08/17/2026
There has been a lot of confusion the last week in regards to NFA devises and the court ruling. So hopefully I can clear a few things up.
The case is Silencer Shop Foundation v. ATF, consolidated with Jensen v. ATF. On August 5, 2026, U.S. District Judge James Wesley Hendrix ruled that key NFA registration/approval provisions are unconstitutional as applied to fi****ms whose NFA making and transfer taxes Congress reduced to $0. The permanent injunction took effect August 13 after the initial seven-day stay expired.
The huge catch is that this is not a nationwide injunction for everybody. The actual judgment protects the plaintiffs and, where applicable, their members and current/future customers. The judge declined to give universal relief.
For practical purposes right now:
Suppressors: This is where the ruling has had the clearest immediate effect. Silencer Shop says qualifying suppressors sold through Silencer Shop/its covered dealer chain can be transferred in states where state law doesn't independently require NFA registration, without a Form 4, fingerprints, NFA registration, or the ATF approval wait. The ordinary federal fi****ms-sale requirements still apply.
SBRs/SBSs: They're among the untaxed NFA categories implicated by the decision, but don't assume you can simply build/buy an unregistered SBR or SBS now. Separate Gun Control Act provisions remain and create additional federal requirements that weren't wiped out by this injunction. NRA's legal summary published today specifically warns that the decision does not eliminate all federal restrictions on these fi****ms.
AOWs: Covered under portions of the Silencer Shop litigation, although the judgment expressly says the AOW portion does not extend to the Jensen plaintiffs.
Machine guns and destructive devices: Not covered. Their NFA taxes remain in place, so the reasoning behind this decision doesn't apply to them.
And there's another important wrinkle: state law still applies. A federal injunction doesn't override a state suppressor ban or a state statute that independently requires federal registration/approval. That's why Silencer Shop currently separates states into states where it believes the new non-NFA transfer process can be used, states where Form 4s are still needed because of state law, and states where suppressors remain prohibited.
As of today, August 17, 2026, DOJ has not filed an emergency appeal, so the injunction is currently in effect. DOJ still has time to file a normal appeal, though, so this situation isn't necessarily settled permanently.
What does this mean for us in the state of NC? As of right now Form 4's are still required under state law.
Send a message to learn more
