Good afternoon, fellow bikers, Freedom Lovers, and Second Amendment supporters! Since the start of President Trump’s second term, there has been a significant amount of movement on firearms rules and regulations – both good and bad. But nothing has been more important than the president’s 2025 Big Beautiful Bill Act. Hidden in that act was the reduction of the much hated Federal Tax Stamp on suppressors, short-barreled rifles (SBR) and short-barreled shotguns from $200 to $0. This was obviously well received by gun owners who have dealt with the ATF on National Firearms Act (NFA) items in the past – your friendly author included.
Trump signed the Big Beautiful Bill on July 4, 2025. On the same day, Silencer Shop Foundation sued the ATF in the Northern District Court of Texas, San Angelo Division (Silencer Shop Foundation v. ATF). The plaintiff asked for the court to rule the requirement for all included plaintiffs to fill out the ATF Form 4, submit fingerprints and photo and transmit to the ATF, then wait up to 18 months for their approval, before taking possession of their suppressors or other NFA items, was unconstitutional. Their legal argument was that the National Firearms Act was created as a tax act – not a standalone firearms law.
The case was assigned to U.S. District Judge James Wesley Hendrix who would review “cross-motions for summary judgment.” These were reviewed in October 2025, with oral arguments heard on July 7, 2026. On August 5, Judge Hendrix issued his ruling, summarized below:
“In sum, the challenged NFA provisions rise and fall on the taxing power. When it enacted the NFA, Congress invoked the Taxing Clause—not its power to regulate interstate commerce. As a result, Congress’s later decision to eliminate the transfer and making taxes for most NFA firearms has constitutional consequences. Without revenue generation, the regulatory requirements for those firearms—which were designed to support the transfer and making taxes—cannot be upheld under the taxing power. The challenged NFA provisions thus exceed Congress’s enumerated powers.” – Judge James W. Hendrix
What does all of this mean for us?
Practically speaking, this decision only provides injunctive relief to plaintiffs tied to the original lawsuit, which was supported by Gun Owners of America:
- Gun Owners of America members
- Gun Owners Foundation
- Silencer Shop Foundation
- B&T USA
- Palmetto State Armory customers
- SilencerCo
Based on Trump administration officials, there are no plans to appeal this decision – as they support it. Today, because of the lawsuit, and support of GOA, individuals in most states can purchase suppressors, short-barreled rifles and short-barreled shotguns without going through the onerous task of submitting ATF Form 4 and then waiting. And waiting some more. Unfortunately, people in these states, because of state laws, will not benefit from this ruling:
- California
- Delaware
- Hawaii
- Illinois
- Massachusetts
- New Jersey
- New York
- Rhode Island
You will notice one thing about that list, they are some of the most crazy liberal states in the country. Obviously, it sucks to live in any of them. They hate freedom and personal liberties.
Unfortunately, there is much work left to do. The far left whacky BLUE states will continue to push the limits of Supreme Court decisions and sign new laws which will limit your ability to own certain firearms. So far this year, Minnesota, Maryland, New York, Delaware, Virginia, and Colorado have enacted new laws. Virginia’s package of regulations is beyond crazy as one provision attempts to ban AR-15 platforms and any magazine with a capacity over 15 rounds. There are already two temporary injunctions against this provision, but Virginia’s batshit crazy new attorney general, Jay Jones, has already appealed.
This patchwork of new gun laws, related to so called “assault rifles,” will hopefully be settled by next summer, as the Supreme Court of the United States will hear oral arguments in two AR-15 ban cases: Viramontes v. Cook County (Illinois) and Grant v. Higgins (Connecticut). These oral arguments are currently scheduled for this December.
We owe Gun Owners of America a huge thank you. They have stepped into the void left when the National Rifle Association became all but irrelevant. I recommend you join GOA if you value your freedoms – and the Second Amendment – as much as I do. Until next time, train to shoot straight – and practice often!
Μολὼν λαβέ,
The Original Grey Beard Biker™
gbb@TheGreyBeardBiker.com
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