GOA, Silencer Shop, and Two Republican Candidates Turn Up the Heat on DOJ Over NFA Registry

Today is the deadline for the Department of Justice to inform a Texas judge whether it plans to appeal last week’s decision striking down the NFA’s registration and paperwork requirements on items that no longer have a making or transfer tax, and the plaintiffs in the combined Jensen and Silencer Shop cases are turning up the heat on the DOJ and Attorney General Todd Blanche. 

🚨BREAKING🚨

GOA, @SilencerShop, @TheAKGuy, & @WesVirdellTX have officially notified ATF & DOJ of our intent to transfer suppressors tonight, at 12:01AM CDT on 8/13/26, without complying with the currently enjoined requirements of the National Firearms Act of 1934. https://t.co/iyr4teQtN9 pic.twitter.com/iYEbbcryMo

— Gun Owners of America (@GunOwners) August 12, 2026

The DOJ technically has 60 days to file an appeal to the Fifth Circuit, but U.S. District Judge James Wesley Hendrix informed the Justice Department that he was staying the effect of his order for seven days to allow them to seek relief, if any, at the appellate level. As GOA noted in its post on X, the deadline is 11:59 PM, and if DOJ hasn’t filed its intent to appeal with Hendrix by then Silencer Shop plans on transferring suppressors to Brandon Herrera and Wes Virdell without completing an ATF Form 4 or seeking ATF approval for the transfer. 

Hererra, in addition to his Second Amendment advocacy, is the current Republican candidate for the 23rd Congressional District in Texas, while Virdell is the current representative for Texas House District 53.

The DOJ essentially has three potential moves it could make. 

• DOJ files a motion in the Fifth Circuit seeking a stay pending appeal (the most common approach if it intends to appeal).
• DOJ declines to seek a stay, allowing the injunction to take effect while it decides whether to appeal within the 60-day period.
• DOJ announces it will not appeal and instead begins implementing the district court’s ruling. 

Rep. Andrew Clyde and nearly 50 members of Congress are urging Blanche to go with the last option, while folks like Second Amendment attorney Kostas Moros have suggested that the second option would be best for gun owners in the long term. Their thinking is that the Fifth Circuit is likely going to uphold Hendrix’s decision, and that would provide the Supreme Court with the opportunity to apply the decision universally. If they rejected cert, the Fifth Circuit’s decision would still stand, and that would be precedent in the Fifth Circuit going forward. 

Of course, that also risks the Supreme Court overturning Hendrix’s decision, and while that might not be likely with the current makeup of the Court, there’s no telling who will be on the bench if Jensen and Silencer Shop gets there. 

It’s certainly audacious of GOA, Silencer Shop, Herrera, and Virdell to announce ahead of time that they are going to transfer suppressors in accordance with the judge’s injunction as soon as they can, but there’s no real legal risk in doing so. 

Time to push the envelope 😎 https://t.co/OCrEFiwSZQ

— Brandon Herrera (@TheAKGuy) August 12, 2026

I don’t know that this is really pushing the envelope, at least as far as the lawsuit goes. Unless Hendrix extends his stay before then, his ruling takes effect at 12:01 on August 13, and the parties will simply be abiding by the terms of the judge’s injunction. Whether the White House and Blanche appreciate a Republican candidate for Congress turning up the heat on the DOJ is another story. 

Let’s go! Don’t mess this up @TheJusticeDept @ATFHQ https://t.co/3bn2WioJAo

— Aidan Johnston (@RealGunLobbyist) August 12, 2026

Tomorrow could end up being a historic day for Second Amendment advocates, or it could just be business as usual. The call ultimately rests with Atty. Gen. Todd Blanche, and we don’t have long to wait before we learn what he’s decided.

Editor’s Note: Second Amendment advocates are doing everything they can to strengthen our Second Amendment rights and right to self-defense.

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