The Trump administration declined to immediately appeal a ruling by a federal judge in Lubbock that invalidated parts of the 1934 National Firearms Act.
Nearly century-old federal restrictions on certain short-barrel firearms and silencers were lifted Thursday for some gun groups and government agencies 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 — on top of registering them — in an effort to curtail 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 joined the lawsuit.
On Aug. 5, U.S. District Judge James Wesley Hendrix in Lubbock ruled that the regulations, enacted under lawmakers’ authority to impose taxes, could not continue after the tax was revoked.
“The challenged NFA provisions are unconstitutional,” the Trump-appointed judge wrote. “Congress’s choice to eliminate the transfer and making taxes matters, and the defendants cannot save the NFA’s regulatory scheme by referring to a power that Congress never invoked. Efforts to render the NFA constitutional must come from Congress, not this Court.”
Hendrix limited the effect of his order to the individual and groups that were part of the lawsuit, as well as their current and future customers or members. In addition, the injunction covers state agencies and political subdivisions in the 15 states that joined the lawsuit.
The DOJ could still appeal within 60 days of Hendrix’s decision, but its plans are unclear.
“The Department respects Americans’ Second Amendment rights and is currently assessing the impact of the court’s ruling,” 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, urged newly appointed U.S. Attorney General Todd Blanche not to fight the court decision. On Thursday, they cheered the win.
“The Trump administration has delivered a decisive victory for the Second Amendment,” U.S. Rep. Chip Roy, R-Austin, said in a post on X.
Others — including state Rep. Wes Virdell, R-Brady, and Brandon Herrera, a Republican candidate running for 23rd Congressional District who is known as “The AK Guy” — celebrated by making a purchase after the ruling took effect at midnight.
“Last night was an amazing experience to be a part of history in the making,” Virdell said in a Thursday post on X.
Gun control groups blasted the DOJ’s 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.
“Today, our government is failing us,” Brady President Kris Brown said in a statement. “Today, the gun industry and silencer dealers are celebrating, while Americans are left less safe.”
This story has been updated to clarify the scope of the ruling.
Source: Alex Nguyen, The Texas Tribune
Photo Credit: Rifles line the walls of the Frisco Gun Club in Frisco on May 1, 2024. Azul Sordo for the Texas Tribune
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