As Texas attorney general, Ken Paxton led a multistate lawsuit in May 2024 against a federal rule that would have required more people who sell guns for profit to get a license and run background checks, and he won an injunction that kept it from being enforced in Texas and the other suing states. In April 2026 he said he fully backed the Trump administration's decision to drop its appeal.
In September 2026 Paxton joined 20 other attorneys general in asking Congress to repeal the federal registration rules for silencers and short-barreled rifles and shotguns, after a federal judge in Texas ruled that the One Big Beautiful Bill Act's $0 tax on those weapons had removed the constitutional basis for the rules. Paxton had praised that law in July 2025.
Ken Paxton's Lawsuits and Letters on Gun Background Checks and Registration
- Paxton Led the Lawsuit That Stopped Expanded Background Checks on Private Gun Sales. In May 2024, Ken Paxton led a multistate coalition to sue the ATF over its rule defining when a person who buys and resells guns for profit is "engaged in the business" of dealing firearms and must be licensed, and he obtained an injunction that prevents enforcement in all states party to the lawsuit. On April 24, 2026, after the Trump administration moved to dismiss its appeal, Paxton said, "I fully support the Trump Administration's decision to abandon this appeal." ATF estimated that 23,006 or 85,954 currently unlicensed sellers might be engaged in the business under the rule and would obtain licenses, and that as more sellers became licensed, "those licensees will conduct more background checks to prevent prohibited persons" from buying guns. The Trace reports that Trump also scrapped the rule, which judges had already paused, while surveys find support for background checks generally ranges from 79% to 92%.
- Paxton Asked Congress in September 2026 to Repeal Registration of Silencers and Short-Barreled Guns. On September 4, 2026, Ken Paxton was one of 21 attorneys general who wrote to congressional leaders about the National Firearms Act's registration rules for silencers and short-barreled rifles and shotguns: "We urge Congress to consider repealing those sections, so that they cannot be enforced against anyone." On August 5, 2026, a federal judge in Texas ruled that cutting the tax on those items to $0 eliminated the constitutional basis for the NFA's regulation of those firearms, and the Justice Department opted not to appeal the judge's decision. On October 9, 2026, ATF announced it will also no longer require such items to be registered in the National Firearms Registration and Transfer record. That registry helps federal ATF agents trace the chain of firearm ownership, CBS News reports.
- Paxton Praised the Law That Cut the Tax on Silencers and Short-Barreled Guns to $0. Ken Paxton posted on July 1, 2025 that the Senate-passed bill was "One step closer to massive tax cuts," and on July 3, 2025 that "President Trump's Big Beautiful Bill is HISTORIC legislation." Section 70436 of the law sets the National Firearms Act tax to $0 for any firearm transferred other than machine guns and destructive devices, starting with calendar quarters beginning more than 90 days after the law's enactment. Everytown estimates the change will mean "an estimated $1.7 billion loss in tax revenue over the next decade," and says silencers make it difficult for bystanders to recognize that a gun has been fired. When Congress eliminated the tax itself in the One Big Beautiful Bill, Idaho argued the registration requirements could not stand alone, the argument the Texas court accepted in August 2026.
What Ken Paxton's Gun Record Means for Texas
- Gun deaths. In 2024, 4,389 Texans died from firearms, a rate of 13.9 per 100,000 people, according to CDC data compiled by KFF.
- Private gun sales. Texas was one of the states where Paxton's injunction prevents enforcement of the private-sale rule, which ATF wrote to increase compliance with the federal background check requirement for gun sales.
- Registration. ATF no longer requires registration of silencers and short-barreled rifles and shotguns unless the buyer lives in one of about 15 states with laws requiring the federal permitting process, while registration still applies to machine guns and destructive devices, the AP reports.
Frequently Asked Questions About Ken Paxton on Guns
What is Ken Paxton's record on guns under Trump?
Ken Paxton led the 2024 lawsuit that stopped an ATF rule requiring more for-profit gun sellers to be licensed and run background checks, and he praised the Trump administration's April 2026 decision to drop its appeal. In September 2026 he asked Congress to repeal federal registration of silencers and short-barreled guns, after a federal court in Texas ruled that the tax cut in the One Big Beautiful Bill Act, which he praised, removed the constitutional basis for that registration. The Justice Department then stopped requiring registration nationwide.
Does Ken Paxton oppose background checks on private gun sales?
Ken Paxton sued to stop the 2024 ATF rule that would have required people who repeatedly buy and resell guns for profit to get a dealer's license, which carries a duty to run background checks, and he called the rule "a blatant attempt to violate our Constitution." ATF said the rule's purpose was to increase compliance with the federal background check requirement for gun sales.
Did Ken Paxton support ending silencer registration?
Yes. Ken Paxton signed the September 4, 2026 letter of 21 attorneys general urging Congress to repeal the National Firearms Act sections that require registration of silencers and short-barreled rifles and shotguns, so that they cannot be enforced against anyone. The letter cites the One Big Beautiful Bill Act's tax change as the reason the rules lost their basis.
Last updated: 2026-10-25