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DOJ Will Not Appeal NFA Ruling

DOJ Will Not Appeal NFA Ruling

The U.S. Department of Justice will not appeal a federal court ruling that struck down key National Firearms Act registration requirements, according to Rep. Andrew Clyde of Georgia. Clyde said Wednesday that he received confirmation from the Trump administration that DOJ would allow the decision to stand. The department had faced a seven-day window to seek appellate relief following the Aug. 5 ruling by the U.S. District Court for the Northern District of Texas. DOJ had not separately issued a public statement detailing its decision as of Wednesday evening.

The ruling in Silencer Shop Foundation v. ATF, consolidated with Jensen v. ATF, found that federal registration, application and reporting requirements covering suppressors, short-barreled rifles, short-barreled shotguns and certain “any other weapons” could no longer be supported through Congress’s taxing power after lawmakers reduced the associated making and transfer taxes to zero. The court also rejected arguments that the remaining requirements could instead be sustained under other constitutional powers advanced by the government.

The decision does not automatically eliminate the affected NFA requirements for every person nationwide. The court limited its injunction to the plaintiffs and closely associated individuals or organizations, citing restrictions on universal injunctions. Clyde and nearly 50 Republican lawmakers subsequently urged Attorney General Todd Blanche to adopt the ruling as DOJ’s nationwide operating position and begin rulemaking to formally remove the affected regulations for untaxed firearms.

Congress reduced the NFA’s $200 making and transfer taxes for the affected firearms to zero through legislation signed into law in 2025, while leaving the registration framework in place. The Texas court concluded that once the underlying taxes disappeared, the federal government could no longer rely on its taxing authority to justify those accompanying requirements. Machine guns and destructive devices were not included in the tax changes at issue in the case. Clyde characterized DOJ’s decision not to appeal as a major Second Amendment victory, though the broader nationwide application of the ruling will depend on subsequent DOJ and ATF policy, additional litigation or formal regulatory changes.

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