Nearly century-old federal restrictions on certain short-barrel firearms and silencers were lifted Thursday in several states, including Texas, after the Trump administration declined to file an emergency appeal challenging a federal court order. <\/p>\n
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. <\/p>\n
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 \u2014 on top of registering them \u2014 in an effort to curtail<\/a> 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. <\/p>\n 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<\/a> the lawsuit.<\/p>\n On Aug. 5, U.S. District Judge James Wesley Hendrix in Lubbock ruled that the regulations, enacted under lawmakers\u2019 authority to impose taxes, could not continue after the tax was revoked. <\/p>\n \u201cThe challenged NFA provisions are unconstitutional,\u201d the Trump-appointed judge wrote<\/a>. \u201cCongress\u2019s choice to eliminate the transfer and making taxes matters, and the defendants cannot save the NFA\u2019s regulatory scheme by referring to a power that Congress never invoked. Efforts to render the NFA constitutional must come from Congress, not this Court.\u201d<\/p>\n Hendrix limited the effect of his order to the states that joined the lawsuit. The judge also gave the federal government seven days to file an emergency appeal. When the Department of Justice did not, the ruling took effect Thursday. <\/p>\n The DOJ could still appeal within 60 days of Hendrix\u2019s decision, but its plans are unclear. <\/p>\n \u201cThe Department respects Americans\u2019 Second Amendment rights and is currently assessing the impact of the court\u2019s ruling,\u201d the DOJ said in a Thursday statement.<\/p>\n The lack of an emergency appeal also came after a group of Republicans in Congress, including nine from Texas, urged<\/a> newly appointed<\/a> U.S. Attorney General Todd Blanche not to fight the court decision. On Thursday, they cheered the win. <\/p>\n \u201cThe Trump administration has delivered a decisive victory for the Second Amendment,\u201d U.S. Rep. Chip Roy<\/a>, R-Austin, said in a post<\/a> on X. <\/p>\n Others \u2014 including<\/a> state Rep. Wes Virdell<\/a>, R-Brady, and Brandon Herrera, a Republican candidate running for 23rd Congressional District who is known as \u201cThe AK Guy\u201d \u2014 celebrated by making a purchase after the ruling took effect at midnight.<\/p>\n \u201cLast night was an amazing experience to be a part of history in the making,\u201d Virdell said<\/a> in a Thursday post on X.<\/p>\n