Daines, Clyde Lead Letter Urging DOJ to Protect Second Amendment Rights, Apply Ruling Nationwide

• August 11, 2026

WASHINGTON, D.C. - U.S. Senator Steve Daines (R-Mont.) and Representative Andrew Clyde (GA-09) today sent a letter to Attorney General Todd Blanche following a decision by the U.S. District Court for the Northern District of Texas that struck down the National Firearm Act's (NFA) registration requirements for suppressors, short-barreled shotguns (SBSs), and short-barreled rifles (SBRs). The letter urges the Department of Justice to accept the court's ruling and eliminate the remaining unconstitutional NFA requirements for all gun owners.

"The court's opinion tracks precisely the position this Congress articulated when we passed Section 70436 of the One Big Beautiful Bill Act.3 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. The court likewise rejected, correctly in our view, the Department's arguments that these requirements could be repurposed to support the special occupational tax or salvaged under the Necessary and Proper Clause or the Commerce Clause - powers Congress never invoked in 1934 and has never since invoked for these provisions.

… We ask the DOJ to decline any appeal of the court's decision; to immediately apply the court's ruling nationwide to all persons, regardless of whether they are formally covered by the court's injunction; and to promptly initiate rulemaking to rescind or amend the challenged NFA regulations as to untaxed firearms, so that this outcome is made permanent. Administering a split enforcement regime based on party status is neither workable nor a sound use of the Department's resources, and the DOJ should not wait for the rulemaking process to conclude before bringing its practice into conformity with the court's ruling," they wrote in the letter.

Read the full letter HERE.

Senators John Barrasso (R-Wyo.), John Cornyn (R-Tex.), Mike Crapo (R-Idaho), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), and Roger Marshall (R-Kan.) joined Daines and Clyde in sending the letter.

Representatives Brian Babin (TX-36), Sheri Biggs (SC-03), Andy Biggs (AZ-05), Lauren Boebert (CO-04), Josh Brecheen (OK-02), Eric Burlison (MO-07), Tim Burchett (TN-02), Kat Cammack (FL-03), Earl Carter (GA-11), Ben Cline (VA-06), Mike Collins (GA-10), Michael Cloud (TX-27), Warren Davidson (OH-08), Scott DesJarlais (TN-04), Eli Crane (AZ-01), Richard Hudson (NC-09), Clay Higgins (LA-03), Wesley Hunt (TX-38), Morgan Griffith (VA-09), Morgan Luttrell (TX-08), Mary Miller (IL-15), Riley Moore (WV-02), Ralph Norman (SC 05), Jimmy Patronis (FL-01), Scott Perry (PA-10), Derek Schmidt (KS-02), Keith Self (TX-03), Austin Scott (GA-08), Pete Sessions (TX-17), Victoria Spartz (IN-05), Claudia Tenney (NY-24), Derrick Van Orden (WI-03), Randy Weber (TX-14), and Bruce Westerman (AR-04) also joined in sending the letter.

Statement of Support:

"Gun Owners of America worked with Congress and President Trump to eliminate the National Firearms Act tax on suppressors and short barrels-teeing up our constitutional challenge. The court just confirmed what everyone already knew: $0 taxes are invalid and the NFA is unconstitutional! GOA is grateful to Representative Clyde, Senator Daines, and all the Congressmen and Senators who are urging the Department of Justice to restore the Second Amendment by codifying GOA's legal victory against the NFA into ATF regulations," said Aidan Johnston, Director of Federal Affairs, Gun Owners of America

Background:

Daines lauded the U.S. District Court for the Northern District of Texas ruling that struck down the National Firearm Act's registration requirements for suppressors, SBSs, and SBRs- read the release HERE.

Daines has been leading efforts to eliminate the NFA's $200 excise tax since 2024- read the release HERE. In December 2025 Daines led a letter with Representative Clyde to the U.S. Department of Justice urging them to end their defense of the NFA registration requirements in court- read it HERE.

Daines led the charge to include this provision in the Working Families Tax Cuts Act, which was signed into law by President Trump in July 2025. Following the bill's passage, Second Amendment groups sued the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), arguing that the federal government lost its constitutional justification for maintaining the NFA registration requirements for suppressors, SBRs, and SBSs after Congress passed Daines' provision zeroing out the $200 NFA excise tax on those items.

The court decision held that the NFA registration scheme for suppressors, SBSs, and SBRs is unconstitutional as applied to firearms Congress no longer taxes.

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