08/08/2026
What's up with suppressors?
A major new federal ruling on August 5, 2026 potentially changes the federal treatment of suppressors quite dramatically. But it does not mean that everyone can immediately buy or make an unregistered suppressor. The order is currently stayed for seven days (August 12), and its injunction is limited to the plaintiffs and certain people/entities connected to them. (See below.)
There are 16 states whose suppressor statutes expressly depend, in one form or another, on federal/NFA registration, licensing, authorization, or compliance.
Montana Code §45-8-337 currently says:
“Possession of a silencer that is not registered under federal law … is prima facie evidence of a purpose to use the same to commit an offense.”
That's the current Montana statute—not merely an old law.
Montana does not generally prohibit ordinary lawful suppressor ownership. Section 45-8-336 makes possession/manufacture/etc. criminal when someone intends to use the suppressor to commit an offense or knows another person intends to do so.
But §45-8-337 creates that presumption based upon lack of federal registration.
That creates a fascinating legal problem if the federal registration requirement itself ultimately disappears. The Montana Legislature may have to amend that language, or courts may eventually have to determine what “registered under federal law” means when federal law no longer provides or constitutionally permits the registration system.
So the situation right now is:
$200 suppressor tax $0
Form 4 required Yes, for now
ATF registration required Yes, for now
Buy suppressor over counter without NFA process No, not yet
Court has ruled registration scheme unconstitutional for untaxed NFA fi****ms Yes
Injunction presently operative No — stayed
Stay currently scheduled to expire Aug. 12
Further appellate stay possible Absolutely
Watch this very closely:
The wording protecting future members could make membership in Gun Owners of America (GOA), Gun Owners Foundation, Fi****ms Regulatory Accountability Coalition (FRAC), FPC Action Foundation, Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) extremely consequential if this injunction becomes effective.
https://www.silencershop.com/ Silencer Shop was part of the lawsuit and is being very proactive in regard to their past and future customers' rights under this ruling.
