Gun Owners of America achieved a significant victory on August 5 by winning a lawsuit against the registration requirements of the National Firearms Act at the district level in Texas.
This victory marks a significant milestone for gun rights advocates.
🚨BREAKING🚨
In GOA’s case, a federal court just stuck down NFA registration for:
❌Suppressors
❌Short-Barreled Rifles
❌Short-Barreled ShotgunsGOA & our allies in Congress eliminated the tax.
The National Firearms Act of 1934 is now UNCONSTITUTIONAL as applied.
— Gun Owners of America (@GunOwners) August 5, 2026
While we celebrate this victory, the fight is not over yet. The Department of Justice has the option to appeal, and the court has temporarily stayed its order for seven days to allow for potential appellate review. As of now, no appeal has been filed.
Furthermore, the protection granted by the Judge in this case is limited to members of Gun Owners of America and other named plaintiffs.
Although we sought a nationwide injunction, it was not granted by the Judge.
As a result of this ruling, we urge all those seeking protection from the National Firearms Act’s registration requirements to consider becoming GOA members.
Since 1934, the National Firearms Act has imposed strict regulations on Short Barreled Firearms (rifles, shotguns), Suppressors, Machineguns, Destructive Devices, and “Any Other Weapons.”
To acquire these items, Americans were required to undergo a detailed background check process involving passport photos, fingerprinting, address disclosure, and payment of a $200 tax.
However, with the signing of the “One Big Beautiful Bill” on July 4, 2025 by President Trump, some of these regulated items saw the removal of the $200 tax.
Effective January 1, 2026, the tax for short barreled firearms, suppressors, and “Any Other Weapons” or AOWs was reduced to $0. Machineguns and destructive devices remained subject to the $200 tax. This significant change was included in the reconciliation bill and became law thanks to the efforts of Gun Owners of America and allies.
Although GOA advocated for the complete elimination of registration requirements, the Senate Parliamentarian unexpectedly removed them, prompting calls for her removal.
We were disappointed that the registration of these firearms was omitted at the last minute, despite the substantial victory for gun rights.
Subsequently, we initiated a lawsuit.
The officials at ATF and DOJ resisted surrendering their registry. They vigorously opposed us in court, contending that even with a $0 tax, they could still register the “tax” as paid and maintain their gun registry.
Fortunately, historical cases from the 1930s had already addressed this issue, with the Supreme Court ruling in the 1935 case United States v. Constantine that a tax ceases to be a tax when it no longer generates revenue, prompting a review to determine if it is indeed a disguised regulation.
As expected, a $0 tax on NFA-regulated items falls into this category.
These regulations could not be justified as “necessary and proper,” as argued by the Department of Justice in our case. The court rejected the government’s alternative argument invoking the Commerce Clause, as Congress had not invoked it. With the constitutional basis undermined, the registration requirements tied to the tax were invalidated.
Therefore, on August 5, U.S. District Judge James Wesley Hendrix of the Northern District of Texas ruled that items with a $0 tax were exempt from the registration and regulatory demands of the National Firearms Act.
“[T]he Court concludes that the challenged NFA provisions exceed Congress’s Article I enumerated powers and are therefore unconstitutional… [Gun Owners of America is] entitled to a permanent injunction against the challenged NFA provisions.” https://t.co/iyr4teQtN9 pic.twitter.com/UZA6waIAqc
— Gun Owners of America (@GunOwners) August 5, 2026
Nevertheless, the battle continues. The Department of Justice retains the option to appeal our victory. We are prepared to continue this fight and are confident in the strength of our legal position.
The Department of Justice could also opt not to appeal, allowing the ruling to have nationwide implications.
GOA members have been actively engaging with their Senators to urge Attorney General Todd Blanche not to appeal this decision.
This Department of Justice claims to be “the most pro-2A DOJ in history.”
It’s time for them to demonstrate their commitment beyond rhetoric.
*** Gun Owners of America is the premier No Compromise Gun Lobby in Washington DC
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