Gun Owners Complete First Unregistered Suppressor Transfers in 92 Years After Texas Court Ruling

Two gun owners completed suppressor transfers at a Texas firearms dealer early Thursday without federal registration and approval, marking the first such unregistered transfers in 92 years following a federal court's ruling that key National Firearms Act restrictions are unconstitutional.

The transfers occurred just after midnight Central Time on Aug. 13 at Silencer Shop in Leander. Gun Owners of America members Brandon Herrera and Texas state Rep. Wes Virdell received the devices after the organization and Silencer Shop notified the Justice Department and Bureau of Alcohol, Tobacco, Firearms and Explosives of their plans. Federal authorities did not object, according to GOA.

"This is the first time in 92 years that any gun owner has been able to do this," Said Aidan Johnston, GOA's director of federal affairs. "Previously, this would have been punishable by up to 10 years in federal prison and a $250,000 fine per violation."

U.S. District Judge James Wesley Hendrix of the Northern District of Texas issued the ruling on Aug. 5 in Silencer Shop Foundation v. ATF and a consolidated case. The judge determined that registration, application, fingerprinting and related requirements for suppressors and certain other weapons lost their constitutional foundation after Congress reduced the associated National Firearms Act taxes to zero in the One Big Beautiful Bill Act.

The ruling rested on the National Firearms Act of 1934 having relied on Congress's taxing power. With the taxes eliminated effective Jan. 1, 2026, the judge rejected the government's argument that the regulations could be sustained under the Commerce Clause, writing that Congress had never invoked that power for the challenged provisions.

The permanent injunction applies to the plaintiffs and their members and customers but is not a nationwide order. Rep. Andrew Clyde, R-Ga., who attended the midnight transfers, said the Justice Department is not expected to appeal.

Suppressors have grown in popularity among hunters and recreational shooters primarily for hearing protection. State laws governing their possession remain in effect.