Just after midnight Thursday morning, two men walked into Silencer Shop in Leander, Texas, and completed a transaction that Gun Owners of America says has not lawfully occurred in the United States in 92 years.
At exactly 12:01 a.m. Central Time on Aug. 13, GOA members Brandon Herrera and Wes Virdell acquired suppressors without filing the National Firearms Act's Form 4 or complying with other NFA provisions covered by a federal court injunction.
The transaction was recorded on video, with GOA Senior Vice President Erich Pratt and Republican Rep. Andrew Clyde of Georgia present for the occasion.
“This marks the first time since the NFA was enacted on June 26, 1934, that Americans can lawfully acquire suppressors without complying with the federal registration scheme,” GOA said in a statement.
The unusual midnight transaction followed a significant development in the legal fight over the National Firearms Act, the federal law that has regulated suppressors and certain firearms for decades.
🚨BREAKING🚨
It is 12:01 am on August 13th, 2026. @TheAKGuy & @WesVirdellTX are purchasing the first unregistered suppressors from @SilencerShop.
These GOA members will not be filing a Form 4 or complying with the other enjoined provisions of the National Firearms Act.🔥 https://t.co/gtVefNcxxy pic.twitter.com/mmuXEotv7z
— Gun Owners of America (@GunOwners) August 13, 2026
The dispute stems from Congress eliminating the transfer tax that historically accompanied NFA regulation of suppressors, short-barreled rifles and short-barreled shotguns.
On Aug. 5, a federal judge in Texas ruled that the federal government had exceeded its constitutional taxing authority in continuing to enforce key portions of the NFA after the underlying tax had been eliminated. The resulting injunction blocked enforcement of certain registration and recordkeeping provisions against the parties covered by the court's order.
The Department of Justice then faced a deadline to appeal.
According to Clyde, DOJ did not intend to challenge the injunction before that deadline expired. With no appeal stopping the order from taking effect, GOA prepared to put the ruling into practice immediately.
“We notified ATF and DOJ that we intended to conduct the first unregistered suppressor transfer in 92 years,” the organization said.
The case carries a particularly notable connection to the gun-rights movement through Stephen Willeford, who is involved in the legal fight as a GOA spokesman. Willeford is known for confronting the gunman responsible for the 2017 mass shooting at First Baptist Church in Sutherland Springs, Texas. GOA is a named plaintiff in the case.
But anyone hoping Thursday's transaction means the NFA's suppressor requirements have disappeared nationwide should pay close attention to the limits of the injunction.
The court's protection applies to “the plaintiffs and, where applicable, the plaintiffs’ agencies, political subdivisions, members, and customers—both current and future.”
That language is crucial.
The ruling does not appear to give every American a blanket exemption from the NFA provisions at issue. Instead, its protection is tied to the plaintiffs and other people or entities falling within the categories specifically covered by the injunction.
In other words, Herrera and Virdell's midnight purchases should not be interpreted as permission for every suppressor buyer or dealer in the country to immediately disregard federal registration requirements.
🚨 BREAKING: 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!
— Rep. Andrew Clyde (@Rep_Clyde) August 13, 2026
What happened in Leander was nevertheless something that would have been unthinkable under the NFA's traditional operation.
Since its enactment in 1934, the National Firearms Act has used Congress' taxing power as the foundation for regulating items covered by the statute. The Texas litigation attacks the continued enforcement of registration requirements after Congress removed the tax on the affected items.
The federal judge accepted that argument sufficiently to issue the injunction, and DOJ's decision not to appeal before the deadline allowed that order to take effect.
GOA wasted practically no time testing what that meant outside the courtroom.
At midnight, Herrera and Virdell were waiting. One minute later, suppressors changed hands without Form 4 registration under the provisions covered by the injunction.