The NFA Is Dead for Suppressors. Here's Everything You Need to Know.

Online   Aug 13, 2026

The NFA Is Dead for Suppressors. Here's Everything You Need to Know.

A federal court struck down NFA registration requirements for suppressors, SBRs, SBSs, and AOWs. The DOJ declined to appeal. History was made at 12:01 AM on August 13, 2026. Here is the complete guide to what changed, what didn't, and what M&M customers need to know right now.

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On August 5, 2026, U.S. District Court Judge James Wesley Hendrix of the Northern District of Texas issued one of the most significant rulings in the history of American gun law.

In a consolidated case — Silencer Shop Foundation v. ATF and Jensen v. ATF — Judge Hendrix permanently enjoined the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Department of Justice from enforcing the National Firearms Act's registration requirements for suppressors, short-barreled rifles, short-barreled shotguns, and Any Other Weapons against the plaintiffs, their members, and their customers.

Then, on August 12, 2026, Representative Andrew Clyde confirmed that the Trump administration's DOJ would not appeal the ruling.

At 12:01 AM Central Time on August 13, 2026 — Silencer Shop completed the first lawful commercial suppressor transfers without a Form 4, without ATF approval, and without entry into the National Firearms Registration and Transfer Record since June 26, 1934.

92 years of unconstitutional NFA registration — ended.

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Why the NFA Registration Fell

The ruling rests on a simple but devastating legal argument.

The NFA was originally enacted in 1934 as a tax measure — the Supreme Court upheld it in 1937 specifically because it raised revenue. The constitutional foundation was the taxing power of Congress.

On January 1, 2026, the One Big Beautiful Bill Act zeroed out the $200 transfer tax on suppressors, SBRs, SBSs, and AOWs. The tax went to zero.

Judge Hendrix's conclusion was straightforward:

"By zeroing out the transfer and making taxes for most NFA firearms, Congress eliminated the constitutional basis for the regulations that formerly supported the taxes for those firearms. Because today's NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power. And there is no sign in the NFA's text, structure, or statutory history that Congress invoked any other power in crafting the NFA provisions at issue. Thus, the regulatory provisions must be enjoined as unconstitutional because they exceed Congress's enumerated powers."

A registry tied to a tax that no longer exists has no constitutional foundation. The court agreed. The DOJ tried to argue the Commerce Clause and the Necessary and Proper Clause could save the registration requirement — the court rejected both.

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What the Ruling Covers — And What It Doesn't

What is NOW free from NFA registration — for covered parties:

• ✅ Suppressors (silencers)
• ✅ Any Other Weapons (AOWs)
• ✅ Short-barreled rifles (SBRs) — with one important exception below
• ✅ Short-barreled shotguns (SBSs) — with one important exception below

What is NOT affected — nothing changes here:

• ❌ Machine guns — the Hughes Amendment ban on civilian transfer of post-1986 machine guns is completely unaffected. Machine guns still carry the $200 tax and full NFA registration. This will not change under this ruling.
• ❌ Destructive devices — still carry the $200 tax and full NFA registration
• ❌ The eight states with their own suppressor bans — this federal injunction does not override state law
• ❌ The Gun Control Act — a 4473 and NICS background check are still required on every transfer regardless

The SBR and SBS exception — critical: The Gun Control Act at 18 U.S.C. § 922(b)(4) separately prohibits a licensed dealer from selling a short-barreled rifle or short-barreled shotgun except as specifically authorized by the Attorney General — and an approved Form 4 is currently the only mechanism that satisfies that authorization. That statute sits outside the NFA provisions the court enjoined. Until Congress or a court changes that — SBR and SBS dealer transfers still require a Form 4 in every state.

Suppressors and AOWs are not listed in 922(b)(4) — which is why those two categories can now transfer on a 4473 and NICS check alone for covered buyers.

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Who Is Covered

The court was explicit: this is not a universal injunction covering every American automatically. Federal courts lack the power to issue universal injunctions. The ruling covers the plaintiffs and their members and customers.

Covered under the injunction:

Organization members:

• Gun Owners of America (GOA) members
• NRA members
• Second Amendment Foundation (SAF) members
• Firearms Policy Coalition (FPC) members
• Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) members
• Texas State Rifle Association members
• Firearms Regulatory Accountability Coalition (FRAC) members

Customers of named plaintiff businesses:

• Silencer Shop customers — online or through a Powered by Silencer Shop dealer
• Palmetto State Armory customers
• SilencerCo customers
• B&T USA customers
• Hot Shots Custom LLC customers

State law enforcement agencies in 15 states: Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.

