WASHINGTON — U.S. Rep. Andrew Clyde and seven other Republican members of Georgia’s congressional delegation are asking Georgia Attorney General Chris Carr to clarify how state firearms law applies following a recent federal court ruling that restricted enforcement of portions of the National Firearms Act.
Clyde, who represents Georgia’s 9th Congressional District, announced Wednesday that the lawmakers sent Carr a letter seeking a legal opinion on a provision of Georgia law governing silencers, short-barreled rifles, short-barreled shotguns and other weapons regulated under the NFA.
The request follows an Aug. 5 ruling by U.S. District Judge James Wesley Hendrix in the Northern District of Texas in Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives, consolidated with Jensen v. ATF.
Hendrix ruled that Congress’ taxing authority could not support certain federal registration and regulatory requirements after Congress reduced federal making and transfer taxes on several categories of NFA-regulated firearms to zero.
The court issued a permanent injunction preventing federal authorities from enforcing the challenged provisions against the plaintiffs and, where applicable, their members and customers. The ruling did not extend the injunction to all firearms owners nationwide, and the court did not decide the plaintiffs’ separate Second Amendment claim.
Clyde and the other lawmakers argue the decision creates uncertainty under Georgia law.
Georgia generally prohibits possession of certain weapons, including silencers and short-barreled firearms, but state law provides an exemption for people authorized to possess them because the weapons have been registered in accordance with the National Firearms Act.
In their letter to Carr, the lawmakers said that language could create a conflict for Georgians covered by the federal injunction because federal registration may no longer be required of them. At the same time, Georgia’s exemption remains tied to NFA registration.
“Now that NFA registration is no longer required and, under the court’s ruling, may no longer lawfully be demanded of Georgians covered by the injunction, this provision no longer maps cleanly onto federal law,” the lawmakers wrote.
They asked Carr to issue guidance explaining how Georgia’s exemption should be interpreted following the federal ruling.
Georgia lawmakers considered changing state restrictions on silencers during the 2026 legislative session. Senate Bill 499, which would repeal the state prohibition on possessing a silencer, passed the Senate and was favorably reported by a House committee but did not receive final passage. A similar measure, House Bill 1324, failed in the House in March.
The federal case followed congressional action reducing the NFA’s $200 making and transfer taxes to zero for several categories of firearms. The Texas court concluded that because the challenged federal regulations had been justified as supporting collection of those taxes, their continued enforcement against untaxed firearms exceeded Congress’ enumerated powers.
Joining Clyde in the letter were U.S. Reps. Rick Allen, Buddy Carter, Mike Collins, Clay Fuller, Brian Jack, Barry Loudermilk and Rich McCormick, all Republicans.
Carr’s office had joined Georgia as a plaintiff in the federal litigation.
The lawmakers asked Carr to guide gun owners and purchasers while the state and federal requirements are reconciled.
