08/13/2026
Ok, so on the recent NFA ruling out of Texas...
Yes, it's a huge win for the 2A community. Yes, it was decided the NFA registration for silencers is unconstitutional. Yes, some plaintiffs in the case are starting to transfer silencers outside of traditional NFA processing (form 4). No, we are not in a position to do that at this time. Texas does not have restrictions on silencers beyond 'title 1' (regular fi****ms) regulations. Essentially, you could do a 4473, pay, and walk out with your can - as far Texas was concerned. The federal regulations are what required the form 4, so everything defaulted to that process. With the recent decision, the NFA/form 4 has been ruled unconstitutional. That means there are no speed bumps for 4473 & cash & carry in Texas (or other states that don't have their own restrictions). Ohio is not one of those states. Ohio considers silencers as 'dangerous ordnance', and possession requires an ATF form 4. So there has been two sets of regulations that were both traditionally solved by a form 4 in Ohio. The federal regulations were just ruled unconstitutional. But the Ohio regulations on the books still require that form 4. Ohio Senate Bill 214 was recently introduced to remove silencers from the 'dangerous ordnance' classification, and is currently sitting in the House Public Safety Committee for consideration.
Two things need to happen pretty quickly. 1: Ohio Reps need to get Senate Bill 214 passed, and remove the dangerous ordnance classification on silencers. 2: ATF needs to issue clear industry guidance to FFL's on how to properly transfer and record-keep for silencer transfers. IE: Acknowledge silencers are now a title 1 firearm, and tell us we can transfer them on a 4473 without NFA involvement and approval. Yes, I understand the Texas decision was clear on constitutionality. But FFL's are bound to follow the black and white ink in the regulations, and those regs need updated to reflect the recent decision. Keep in mind - ATF regs also state FFL's must follow federal AND state law. So both sides need to clear up the issues I previously mentioned.