Not automatically covered: The general public who are not members of any plaintiff organization and who have not purchased from a named plaintiff business. Those individuals still need to file an eForm 4 — which currently approves in approximately 6 days for individuals.

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How Transfers Work Now at M&M

M&M Guns and Supplies is a Powered by Silencer Shop dealer. Missouri has no state suppressor ban. Missouri is one of the 27 free states where Silencer Shop's no-Form-4 transfer process applies.

The process for suppressor purchases at M&M — effective August 13, 2026:

Step 1: Customer selects a suppressor online at silencershop.com or through M&M's Silencer Shop kiosk.

Step 2: Silencer Shop ships the suppressor to M&M — typically arrives within a couple of days.

Step 3: Customer comes to M&M and completes a standard ATF Form 4473 — the same form used for any firearm purchase.

Step 4: M&M runs a standard NICS background check — same as buying a rifle or handgun.

Step 5: Customer takes the suppressor home same day. No Form 4. No wait. No registry entry.

No membership required for customers purchasing through Silencer Shop's network. The transaction itself — through a Powered by Silencer Shop dealer — provides the coverage.

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Can Missouri CCW Holders Skip NICS on Suppressor Transfers?

This is a great question — and the honest answer is: probably yes, but wait for official ATF confirmation.

Missouri CCW holders who submitted fingerprints with their concealed carry application are exempt from NICS on standard firearm transfers under federal 18 U.S.C. § 922(t)(3). A suppressor is now being treated as a standard firearm transfer under the new process. In theory — the CCW NICS exemption should apply to suppressor transfers the same way it applies to handgun purchases.

However — no formal ATF FFL guidance has been issued yet specifically addressing this question. Until ATF confirms it in writing, we recommend running NICS on suppressor transfers to protect M&M from any compliance exposure. We will update this post the moment ATF guidance addresses this specifically.

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What About GOA Members Buying from M&M's Own Inventory?

GOA membership coverage is broader than the Silencer Shop network — it covers GOA members regardless of where they purchase the suppressor. A GOA member could potentially purchase a suppressor from M&M's own non-Silencer Shop inventory on a 4473 alone.

However — no formal ATF FFL guidance has been issued specifically addressing how dealers outside the Silencer Shop and PSA programs should handle GOA member transfers. Until that guidance arrives, M&M is taking the cautious approach of directing all suppressor transfers through the Silencer Shop network — where the legal cover is clearest and most documented.

We will update this post when ATF issues formal dealer guidance.

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What Happens to the Suppressor If GOA Membership Expires?

This is one of the most important questions we've heard — and the answer is straightforward:

The suppressor is yours permanently. Membership status after the transfer is irrelevant.

The membership requirement applies at the time of transfer only — not on an ongoing basis afterward. Once the transfer is complete and the customer has taken lawful possession — the suppressor belongs to them. There is no NFA registry entry to enforce. There is nothing for ATF to retroactively pursue regardless of what happens to the customer's membership status later.

Think of it like a Missouri CCW holder using their permit to bypass NICS on a handgun purchase. If the CCW expires the next day — they don't have to surrender the handgun. The transfer was lawful when it occurred. The same legal principle applies here.

Courts virtually never apply reversals retroactively to completed lawful transactions — even in the unlikely event of a future appellate reversal, completed transfers under the injunction are almost universally considered permanently lawful.

Bottom line: Join GOA for $25. Buy the suppressor. Take it home. The suppressor is yours — permanently — regardless of what happens to your membership afterward.

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Can You Convert Your AR Pistol to an SBR Without a Form 1?

This is one of the most common questions we're hearing — and the answer for covered parties is yes.

What makes an AR pistol an SBR is simple: install a shoulder stock on a host with a barrel under 16 inches and you've made an SBR — an NFA item. Historically that required filing a Form 1 (the making application), paying the $200 tax, waiting for ATF approval, and engraving the lower. The tax went to $0 on January 1, 2026. The Form 1 requirement is now enjoined for covered parties.

The process for a covered party converting an AR pistol to an SBR:

Step 1 — Engrave the lower first. Your name or trust name, plus city and state, engraved on the lower receiver before you build it. Engraving is still required even under the injunction — the marking requirement was not enjoined for Jensen plaintiffs specifically. Engrave regardless to be safe.

