NFA Lawsuit Win – Suppressor Reform
THE INJUNCTION IS IN EFFECT
A major victory for suppressor owners. A new purchase option for qualifying SilencerCo customers.
So What Changed?
For Qualifying SilencerCo purchases in 27 states, customers now have two potential paths:
FORM 4
Traditional NFA process, still available.
- Fingerprints
- Passport photo
- CLEO notification
- Background check
- $0 tax stamp
- ATF approval / wait time
FORM 4473
A new option, no Form 4 required.
- No Form 4
- No Fingerprints
- No passport Photos
- No CLEO notification
- NICS background check
- Take possession after a satisfactory NICS result and dealer authorization
Applicable States
The Form 4473 process is currently available in these 27 states:
– Alabama
– Arizona
– Arkansas
– Florida
– Idaho
– Indiana
– Iowa
– Kansas
– Kentucky
– Louisiana
– Maine
– Maryland
– Minnesota
– Missouri
– Nebraska
– New Hampshire
– New Mexico
– Oklahoma
– South Carolina
– South Dakota
– Tennessee
– Texas
– Utah
– Vermont
– Virginia
– West Virginia
– Wyoming
• SilencerCo helped secure a major legal victory in a lawsuit challenging portions of the National Firearms Act (NFA).
• The court ruled on Aug 5th that the challenged NFA requirements exceed Congress’s constitutional authority as applied to untaxed firearms. The seven-day stay of the injunction expired as of August 13th.
• As a result, the government is blocked from enforcing the NFA provisions. The injunction is in effect! The defendants still have approximately two months from Aug 5th to appeal the decision.
BUYING WITH A FORM 4473
- Choose a new SilencerCo suppressor
Visit a participating SilencerCo dealer in an applicable state. - Complete Form 4473
Just like a traditional firearm purchase. - Complete the applicable background check process
Your dealer handles the transaction and required paperwork. - Receive authorization to proceed
As with other firearm purchases, a NICS result can sometimes be delayed - Take your suppressor home
No form 4, fingerprints, passport photos or CLEO notification for the qualifying transaction.
FORM 4 ISN’T GOING AWAY
You can still choose the traditional Form 4 process.
A Form 4 may make sense if:
- You want to use a trust.
- You expect to travel or hunt outside your state with the suppressor.
- Your dealer isn’t participating in Form 4473 transfers.
- You prefer the established NFA registration process while questions surrounding the injunction continue to develop.
PLANNING TO TRAVEL?
There are still unresolved questions regarding interstate transportation of suppressors purchased using the Form 4473 process.
Until those questions are resolved, SilencerCo strongly encourages customers wno purchase using Form 4473 to keep the suppressor in the state of purchase.
If you regularly hunt, compete or travel out of state, consider using the traditional Form 4 process.
THE FIGHT ISN'T OVER
This injunction is a major step forward. It isn’t the end. SilencerCo will continue fighting for simpler, more common-sense suppressor ownership and keeping customers and dealers informed as this develops.
IT REALLY DOES MATTER WHERE IT’S MADE
EXPLANATION OF THE LAWSUIT
The History:
- Enacted in 1934, the National Firearms Act established a federal taxation and registration system for silencers and certain other regulated firearms.
- The NFA’s registration, application and approval requirements were historically supported under Congress’s constitutional authority to collect taxes.
- In 2025, Congress reduced the federal making and transfer taxes on silencers, short-barreled rifles, short-barreled shotguns and AOWs to zero. The tax change took effect January 1, 2026.
- Although the applicable taxes were reduced to zero, the related registration and ATF approval requirements remained in place.
SilencerCo’s involvement:
- SilencerCo Weapons Research, LLC joined Silencer Shop Foundation, the Firearms Regulatory Accountability Coalition (FRAC), and others in a lawsuit to challenge whether the federal government could continue enforcing those requirements under Congress’s taxing power when no associated taxes were being collected.
- This was a coordinated effort involving multiple businesses, advocacy organizations, individual plaintiff and 15 states.
WHAT DID THE COURT DECIDE?
The court entered final judgment in favor of the plaintiffs on their Article I enumerated-powers claims.
The court permanently blocked the ATF, Department of Justice and relevant federal officials from enforcing the challenged NFA provisions against the plaintiffs and, where applicable, their members and customers, including both current and future customers.
The decision applies to challenged provisions involving Silencers, among other NFA-regulated items.
