Well how does this stand today? A coworker and I were talking yesterday that they’d probably file at 11:59 last night
The ATF did not appeal the judge's ruling. The plaintiff's in the case can move forward with sales without NFA strings attached to suppressors and I am not sure that SBRs and SBSs are included. I foresee LOTS of confusion and mistakes in the early days of this new found freedom. Until it includes ALL manufacturers in EVERY retail outlet, it will roll along with a bit of madness. It's a huge win for the 2nd Amendment with more/favorable rulings to come.
Get the F out of the BATFE. The F is guaranteed by the US Constitution. Those other letters are not.
I'm amazed they didnt file an appeal. Maybe they figured if they give on this one folks will stop trying to go after their other anti-freedom rules.
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WTF Is Going On with NFA – A Must Read Written by Phil Milks
August 13, 2026
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NFA - Blog Post 08.13.26-3 The Silencer Shop v. ATF decision is certainly an historic decision. However, we urge everyone not to believe everything they read on the internet. Simply stated, most posts by individuals in social media saying the NFA is dead and today everything may be transferred without regard to NFA Forms are wrong. Per the opinion itself, the District Court decision is only applicable to the plaintiffs in the case and their customers/members: “In sum, the plaintiffs are entitled to a permanent injunction—but only so far as it prohibits the defendants from enforcing the challenged NFA provisions against the plaintiffs and, where applicable, their agencies, political subdivisions, members, and customers—both current and future.” (emphasis added) Further, while the Silencer Shop case plaintiffs were granted an injunction as to silencers, SBRs, SBSs, and AOWs, the Jensen case plaintiffs were not granted relief with respect to AOWs.
Why didn’t the court completely enjoin the ATF from enforcing any NFA provisions against everyone nationwide? Unfortunately, a District Court cannot issue an injunction under these circumstances that has nationwide effect. (Ref., Trump v. Casa) Given the narrow scope of the injunction, this means that even if the Ruling is not stayed there will be NFA firearms on the shelves of gun stores that are no longer NFA-regulated (e.g., plaintiff company silencers) sitting next to NFA firearms that are NFA-regulated (e.g., silencers made by non-plaintiff companies). Further, two consumers could walk in the same store and one be entitled to a silencer without NFA registration (e.g., a Gun Owners of America member) and the other individual has to abide by the NFA registration. This will undoubtedly lead to confusion nationwide at the gun counter.
We reached out to multiple government authorities and, as to be expected, radio silence. Nothing has been announced publicly by the ATF or the DOJ about how to address the situation. Look at a practical example. A manufacturer created a silencer 2 weeks ago. It was serialized and registered on a Form 2. They filed a Form 3 to transfer it to a wholesaler which removed it from the manufacturer’s NFRTR to the wholesaler. The wholesaler filed a Form 3 to transfer it to a dealer and that silencer now appears on the dealer’s NFRTR. Let’s say a consumer covered by the ruling walks into the gun store to buy the silencer. Assuming the dealer is comfortable enough to transfer the silencer without a Form 4, there is no mechanism in place to remove that silencer from the dealer’s NFRTR. When an IOI shows up next week for an inspection they expect that silencer to be on the dealer’s shelves because of the NFRTR listing.
That is only one example of one silencer at one dealer. Expand that to all silencers, SBRs, SBSs, AOWs nationwide and you can see the magnitude of the issue that has not been addressed in the week since the Ruling. We have been told (not by ATF itself so this may be hearsay but it is from a source close enough to bear mention) that ATF is working on a solution for that but we have not been told if there is a timeframe expected for that. Hopefully it is today or very soon.
By now you are likely asking “who exactly does this ruling affect?” As stated, the ruling is applicable to the plaintiffs and their agencies, political subdivisions, members, and customers—both current and future. Who are the plaintiffs? There are actually two cases involved in this litigation that were consolidated and we will list both groups of plaintiffs.
Silencer Shop plaintiffs: SILENCER SHOP FOUNDATION; GUN OWNERS OF AMERICA, INC; FIREARMS REGULATORY ACCOUNTABILITY COALITION; B&T USA, LLC; PALMETTO STATE ARMORY, LLC; SILENCERCO WEAPONS RESEARCH, LLC (d/b/a SILENCERCO); GUN OWNERS FOUNDATION; and BRADY WETZ.
Jensen plaintiffs (N/A to AOW impact): JOHN JENSEN; JEREMY NEUSCH; DAVID LYNN SMITH; HOT SHOTS CUSTOM LLC; TEXAS STATE RIFLE ASSOCIATION; FPC ACTION FOUNDATION; and CITIZENS COMMITTEE FOR THE RIGHT TO KEEP AND BEAR ARMS.
It is important to note that citizens of the plaintiff states are not “agencies, political subdivisions, members, [or] customers”. It would also normally go without saying but we feel it necessary given the discourse online, this ruling on Federal law has no impact on State prohibitions. If silencers, SBRs, SBSs, AOWs were prohibited in your state last week, they still are. If your State law required NFA paperwork last week, it still does.
Will ATF/DOJ announce they will simply not enforce NFA as to these weapons nationwide? Will several other cases be filed nationwide by different plaintiffs in search of the same relief to broaden the impact? When do we get to machine guns and destructive devices?
Stay tuned as there is a lot more to come on this ruling and the future impact it will have on all FFLs nationwide.
So why are they even doing a 4473? Why is it not treated like any other random accessory?
Because it's still defined as a serial numbered firearm rather than an accessory. That definition did not change and I'm not sure if it was asked to be changed in the lawsuit.
Get the F out of the BATFE. The F is guaranteed by the US Constitution. Those other letters are not.
So why are they even doing a 4473? Why is it not treated like any other random accessory?
Because the atf can't keep them registered without it.
4473s aren’t really a registry like the ATF Form 1s and 4s were. Yes the atf is notified that you’re buying something when the NICS background check is submitted but they do not directly receive info on what you’re buying
Aight, for you legal experts (or anyone that stayed in a Holiday Inn last night).............In light of this new development, can you now legally buy/sell a suppressor from/to a private individual without jumping through legal hoops?
You can buy/sell a regular firearm without even needing any paperwork, bill of sale, anything.............are suppressors the same now?
Well, the way I see it is there's just too many assholes On a good day there's a bunch of assholes in here. On a bad day there's too many assholes in here.
Somebody tell us if we can go to palmetto state and buy one? If so, I’m getting one or two today?
From what I’ve seen this morning it looks like PSA will transfer them over the counter with a 4473 out of their brick and mortar store only right now, online sales said to be phase 2 and coming soon
For those debating the particulars of the injunction, the atf wasn't really prosecuting SBR and suppressor stuff much anyway unless it was thrown in with other, more serious charges. After the court ruling, IMHO, do what you want as long as the ruling covered it. There's no way the feds are going to prosecute you unless you rob a bank with the dang thing. Build your SBRs and suppress them. Buy the items from SilencerCo and PSA and you are fully covered.
Well, the way I see it is there's just too many assholes On a good day there's a bunch of assholes in here. On a bad day there's too many assholes in here.
