Representative Andrew Clyde (R-GA) is leading nearly 50 of his House and Senate Republican colleagues in sending a letter to Attorney General Todd Blanche and the Department of Justice (DOJ).
In the letter, Rep. Clyde and his colleagues urge the DOJ to decline any appeal of last week’s historic ruling against National Firearms Act (NFA) registration for “$0 NFA tax firearms,” and apply it nationwide through official rulemaking.
What court ruling is this in response to? On August 5th, the U.S. District Court for the Northern District of Texas delivered a monumental win to plaintiffs in Silencer Shop Foundation v. ATF.
The landmark ruling struck down NFA registration requirements for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any other weapons (AOWs).
Essentially, the court determined that these requirements exceed Congress’s constitutional authority after Congress eliminated the NFA’s taxes on those arms.
What Rep. Andrew Clyde and his colleagues had to say in the letter:
- “We write today, following our letters of November 10, 2025 and December 18, 2025, urging the Department of Justice (DOJ) to adopt the position that the National Firearms Act's registration and transfer requirements cannot survive the elimination of their underlying taxes.”
- “The court correctly recognized that the NFA's registration, application, and reporting requirements for short-barreled rifles, short-barreled shotguns, silencers, and AOWs have rested only on the taxing power, and that a tax set to zero can no longer support the regulatory machinery built to collect it.”
- “We ask that the Department decline to appeal, to seek rehearing, or to otherwise attempt to cabin or narrow this ruling.”
- “First, effective immediately, the DOJ should apply the court's constitutional holding as its nationwide operating position.”
- “Second, the DOJ should initiate rulemaking to formally rescind or amend the challenged regulations as they apply to untaxed firearms.”
Further Context: Notable cosigners include Representatives Brian Babin (R-TX), Andy Biggs (R-AZ), Lauren Boebert (R-CO), Tim Burchett (R-TN), Kat Cammack (R-FL), Buddy Carter (R-GA), Mike Collins (R-GA), Eli Crane (R-AZ), Wesley Hunt (R-TX), Morgan Luttrell (R-TX), and Chip Roy (R-TX).