The court did not issue a universal nationwide injunction. The relief is limited to the plaintiffs, their customers, and other covered parties identified in the court’s Final Judgment.
The court resolved the case under Article I of the Constitution, and therefore opted not to consider whether the challenged requirements violate the Second Amendment.
THE CHANGE IS NOW IN EFFECT!
The federal government declined to seek an extension of the seven-day stay. The stay has now expired, and the injunction is in effect. The government still has approximately 2 months to appeal the ruling.
This creates a pathway for qualifying SilencerCo suppressor transactions in most states to be completed without the traditional Form 4 registration and preapproval process. However, the injunction does not create a universal exemption from the NFA.”
Dealers remain responsible for complying with all applicable federal, state and local laws. Below we describe our understanding of what this means:
- Qualifying transactions will still be subject to applicable federal firearm requirements, including the standard Form 4473 and background-check process.
- The injunction is not universal and does not apply to every suppressor, manufacturer, dealer, customer or transaction.
- State and local laws governing suppressor purchases, possession and use remain in effect.
- SilencerCo will continue to use Form 2 and Form 3 to ensure that dealers and customers can still utilize the Form 4 process where required or, if not required, where desired.
- In states where state law allows, Dealers may, if they choose, sell and transfer SilencerCo suppressors purchased directly from SilencerCo, or from an authorized distributor, to customers using the standard Form 4473 and applicable background check process rather than the Form 4 process. In filling out Form 4473 for suppressors, dealers should check “Other Firearm” in the appropriate Box.
- SilencerCo expects the ATF to continue to process Form 4s, including Form 4s already submitted and Form 4s submitted going forward, regardless of whether the Form 4 is required or not.
For 18 years, SilencerCo has fought shoulder to shoulder with our customers to make silencer ownership simpler, easier, and more common sense. We’ve challenged bad policy, taken on unnecessary regulation, and most recently helped secure a major legal victory against the ATF and DOJ.
But this fight was never just about business. It’s about individual liberty. It’s about protecting the sport and lifestyle we love. And it’s about making sure the next generation has the same opportunities we’ve had, and hopefully even more.
Silencers are easier to own today than they’ve ever been. The $200 tax is gone. Wait times are low. And we are closer than ever to removing regulations that never made sense in the first place. We’re not stopping now. Watch to see why we keep showing up, year after year, and why we’re finishing this thing together.
FREQUENTLY ASKED QUESTIONS
Q: CAN I BUY A SILENCER WITHOUT A FORM 4 TODAY?
A: It depends. In states where state law allows, Dealers may, if they choose, sell and transfer SilencerCo suppressors purchased directly from SilencerCo, or from an authorized distributor, to customers using the standard Form 4473 and applicable background check process rather than the Form 4 process.
Q: I ALREADY SUBMITTED A FORM 4. WHAT SHOULD I DO?
A: Continue following the existing process. Do not assume your pending application has been approved, canceled or made unnecessary.
Q: DOES THE RULING APPLY TO EVERY SILENCER PURCHASER?
A: No. The court did not issue a universal injunction. The relief applies to the plaintiffs and, where applicable, their members and current and future customers. Customer protection is also tied to qualifying transactions involving the commercial plaintiffs or applicable commercial members.
Q: AM I EXEMPT BECAUSE I ALREADY OWN A SILENCERCO PRODUCT?
A: Do not assume that you are exempt. The court tied customer protection to qualifying transactions. It did not automatically exempt every NFA item a customer owns, transfers or possesses. You will still need to fill out a Form 4 (or form 4473 where applicable) in order to receive a suppressor.
Q: WILL FORM 4S AND WAIT TIMES GO AWAY?
A: That has not been determined. The decision could eventually affect federal paperwork, approvals and wait times for qualifying transactions, but the existing process remains in place today.
Q: CAN THE FEDERAL GOVERNMENT APPEAL?
A: The federal defendants may seek appellate relief. An appeal or another legal action could affect when or whether the judgment is permanently implemented.
Q: DOES THE RULING OVERRIDE STATE LAW?
A: No. Consumers must continue following all state and local laws governing the purchase, possession and use of silencers and other regulated firearms.
Q: WHERE CAN I FIND VERIFIED UPDATES?
- Follow SilencerCo’s official website, email communications and social media channels. Be cautious of posts claiming that silencers are immediately available without the current ATF process.
