunction, whether they or their customers are covered by it, and whether they should make any changes to their policies and procedures based on it should contact Christopher Renzulli.