U.S. District Judge James Hendrix ruled Wednesday that because Congress eliminated the $200 tax on suppressors and certain guns last year, the registration requirements under the National Firearms Act can no longer be enforced under Congress's taxing power.
"No longer can the challenged NFA provisions be justified, as they have been for nearly 90 years, under Congress's taxing power," Hendrix wrote.
The decision could allow firearm owners to buy suppressors, short-barreled rifles, short-barreled shotguns, and other NFA-regulated firearms without going through the old registration process. Federal background checks under other laws would still apply, according to AP News.
Congress passed the National Firearms Act in 1934 in response to concerns about mafia violence. The law used a tax as the hook to regulate weapons considered the most dangerous. Registration was tied to paying that tax.
Gun rights groups argued that the registration system was effectively a gun registry. Giffords Law Center Chief Counsel Adam Skaggs said the process included notifying local law enforcement and asking whether there was any reason to deny the application.
"That process effectively functioned as a heightened background check for NFA weapons, and that process is no longer enforceable," Skaggs said.
The Second Amendment Foundation celebrated the ruling, saying it "will set a precedent we can now argue in courts across the country to allow Americans to exercise their Second Amendment rights without fear of being placed on some government registry."
Giffords Law Center responded with a statement: "Today's ruling is a dangerous step backward for public safety."
The Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces the regulations, did not immediately respond to a request for comment. In June, the ATF counted more than 6.4 million registered firearm suppressors in the United States.
For California readers, the practical impact may be limited. California has its own strict firearms laws, separate from the federal NFA. State law heavily restricts or outright bans suppressors and short-barreled rifles and shotguns. California also maintains its own permitting and registration requirements through the Department of Justice.
Even if the Texas ruling removes one layer of federal oversight, California residents would still need to follow state law. The ruling could face appeals or a stay, so the nationwide effect remains uncertain.
The National Firearms Act has been in effect since 1934. It established a federal tax and registration system for machine guns, suppressors, short-barreled rifles, and short-barreled shotguns. Last year, Republicans eliminated the $200 tax on those devices as part of a tax and spending bill signed by President Donald Trump. That change led to this legal challenge.
This Texas decision marks a major shift in federal firearms regulation, but it is not final. Appeals are likely, and the case may reach the Supreme Court. Californians should watch closely, even if state laws keep most changes at a distance for now.