Trump DOJ Declines Appeal, Allowing Key NFA Provisions to Lapse After Court Ruling

Multiple credible reports confirm that the U.S. Department of Justice under the Trump administration has declined to appeal a federal court ruling that effectively deregulates certain items under the National Firearms Act (NFA) of 1934, including suppressors, short-barreled rifles (SBRs), and short-barreled shotguns (SBSs). The development follows the passage of the "One Big Beautiful Bill Act" (also referred to as P.L. 119-21 or the Big Beautiful Bill) signed in July 2025, which eliminated the longstanding $200 transfer and making tax on these non-machinegun NFA items effective January 1, 2026.[1][2]

On August 5, 2026, U.S. District Judge James Wesley Hendrix in the Northern District of Texas ruled that the NFA's registration and approval requirements for these items are unconstitutional once the tax revenue basis is removed, as the original law relied on Congress's taxing power. The DOJ missed the initial 7-day appeal window and has indicated no intent to challenge the decision further, allowing the ruling to take effect at least for plaintiffs and potentially nationwide via guidance.[3][4]

Rep. Andrew Clyde (R-GA) has led congressional efforts, including a letter from nearly 50 Republican lawmakers urging the DOJ not to appeal, and has publicly stated receiving confirmation from the Trump administration that no appeal will occur. Gun rights groups like Gun Owners of America and the NRA-ILA have celebrated the outcome, noting that basic background checks via Form 4473 will persist while the burdensome tax stamp, fingerprinting, and lengthy approvals for affected items are lifted for covered parties.[5][6]

Critics including Everytown for Gun Safety and the Brady Campaign have condemned the move, arguing it weakens nearly century-old public safety measures and increases risks from concealable firearms and devices. Machine guns remain restricted under the Hughes Amendment. The ATF and DOJ are expected to issue further implementation guidance over the coming weeks.[7]