Nearly century-old federal restrictions on certain short-barrel firearms and silencers were lifted Thursday in several states, including Texas, after the Trump administration declined to file an emergency appeal challenging a federal court order.
Gun rights activists and Republican lawmakers called the change a historic win for the Second Amendment, while gun control groups said the ruling will leave Americans less safe.
In 1934, following high-profile shootings, Congress used its taxing power to enact the National Firearms Act. The law required individuals to pay a $200 fee before transferring or making certain firearms 鈥� on top of registering them 鈥� in these activities. But last year, the One Big Beautiful Bill ended that tax for some categories, including short-barrel shotguns, short-barrel rifles and silencers.
The same day President Donald Trump signed the bill into law in July 2025, firearms trade groups, gun businesses and a San Angelo gun owner sued to overturn parts of the NFA. Just over a month later, Texas and 14 other Republican-led states the lawsuit.
On Aug. 5, U.S. District Judge James Wesley Hendrix in Lubbock ruled that the regulations, enacted under lawmakers鈥� authority to impose taxes, could not continue after the tax was revoked.
鈥淭he challenged NFA provisions are unconstitutional,鈥� the Trump-appointed judge . 鈥淐ongress鈥檚 choice to eliminate the transfer and making taxes matters, and the defendants cannot save the NFA鈥檚 regulatory scheme by referring to a power that Congress never invoked. Efforts to render the NFA constitutional must come from Congress, not this Court.鈥�
Hendrix limited the effect of his order to the states that joined the lawsuit. The judge also gave the federal government seven days to file an emergency appeal. When the Department of Justice did not, the ruling took effect Thursday.
The DOJ could still appeal within 60 days of Hendrix鈥檚 decision, but its plans are unclear.
鈥淭he Department respects Americans鈥� Second Amendment rights and is currently assessing the impact of the court鈥檚 ruling,鈥� the DOJ said in a Thursday statement.
The lack of an emergency appeal also came after a group of Republicans in Congress, including nine from Texas, U.S. Attorney General Todd Blanche not to fight the court decision. On Thursday, they cheered the win.
鈥淭he Trump administration has delivered a decisive victory for the Second Amendment,鈥� U.S. Rep. , R-Austin, said in on X.
Others 鈥� state Rep. , R-Brady, and Brandon Herrera, a Republican candidate running for 23rd Congressional District who is known as 鈥淭he AK Guy鈥� 鈥� celebrated by making a purchase after the ruling took effect at midnight.
鈥淟ast night was an amazing experience to be a part of history in the making,鈥� Virdell in a Thursday post on X.
Gun control groups the DOJ鈥檚 decision, saying short-barrel rifles and shotguns are powerful weapons that have been used in mass shootings, while silencers can make it difficult for bystanders and law enforcement to detect if and where a gun has been fired.
鈥淭oday, our government is failing us,鈥� Brady President Kris Brown said in a statement. 鈥淭oday, the gun industry and silencer dealers are celebrating, while Americans are left less safe.鈥�
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