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Trump Directs DOJ Not to Appeal Ruling That Eases Rules on Short‑Barreled Firearms and Silencers

Trump Directs DOJ Not to Appeal Ruling That Eases Rules on Short‑Barreled Firearms and Silencers
President Donald Trump on Aug. 24Credit: Will Oliver/EPA/Bloomberg via Getty

President Trump has directed the Justice Department not to appeal a federal district court ruling that limits enforcement of parts of the National Firearms Act, easing restrictions on short‑barreled rifles, short‑barreled shotguns and silencers. Judge James Wesley Hendrix said the challenged NFA provisions exceed Congress's taxing power after recent legislation set the tax on many NFA items to $0. The DOJ will notify Congress it will not appeal, the ATF will issue guidance, and the White House said existing prohibitions and federal criminal statutes remain enforceable. The appeal deadline is Oct. 5.

President Donald Trump has instructed the Department of Justice not to appeal a federal judge's August order that limits enforcement of parts of the National Firearms Act (NFA), a move that could make it easier to manufacture, transfer and purchase short‑barreled rifles, short‑barreled shotguns and firearm silencers (suppressors), according to media reports.

What the Ruling Says

In August, U.S. District Judge James Wesley Hendrix of the Northern District of Texas found that certain regulatory provisions of the NFA cannot be sustained under Congress's taxing power after recent legislation set the tax on many NFA items to $0. Hendrix wrote:

Trump Directs DOJ Not to Appeal Ruling That Eases Rules on Short‑Barreled Firearms and Silencers
The Department of Justice (DOJ) seal on the J. Edgar Hoover Federal Bureau of Investigation (FBI) building in Washington, DC, US, on Tuesday, April 7, 2026.Credit: Graeme Sloan/Bloomberg via Getty
"Because today's NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power... Thus, the regulatory provisions must be enjoined as unconstitutional because they exceed Congress's enumerated powers."

Scope And Plaintiffs

The order affects enforcement of specific NFA provisions governing short‑barreled shotguns, short‑barreled rifles and silencers. Plaintiffs in the case include a coalition of individuals, businesses, trade associations and several states challenging those provisions.

Administration Response And Next Steps

CBS News reported on Sept. 17 that the president personally decided not to pursue an appeal and informed some Republican lawmakers that he would ensure the DOJ did not contest the decision. A Justice Department official told PEOPLE the DOJ intends to notify Congress it will not appeal; the official also denied reports that an appeal was already in motion before White House intervention.

Trump Directs DOJ Not to Appeal Ruling That Eases Rules on Short‑Barreled Firearms and Silencers
President Donald on September 12, 2026, in Dublin, Ireland.Credit: Artur Widak/NurPhoto via Getty

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) said it will issue guidance to implement the court's order. The White House emphasized that people already prohibited from purchasing firearms remain barred and that federal criminal statutes imposing additional charges or penalties for unlawful firearm possession remain in effect and will be enforced.

Legislative Context

Earlier this year, the "One Big Beautiful Bill Act" set the tax rate for the manufacture or transfer of most NFA‑regulated items (excluding machine guns and destructive devices) to $0 — a change the judge cited as central to his reasoning.

Appeal Deadline: Oct. 5, according to CBS News.

The ruling applies to specific statutory provisions and may be subject to further litigation, appeal by other parties, or legislative action that could clarify or change the law. For manufacturers, dealers and owners of affected items, the decision creates immediate regulatory uncertainty while the government prepares guidance and stakeholders consider next steps.

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