Manifest Density

For 92 Years the Feds Taxed Your Silence. A Judge Just Ended It.

By Tammy-Jo Pritchett · August 14, 2026
Opinion

For 92 Years the Feds Taxed Your Silence. A Judge Just Ended It.

For 92 years, if you wanted to attach a tube to the end of your rifle to keep your neighbors from calling the cops every time you zeroed your scope, the federal government demanded $200, a set of fingerprints, a background check, and a wait that could stretch longer than most marriages last. Miss a step? Ten years in prison. A quarter-million-dollar fine. For a metal tube.

Last Thursday at midnight, two guys walked out of a gun shop in Leander, Texas, with silencers. No NFA registration. No $200 tax stamp. No months-long wait. No permission slip from a bureaucrat who thinks you’re too dumb to be trusted with a piece of threaded pipe. Brandon Herrera and Texas state Rep. Wes Virdell became the first Americans to legally buy suppressors without National Firearms Act paperwork since 1934. Nineteen thirty-four. That’s the year the NFA was born, and it’s been strangling your rights ever since.

Here’s how it happened. Congress passed the One Big Beautiful Bill and zeroed out the NFA transfer taxes on suppressors, short-barreled rifles, and short-barreled shotguns. The tax went to zero. Now, I’m no constitutional scholar, but even I can tell you there’s no such thing as a $0 tax. It raises no revenue. It funds nothing. It exists purely as a paperwork hurdle, and paperwork hurdles aren’t a power Congress gets to wield against your rights.

Texas state Rep. Wes Virdell, who walked out with a silencer alongside Brandon Herrera.Gage Skidmore (CC BY-SA 3.0) via Wikimedia Commons
Texas state Rep. Wes Virdell, who walked out with a silencer alongside Brandon Herrera.

Gun Owners of America sued the same day Trump signed the law. Fifteen states piled on. And on August 5, U.S. District Judge James Wesley Hendrix, a Trump appointee with apparently functioning eyes, ruled that once Congress killed the tax, the registration scheme built to collect it lost its constitutional legs. He permanently blocked federal officials from enforcing those requirements against the plaintiffs.

Rep. Andrew Clyde, who was there at the midnight transfer and helped write the legislation, called it “the greatest Second Amendment win in the history of our country.” He also says the Trump administration confirmed the Justice Department won’t appeal. Pam Bondi’s DOJ, to its credit, appears to be reading the room.

Let me pause and ask a question I’d love to put to whoever ran this racket for nine decades. What exactly were you protecting? Suppressors don’t make guns silent like the movies. They drop the decibel level from “permanently damage your hearing” to “still really loud but maybe your eardrums survive.” That’s it. They’re safety equipment. Hearing protection. The kind of thing Europe doesn’t even regulate. But here, we treated them like shoulder-fired missiles because some bureaucrat in 1934 decided a $200 tax stamp would keep the gangsters away. The gangsters didn’t pay the tax. They never do. The only people who paid it were you.

The Trace, a news outlet that exists to wring its hands