08/17/2026
We have been getting a lot of questions in regards to the "over the counter suppressor sales". Here is what we found after researching the topic.
Please keep in mind that NY state is still a heavily restricted/prohibited state for suppressors and NFA items to civilians. There are however, exemptions for law enforcement/peace officers.
No, not all silencers can be sold skipping the Form 4 wait. Following the ruling in Silencer Shop Foundation v. ATF, the elimination of the Form 4 process applies only to specific participating plaintiffs/dealers (such as the Silencer Shop) and is restricted to the 27 states that do not have independent state-level NFA registration requirements. Key Limitations and Exceptions State-Level Laws: In 15 states with their own NFA-tied regulations, traditional Form 4 paperwork and state compliance processes still apply. Party and Inventory Scope: The injunction is not universally nationwide for all commercial entities; it primarily covers specific inventories and transactions tied to the Silencer Shop network and participating dealers. Standard Background Check Still Required: Bypassing Form 4 does not mean zero paperwork; buyers must still complete an ATF Form 4473 and pass a standard background check. Other NFA Items Differ: Separate restrictions under federal law still govern items like short-barreled ri**es or sh****ns.
No, active law enforcement officers in New York cannot use the recent federal court ruling to bypass the Form 4 wait time for personal purchases. While the historic ruling in Silencer Shop Foundation v. ATF completely bars the ATF from enforcing Form 4 registration in 27 eligible states, New York is strictly excluded from this federal bypass. The Conflict Between State and Federal LawNew York State Ban Overrides Federal Rules: Under New York Penal Law § 265.02, the possession of a fi***rm silencer is a Class D felony. Because New York enforces an independent, blanket state-level ban on suppressors for civilians, the federal ruling allowing same-day sales does not apply within the state. Active LEO Exemption is a State Law Patch: Under New York law (NYS PL § 265.20(a)(1)), qualified active law enforcement officers are granted an exemption from the state's criminal possession laws, allowing them to possess a silencer. Federal Paperwork Still Dictates the Process: Because the state-level ban exists, New York is considered a "restricted state" under the new federal injunction. To legally execute a transfer to an individual officer under their state LEO exemption, dealers must still process the transaction through the traditional federal route- ATF FORM 4.