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Justice Department Allows Deregulation of Silencers and Certain Firearms Following Court Ruling

Federal registration rules for silencers and short-barreled rifles expired for certain groups Friday after the Justice Department declined to seek a stay of a Texas court ruling.

Published October 9, 2026 at 4:43 PM EDT

The short answer

Federal registration rules for silencers and short-barreled rifles expired for certain groups Friday after the Justice Department declined to seek a stay of a Texas court ruling.

Justice Department Allows Deregulation of Silencers and Certain Firearms Following Court Ruling

The Facts

Who
U.S. Department of Justice, Judge James Wesley Hendrix, and members of Gun Owners of America.
What
Deregulation of suppressors and short-barreled firearms for specific litigants.
When
Friday, October 9, 2026
Where
Northern District of Texas
Why
A federal judge ruled the National Firearms Act's registration scheme unconstitutional because Congress had eliminated the underlying tax.

The U.S. Department of Justice (DOJ) has declined to seek a pause on a Texas court ruling that struck down federal registration requirements for firearm suppressors, short-barreled rifles, and short-barreled shotguns. The decision allowed the deregulation of these items to take effect at 12:01 a.m. CT on Friday, Oct. 9, 2026, for specific groups involved in the litigation.

The legal challenge centers on the National Firearms Act (NFA) of 1934, which requires owners of specialized firearms to register them with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and pay a $200 tax. U.S. District Judge James Wesley Hendrix ruled on Aug. 5, 2026, that these regulations became unconstitutional after the "One Big Beautiful Bill Act" passed by Congress in 2025 eliminated the $200 tax on most NFA items, removing what the judge identified as the law's constitutional basis.

Following the ruling, the DOJ was given a one-week deadline to request a stay to keep the rules in place during the legal process. That deadline expired at midnight on Thursday, Oct. 8, 2026. While the department did not seek an immediate stay, a spokesperson stated that the DOJ is "assessing the impact of the court's ruling" and may still appeal the final decision.

Attorney General Todd Blanche previously stated during his confirmation process that he would defer to the "measured judgment of Congress" regarding whether the NFA should be weakened, while noting the department's duty to defend the constitutionality of federal laws. Gun-control organizations, including Brady and Giffords, described the decision not to seek a stay as a failure to defend public safety, while the Gun Owners of America (GOA) stated that two members acquired suppressors without federal registration following the order.

This ruling affects members of specific organizations named in the lawsuits, including Gun Owners of America and the Texas State Rifle Association, and residents of 15 Republican-controlled states. The GOA stated this is the first time since 1934 that such acquisitions have been legal. Under the NFA, owners previously had to pay a $200 tax per item and wait for ATF processing; litigants within the scope of the injunction now face no federal registration or tax requirements for these specific weapon types.

Individuals affected will notice a change in the legality of acquiring silencers and short-barreled weapons, as they no longer need to submit paperwork to the ATF or wait for federal background registry inclusion for these items. Gun-control advocates stated this change could impact the ability of federal agents to trace firearms used in crimes, a process that relies on the NFA registry. Conversely, firearm advocacy groups argue the move restores Second Amendment rights.

The effects include a potential shift in how the ATF operates its National Firearms Registration and Transfer Record. If the ruling is upheld on appeal or expanded, it could remove federal oversight for a category of weapons that have been controlled for nearly a century. What happens next depends on whether the DOJ files a formal appeal of Judge Hendrix’s ruling to a higher court; while the deadline for a stay has passed, the window for a full appeal remains open. No specific date for an appeal filing was reported.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. June 26, 1934

    National Firearms Act enacted

  2. 2025

    One Big Beautiful Bill Act eliminates NFA transfer taxes

  3. August 5, 2026

    Judge Hendrix rules NFA registration unconstitutional

  4. October 8, 2026

    Deadline for DOJ to request a stay expires at midnight

  5. October 9, 2026

    Deregulation takes effect for plaintiffs at 12:01 a.m. CT

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Justice Department Allows Deregulation of Silencers and Certain Firearms Following Court Ruling?

The U.S. Department of Justice (DOJ) has declined to seek a pause on a Texas court ruling that struck down federal registration requirements for firearm suppressors, short-barreled rifles, and short-barreled shotguns. The decision allowed the deregulation of these items to take effect at 12:01 a.m. CT on Friday, Oct. 9, 2026, for specific groups involved in the litigation.

Who is involved?

U.S. Department of Justice, Judge James Wesley Hendrix, and members of Gun Owners of America.

When did this happen?

Friday, October 9, 2026

Where did this happen?

Northern District of Texas

Why does this matter?

A federal judge ruled the National Firearms Act's registration scheme unconstitutional because Congress had eliminated the underlying tax.