This morning, shortly after the clock struck midnight, two Americans (Brandon Herrera and Wes Virdell along with Silencer Shop) conducted the transfer of firearm silencers without any registration under the National Firearms Act, the first time this has legally happened in 92 years – a historic event that may well mark the dissolution of the NFA as we know it.
The event occurred as the Justice Department’s window to appeal a court’s decision striking down portions of the NFA closed, at least for this portion of the legal fight. The silencer transfers are likely to be the first of a wave of many as gun rights enthusiasts around the nation take note.
“GOA fought to crush the NFA’s unconstitutional restrictions through the One Big Beautiful Bill, but we didn’t stop there. We promised to keep fighting until these restrictions were gone, and now our members are putting the historic victory into action. The era of federal registration for constitutionally protected arms must end,” said Erich Pratt, senior vice president of Gun Owners of America.
Wes Virdell, member of the Texas House of Representatives and one of the transferees, added, “It’s hard to believe we have moved the needle so far. What was once considered unachievable is now a reality, because of Gun Owners of America and Silencer Shop. GOA never gave up the fight to get here. I am grateful to be a part of this history happening right before our very eyes.”
On August 12, just hours before the imminent Justice Department deadline, Representative Andrew Clyde, who led the joint letter to the DOJ from 47 elected members of Congress, stated, “I’ve received confirmation from the Trump Administration that the DOJ will NOT appeal our historic court victory against the NFA. THANK YOU, PRESIDENT TRUMP and Attorney General Blanche, for delivering the most significant Second Amendment win in OVER 90 YEARS!”
As of this writing, the $200 excise tax is already dead for the relevant categories (silencers, short-barreled rifles, short-barreled shotguns, and certain other weapons) for all Americans pursuant to the One Big Beautiful Bill Act effective January 1, 2026. However, the NFA registration scheme is no longer effective as enjoined by the Texas district judge only for those who are plaintiffs in Silencer Shop Foundation v. ATF. No universal injunction exists for gun owners at large. However, the injunction applies to plaintiffs “and customers – both current and future.”
Some legal experts urge caution, while other gun rights enthusiasts advocate that Americans must take back their rights by ignoring unconstitutional edicts and favoring mass non-compliance.
“It appears we are on the verge of the biggest win the gun community has ever had, certainly the one with the most immediate and widespread impact on restoring rights we lost in 1934 and until recently had no real belief they’d ever be restored,” said Justin Nazaroff, CEO of Fenix Ammunition, adding, “While I understand the hesitancy of some to test the validity of the decision, we have the opportunity to create an administrative and paperwork nightmare for our government adversaries and it’s incumbent upon us to do so.”
