The 7-day stay of Judge Hendrix’s final judgment expired on August 12, 2026
The permanent injunction against enforcement of the challenged NFA registration/application provisions (as applied to the now-untaxed items—suppressors, short-barreled rifles, short-barreled shotguns, and certain AOWs) against the covered plaintiffs, their members/customers (current and future), and the plaintiff states is no longer stayed by the district court.
How Much Longer The DOJ Has To Fight It
Under Federal Rule of Appellate Procedure 4(a)(1)(B), because the United States (and its agencies/officers) is a party, the government generally has 60 days from entry of the judgment (August 5, 2026) to file a notice of appeal. That puts the ordinary deadline around early October 2026 (roughly October 4–5, depending on exact counting rules).
• An appeal does not automatically stay the injunction. The DOJ would need to move for a stay pending appeal (first typically in the district court under FRAP 8, or directly in the Fifth Circuit). As of reports from August 12, no such appellate stay or notice of appeal had been publicly confirmed in the immediate aftermath of the district court’s stay expiring.
• Even if a stay is granted pending appeal, the appeal process itself (briefing, possible oral argument, panel decision) typically takes many months. A further petition for rehearing or certiorari to the Supreme Court could extend the timeline substantially longer.
Means Available To The DOJ
1. Appeal to the U.S. Court of Appeals for the Fifth Circuit — This is the primary and expected next step. The Fifth Circuit has a relatively favorable track record on Second Amendment and related gun cases in recent years. The government can simultaneously seek a stay of the injunction while the appeal is pending.
2. Seek a stay pending appeal — Without a stay, the injunction takes effect for the covered parties (it is party-specific, not a universal/nationwide injunction, consistent with recent Supreme Court limits on universal injunctions). Coverage is limited to the named plaintiffs, organizational members (current/future), customers of commercial plaintiffs, and the 15 plaintiff states (including Indiana, Texas, etc.).
3. Further review — If the Fifth Circuit affirms, the DOJ could petition for rehearing en banc or seek Supreme Court review via certiorari. Parallel NFA challenges (e.g., in Missouri) could also create opportunities for circuit splits that increase the chance of high-court involvement.
4. Policy/administrative options — Separate from litigation, the administration could choose not to appeal (as some lawmakers have urged), decline to defend the provisions, or pursue rulemaking/guidance to broaden non-enforcement. Congress could also act legislatively. Internal DOJ debate on whether to appeal has been reported.
Key limitations of the ruling: It rests on the loss of the taxing-power foundation after Congress zeroed the making/transfer taxes (via the 2025 legislation effective January 1, 2026). The court did not reach the Second Amendment claims (dismissed without prejudice as abandoned). Machine guns and destructive devices (which retained the $200 tax) are unaffected. State laws, Gun Control Act provisions, and other federal restrictions remain in place. The injunction is not nationwide.
As of the evening of August 12, 2026, the practical effect for covered parties depends on whether the DOJ has sought (and obtained) any further stay. Developments can move quickly; check official dockets (Northern District of Texas No. 6:25-cv-00056 and any Fifth Circuit appeal) or primary sources for the latest filings.
Our Recommendation Today
Based on the information published above we recommend waiting for further guidance and direction from the governing bodies and without activity listed in the “Means Available To The DOJ” section above until November 1, 2026. As always we are not attorneys and do not give legal advice. Continue watching the news and check back here often for updates as they become available.