A massive coalition of states and gun rights groups has asked a Texas federal judge to consider new evidence regarding how the government handles firearm registrations.
On Monday, February 9, 2026, legal counsel for several firearm manufacturers and 14 states filed a motion to update the court on recent permit denials they claim are “significant” to their ongoing case against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The lawsuit, currently sitting in the San Angelo Division of the Northern District of Texas, challenges the federal government’s oversight of the National Firearms Act (NFA). The plaintiffs, which include states like Texas, Alaska, and West Virginia alongside groups such as Gun Owners of America, argue that the ATF is overstepping its legal authority.
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The latest filing centers on two “Form 1” applications. These are the standard government forms used by individuals who wish to legally manufacture their own firearms or accessories, such as suppressors or short-barreled rifles. According to the court documents, the ATF “disapproved” two of these applications submitted by a member of the Gun Owners of America on January 28, 2026.
Lawyers for the states and advocacy groups argue these denials prove that the current system is not a “shall-issue” process. In legal terms, “shall-issue” means the government must grant a permit if the applicant meets all objective criteria. The plaintiffs contend the ATF is instead treating the process as discretionary, effectively deciding that the intent to exercise Second Amendment rights is not a valid reason to acquire these items.
The Department of Justice and the ATF have previously defended their regulatory processes as necessary for public safety and consistent with federal law. While the government has not yet filed a formal response to this specific motion, a representative for the defendants noted they plan to respond in the coming days.
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The case, Silencer Shop Foundation v. ATF, has drawn national attention because of the sheer number of state attorneys general involved. The outcome could impact how the federal government processes applications for specialized firearms across the country.
Judge James Wesley Hendrix, who is presiding over the case, will now decide whether to allow this new evidence to be factored into the final ruling on the parties’ motions for summary judgment.
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