GIFFORDS, Everytown for Gun Safety, Brady denounce DOJ’s failure to protect foundational federal gun safety law against gun lobby attacks

WASHINGTON – GIFFORDS, Everytown for Gun Safety, and Brady released the following statements today after the Department of Justice failed to protect the common-sense regulations on silencers, short-barreled rifles and shotguns, and other dangerous firearms or devices that have been in place since the National Firearms Act (NFA) went into effect in 1934, against senseless gun lobby attacks in Texas.

“The Department of Justice’s decision is a failure to defend public safety. Congress put these safeguards in place nearly 100 years ago. As a result, silencers, short-barreled rifles, and short-barreled shotguns are rarely used in crimes today. But now, silencers and dangerous, easily concealable weapons can now easily get into the wrong hands and be used to harm innocent people. This is exactly the outcome the gun lobby wanted when they pushed for this provision in the Big Beautiful Bill. By not seeking a stay, the Department of Justice is putting the gun industry’s profits ahead of the American people’s safety,” said GIFFORDS Executive Director Emma Brown.

“Less than a week after Senate Republicans confirmed Todd Blanche as Attorney General, DOJ has failed to defend a 100-year-old public protection against some of our nation’s deadliest weapons – even as it actively defends this exact same law in other courtrooms,” said John Feinblatt, president of Everytown for Gun Safety. “This decision is a clear sign that under the leadership of AG Blanche, who has strong family ties to the gun industry, DOJ is more concerned with protecting gun companies than public safety. We demand that AG Blanche appeal this dangerous ruling.”

“Today, our government is failing us. At midnight, uniquely lethal weapons and devices — including silencers, short-barreled rifles, and shotguns — were deregulated for the first time in nearly a century,” said Brady President Kris Brown. “The Department of Justice had the opportunity to act to protect our safety, but it failed to do so. Worse, 47 gun lobby-beholden members of Congress directly urged Attorney General Blanche to stand down. Our elected officials are supposed to serve the American people, not the gun industry’s bottom line. Today, the gun industry and silencer dealers are celebrating, while Americans are left less safe.”

On August 5, 2026, a federal judge in Texas ruled that key enforcement provisions of the NFA are unconstitutional as applied to silencers, short-barreled rifles and shotguns, and “any other weapons” – referring to other dangerous weapons and devices subject to NFA regulations including camouflaged or disguised firearms like pen guns and cane guns.

The Department of Justice’s deadline to appeal the Texas judge’s dangerous decision is 60 days from when the ruling first came down. That said, the court gave DOJ a one-week stay before the ruling went into effect for plaintiffs. DOJ’s failure to appeal and seek a further stay from the Fifth Circuit before the ruling took effect at midnight sets a dangerous precedent. For over a year, President Trump’s DOJ has consistently defended this law from similar challenges, making this week’s failure to seek immediate appellate relief to keep this longstanding law in place especially stark. 

This lapse also directly contradicts statements made by Todd Blanche during his nomination process, when he explicitly promised under oath to uphold the law: “I defer to the measured judgment of Congress on whether the NFA should be repealed or weakened. The Department’s duty is to defend the constitutionality of the laws passed by this body.”

While the current injunction directly covers only the plaintiffs in this case, leaving the ruling unchallenged invites a domino effect that could potentially invalidate NFA protections nationwide through similar pending lawsuits like ongoing challenges in Missouri and Kentucky. 

The Northern District of Texas judge’s decision stems from changes to the NFA that Congressional Republicans made in President Trump’s July 2025 “One Big Beautiful Bill Act”. Buried in this partisan law was a provision that changed the longstanding tax on transferring and making these NFA weapons and devices from $200 to $0, which will result in a $1.7 billion loss in revenue over the next decade. These changes were made to meet the gun lobby’s demands after Senate Republicans were unable to strip silencers, short-barreled rifles and shotguns, and other concealable weapons and devices from the NFA outright due to Senate rules. 

The gun industry already stood to profit greatly from the One Big Beautiful Bill Act. Now, with the Northern District of Texas decision, the gun industry stands to profit even more. At the same time, communities and the law enforcement officers sworn to protect them, will pay the price — as more NFA weapons and devices are unleashed on the public with fewer regulations. 

Short-barreled rifles and shotguns are much more powerful than handguns but easier to conceal than full-length rifles on one’s person, such as under a coat or in a backpack. They are also easier than full-length rifles to maneuver in tight spaces. These weapons have been used in high-profile crimes and mass shootings alike. The NFA also regulates “any other weapons,” which covers firearms that are also designed for concealment and include those disguised as other objects, such as pens, umbrellas, and canes.

A silencer is a device that helps dampen a firearm’s sound signature and eliminate its muzzle flash by allowing the hot gases that follow a bullet down the barrel to expand and cool before hitting the air outside of the gun. Silencers work like car mufflers, but for firearms. As a result, silencers make it more difficult for bystanders and police to identify that a gun has been fired or where gunshots originate. 

Each of these has been highly regulated since 1934 because of their use in violent crimes in the early 20th century and the danger they continue to pose to communities across the country. Individuals who want to buy or build these firearms or devices must submit an application, their fingerprints, and a passport-style photograph to the Bureau of Alcohol, Tobacco, Firearms and Explosives and undergo an enhanced background check.