DOJ Declines Appeal in Silencer Shop Foundation v. ATF, Cementing Party-Specific Relief from NFA Registration for Suppressors and Short-Barreled Firearms

The U.S. Department of Justice has formally notified Congress it will not appeal a federal district court ruling striking down key National Firearms Act (NFA) registration and approval requirements for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and certain other weapons after Congress eliminated the associated $200 transfer and making taxes.

In a September 24, 2026, letter to Senate Judiciary Chairman Chuck Grassley, Solicitor General D. John Sauer stated that the DOJ “has determined not to file an appeal” in the consolidated cases of Silencer Shop Foundation v. ATF and Jensen v. ATF. The letter was made public in early October 2026. U.S. District Judge James Wesley Hendrix of the Northern District of Texas had issued a final judgment and permanent injunction on August 5, 2026, holding that the challenged NFA provisions (primarily 26 U.S.C. §§ 5812, 5822, 5841, and related sections, plus implementing regulations) could no longer be sustained under Congress’s taxing power once the taxes were reduced to zero by the One Big Beautiful Bill Act. The court rejected fallback arguments under the Commerce Clause, noting Congress had relied exclusively on its taxing authority when enacting the 1934 NFA.

The injunction applies only to the named plaintiffs, their members, agencies, political subdivisions, and customers (current and future). Covered parties include Gun Owners of America, Silencer Shop Foundation affiliates, the Citizens Committee for the Right to Keep and Bear Arms, FPC Action Foundation, Texas State Rifle Association, and 15 states. It does not extend nationwide or to machine guns, destructive devices, or the NFA’s special occupational tax. Standard Gun Control Act requirements, including Form 4473 and NICS background checks, remain in effect.

The ruling creates a two-tier system: protected groups can transfer or make covered items without NFA registration, fingerprints, photographs, or advance ATF approval, while others remain subject to the old process. ATF guidance on implementation and interstate transfers is pending. Republicans in Congress have urged broader application via rulemaking. Court dockets and contemporaneous reporting confirm the appeal deadline (around October 5, 2026) passed without government action, rendering the injunction permanent for covered parties.

This development stems directly from the tax repeal, which removed the constitutional foundation upheld in Sonzinsky v. United States (1937). It highlights ongoing tensions between enumerated powers limits and firearm regulation, with practical effects already visible for protected buyers and sellers.