08/13/2026
From silencerco.com:
Latest: AUG. 5, 2026 — MAJOR VICTORY. A federal judge ruled that certain NFA registration requirements challenged in the case are unconstitutional. A major step forward for suppressor owners. AUG. 5, 2026 — WHAT HAPPENS NEXT. The court paused the injunction for seven days, giving the government time to seek a longer stay. We’re watching closely and will update this page as things develop. AUG. 5, 2026 — WHAT CHANGES TODAY? For now, the current suppressor purchase process remains in place. Keep buying, keep shooting—we’ll keep fighting. AUG. 6, 2026 — SILENCERCO IS IN THE FIGHT. SilencerCo isn’t watching this one from the sidelines. We’re proud to be directly involved in the legal challenge that produced this ruling. AUG. 8, 2026 — THE BIG PICTURE. $0 federal tax. Faster approvals. And now this week’s major legal victory challenging certain NFA registration requirements. Suppressor ownership continues moving in the right direction. AUG. 9, 2026 — CURRENT STATUS. The 7 day stay remains in effect. There is no change to the current purchasing process at this time. We’ll post the next confirmed development here. AUG. 13, 2026 — THE INJUNCTION IS IN EFFECT! The 7 day stay is over with no appeal filed from the defendant yet. Qualifying transactions no longer need Form 4
SilencerCo celebrates a landmark legal ruling poised to restore freedoms to suppressor owners, manufacturers and the broader fi****ms community
*The following points reflect SilencerCo’s understanding of the scope and applicability of the injunction issued by the U.S. District Court for the Northern District of Texas.
• SilencerCo helped secure a major legal victory in a lawsuit challenging portions of the National Fi****ms Act (NFA).
• The court ruled on Aug 5th that the challenged NFA requirements exceed Congress’s constitutional authority as applied to untaxed fi****ms. 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.
EXPLANATION OF THE LAWSUIT
History behind the lawsuit:
Enacted in 1934, the National Fi****ms Act established a federal taxation and registration system for silencers and certain other regulated fi****ms.
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 Fi****ms 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 Box 16 and should NOT check Box 20.
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.
PLEASE NOTE:
The permanent injunction is in effect, but it is limited to the parties and qualifying transactions covered by the court’s judgment. It does not create a universal exemption from the NFA.
Dealers remain responsible for complying with all applicable federal, state and local laws. This communication is for general informational purposes. It is not and should not be treated as legal advice and does not replace transaction-specific instructions or qualified legal advice.
