NFA Sinking Fast  by Tom Reynolds

In 1934, the National Firearms Act (NFA) put both a tax and mandated permitting requirement on sound suppressors, short-barreled rifles, and short-barreled shotguns.  When Congress approved the National Firearms Act (NFA), it framed the law as a tax measure, justifying its regulations as tools to facilitate the generation of revenue and avoiding conflict with the 2nd Amendment.

In 2025, Congress eliminated the federal taxes on making and transferring sound suppressors, short-barreled rifles, and short-barreled shotguns and, thus, eliminated the tenuous connection to Congress’ authority to tax. 

But of course, the gun control forces did not go quietly so there have been court cases to force compliance.

A Federal Judge in Texas rejected NFA regulations, saying that their tax rationale no longer applies.  U.S. District Judge James Hendrix concluded that NFA provisions no longer apply after Congress eliminated the federal taxes on making and transferring sound suppressors, short-barreled rifles, and short-barreled shotguns,

While a victory for gun rights, it is not a victory for the 2nd Amendment since it hinges on Congress’ power to tax.  But it does uphold a broader principle: The federal government's powers are limited to those enumerated in the Constitution, and congressional legislation must be authorized by one of those powers.

Another Texas judge landed another body blow on the NFA.

Judge James Wesley Hendrix of the Northern District of Texas had said that his order striking down the NFA’s mandated permitting process as unconstitutional would go into effect unless the Justice Department appealed.

Trump administration officials didn’t file an appeal.  In effect, the Justice Department let long-standing restrictions on owning short-barreled guns and suppressors lapse.