Step 2 — Swap the brace for a stock. Install a real buttstock on your sub-16-inch host. At that moment — for a covered party — you have legally made an SBR without a Form 1, without ATF approval, and without a wait.

Step 3 — No Form 1, no ATF approval, no wait. A qualifying plaintiff organization member can make, receive, and possess a covered SBR without complying with the Form 1, approval, and registration provisions enjoined by the court.

Why the GCA 922(b)(4) problem doesn't apply here:

The Gun Control Act's 922(b)(4) authorization requirement only affects dealer-to-customer transfers of SBRs — not private individuals making their own. A private individual converting their own AR pistol is a making — not a dealer transfer. The Form 1 is the making application — and the Form 1 requirement is what's been enjoined for covered parties. So 922(b)(4) does not block a covered individual from making their own SBR from a pistol they already own.

What covered parties need:

• GOA, NRA, SAF, FPC, or other plaintiff organization membership — confirmed
• Engrave the lower before building
• Install the stock
• No Form 1, no ATF wait

What non-covered parties still need:

• eForm 1 — currently approving in approximately 6 days for individuals
• $0 tax (already in effect)
• Engraving
• ATF approval before installing the stock

The NFA trust caveat — important: The injunction's application to NFA trusts, LLCs, and corporations whose responsible persons are GOA members or covered-dealer customers is not clearly resolved by the ruling. If your lower or SBR is held in an NFA trust — do not assume coverage without specific legal counsel on your entity's status under the injunction.

Bottom line:

• GOA member, individual (not trust) — yes, can convert AR pistol to SBR without Form 1. Engrave first.
• Non-member private individual — still needs eForm 1. Approves in approximately 6 days.
• NFA trust holder — unclear. Get legal counsel before assuming coverage.

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The Broader Legal Picture

The Jensen ruling is the first domino — not the last.

Brown v. ATF — pending before Chief Judge Stephen R. Clark in the Eastern District of Missouri — raises the same enumerated powers theory. No oral argument date has been set but the case is fully briefed.

Roberts v. ATF — pending in the Eastern District of Kentucky — also fully briefed and awaiting a ruling.

The Fifth Circuit — will almost certainly weigh in eventually even without a DOJ appeal, as other cases making their way through the circuit raise the same questions.

SCOTUS — the ultimate destination. With Viramontes v. Cook County and Grant v. Higgins (AR-15 cases) already granted for argument this fall, the Court's appetite for major 2A cases is clearly present.

The NFA's registration scheme is under attack from multiple directions simultaneously. The question is no longer whether it falls — it's how far and how fast.

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What Doesn't Change for M&M Customers

Despite the magnitude of this ruling, several things remain exactly as they were:

• The 4473 is still required — every suppressor transfer still requires a completed Form 4473
• NICS is still required — every buyer still passes a standard background check (unless CCW exemption is confirmed applicable)
• Machine guns are still regulated — nothing about this ruling touches the Hughes Amendment or post-1986 machine gun restrictions
• State laws still apply — if you live in one of the eight states with suppressor bans, this ruling does not help you
• Prohibited persons cannot buy suppressors — the Gun Control Act's prohibitions on who can own firearms apply equally to suppressors

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The Bottom Line

For the first time since 1934, law-abiding Americans can walk into a gun store — complete a standard background check — and walk out the same day with a suppressor.

No Form 4. No fingerprints. No passport photo. No six-month wait. No federal registry entry.

Just a 4473, a background check, and a suppressor you can take home today.

M&M Guns and Supplies is a Powered by Silencer Shop dealer operating in Missouri — one of the 27 free states where this process is now in effect. We are ready to help you navigate this historic change and get you the suppressor you've been waiting for.

Come see us. We'll walk you through every step.

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This post will be updated as ATF issues formal FFL guidance and as the legal landscape develops. For the most current information on the Jensen ruling and its impact on Missouri gun owners, check back at mmguns.com/blog/downrange.

Stop in and see us at 5578 Salt River Road, Saint Peters, MO 63376 | 636-387-1199

© M&M Guns and Supplies | Saint Peters, MO | @mmgunsandsupplies

All purchases subject to applicable federal, state, and local laws. This post is for informational purposes only and does not constitute legal advice. Missouri is a constitutional carry state; however, individual municipalities and political subdivisions retain the right to require a valid CCW permit to carry within their jurisdiction. Know your local laws before you carry.