Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Robert Cekada posted to X that he expects guidance and Frequently Asked Questions (FAQs) for the National Firearms Act (NFA) will be posted by the end of the week. The announcement is welcomed news for federal firearms licensees (FFLs) and firearm industry members following the U.S. District Court for the Northern District of Texas opinion in Silencer Shop Foundation v. ATF. The case challenged parts of the National Firearms Act (NFA) and, specifically, the federal regulations surrounding suppressors and other NFA items.
The District Court’s opinion struck down NFA registration and approval requirements for suppressors, short-barreled rifles (SBRs) and short-barreled shotguns (SBSs)subsequent to the reduction of the NFA tax stamp fee to $0 from the previous $200 fee, part of the One Big Beautiful Bill, signed into law last year by President Donald Trump. U.S. Solicitor General John Sauer has told U.S. Senate Judiciary Chairman Chuck Grassley (R-Iowa) that DOJ will not appeal Silencer Shop Foundation v. ATF.
Director Cekada announced that ATF Industry Operations Inspectors (IOIs) were instructed to consider suppressors transferred with only a Form 4473 to be considered legally transferred, in light of the Silencer Shop Foundation v. ATF decision. ATF’s position applies to 27 states, in which purchasers will no longer be required to have a completed Form 4 for suppressor transfers. State laws in 15 states, however, still require a completed Form 4 for a legal transfer under state law. Suppressors are legal to possess in 42 states, subject to compliance with state law, and only banned by California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, Rhode Island and Washington, D.C.
Nine state attorneys general have filed a motion for clarification, which has yet to be ruled upon. The DOJ has until Oct.12 to respond.
NSSF® suggests firearm industry members await the formal ATF guidance expected this week. This alert if for informational purposes only and is not legal advice. Firearm industry members should consult with their own attorneys. NSSF continues to advocate for ATF to provide comprehensive guidance and assurances to the regulated industry to ensure businesses operate within the scope of the permanent injunction and, for companies and purchasers who not within the scope of the permanent injunction, within the bounds of the NFA and Gun Control Act (GCA).