In what Gun Owners of America described as the first lawful commercial suppressor transfers outside the National Firearms Act's registration system since the NFA was enacted on June 26, 1934, Silencer Shop's storefront in Leander, Texas handed two suppressors across the counter shortly after midnight on August 13 — with no Form 4 filed, no ATF approval obtained, and no entry made in the National Firearms Registration and Transfer Record.

The transfers rest on a permanent injunction issued August 5 by U.S. District Judge James Wesley Hendrix of the Northern District of Texas in Silencer Shop Foundation v. BATFE. Judge Hendrix held that the NFA's registration and advance-approval requirements exceed Congress's powers as written today. The legal reasoning turned on a straightforward economic fact: Congress reduced the NFA's making and transfer taxes to zero effective January 1, 2026, leaving a registration regime that collects nothing and cannot survive as an exercise of the taxing power that has sustained it since 1937. The judge's ruling covered suppressors, short-barreled rifles, short-barreled shotguns, and firearms classified as "any other weapons."

The Reload reported that GOA sent a letter on August 12 to Attorney General Todd Blanche and ATF Director Robert Cekada notifying the government that two specific transfers would proceed at midnight if no stay was sought by 5:00 p.m. Eastern. The deadline passed without a word from DOJ or ATF. Representative Andrew Clyde (GA-09), who attended the transfers, said he received confirmation from the Trump administration that DOJ will not appeal. "I've received confirmation from the Trump Administration that the DOJ will NOT appeal our historic court victory against the NFA," Clyde said in a statement. "This is the most significant Second Amendment win in over 90 years."

The two recipients were Brandon Herrera, the Republican candidate for Texas' 23rd Congressional District, and Texas state Representative Wes Virdell. Both are GOA members. GOA Senior Vice President Erich Pratt was also on hand for the midnight transfer. In a statement, Pratt said the organization "promised to keep fighting until these restrictions were gone, and now our members are putting the historic victory into action."

As currently written, the injunction covers members of GOA and five other organizations named in the case, as well as customers of B&T USA, Palmetto State Armory, and SilencerCo. Buyers and dealers outside those specific groups should review their eligibility carefully and confirm with legal counsel before attempting a Form-4-free transfer. ATF has not yet issued public guidance on how it will handle over-the-counter transfers for customers not named in the injunction, and the agency's response at the dealer level will be one of the immediate practical questions in the days ahead.

With DOJ having declined to appeal, the Northern District ruling stands for now in the jurisdictions it covers. Suppressor manufacturers and retailers reported significantly increased customer interest in the weeks following the August 5 decision, as buyers anticipate a broader relaxation of the NFA's approval wait — which has historically run from several months to well over a year. Whether the injunction's scope expands through additional litigation, or whether the government ultimately seeks Supreme Court review on the underlying constitutional question, will determine how far-reaching the change becomes.