What Does the Judgment in the Silencer Shop/Jensen v. ATF Case Mean?

Silencer shop/jensen v. atf

What Does the Judgment Mean?

From TSRA General Counsel Sean Healy and TSRA President Jeff Folloder (who was directly involved in the case)

September 22, 2026 — This week, CBS reported that President Trump instructed ATF not to appeal the judgment in the Jensen and Silencer Shop case. Here's our opinion on what this means.

What Can Individuals Do?

The plaintiffs, customers of the business plaintiffs, and current and future members of the nonprofit organizations who are parties to the lawsuits will be able to purchase and make suppressors, SBR's, and SBS's without submitting ATF forms or being subject to prosecution for possessing unregistered ones. Here are those parties:
a.   Nonprofit Organizations: TSRA, CCRKBA, FPC Action Foundation, Silencer Shop Foundation, Firearms Regulatory Accountability Coalition, Gun Owners of America, Inc., and Gun Owners Foundation.
b.   Business Plaintiffs:  SilencerCo Weapons Research, Palmetto State Armory, B&T USA, and Hot Shots Custom LLC.

What Can Dealers Do?

The business plaintiffs can sell these items to customers without submitting ATF forms. They still must complete Form 4473 and a NICS check, because these items are still defined as Firearms under the Gun Control Act. There are still questions about how those dealers can keep records and comply with regulations. There is a risk that a business could put its license at risk for failing to follow regulations, or could be prosecuted for selling NFA firearms without submitting the forms. The business will have a defense if it was subject to and complied with the judgment. One potential issue - the judgment did not enjoin enforcement of 18 U.S.C. § 922(b)(4), which duplicates the NFA in prohibiting dealers from selling or delivering any DD, SBR, SBS, or machine gun to any person, except as specifically authorized by the Attorney General. Dealers should become TSRA Business Members to take advantage of the judgment.

What Does the Future Hold?

We can provide an educated guess?

a.  Will ATF publish new rules? ATF may or may not publish rules extending these principles throughout the country. A new administration could amend or revoke any of ATF's rules.

b.  What could happen in Congress to change things? Congress could overrule the judgment by reinstating the tax, or passing a version of the NFA based on the Commerce Clause power.

c.  What could a court do to change things? The 5th Circuit Court of Appeals or the Supreme Court could overrule the judgment. This could happen even if ATF does not appeal the judgment, for instance if another case comes before the Courts.

d.  If this falls through, what should I do? The risk for individuals is that if the judgment is overturned, you will be in possession of unregistered NFA firearms. You will have a defense if you were subject to and complied with the judgment. If anything happens to overrule the judgment, there's a good chance we will have advanced notice, and probably an amnesty period when we can register these items.

State Law

Individuals and businesses must still comply with state laws. If you live in a state where state law restricts or prohibits NFA firearms, you must comply with the law. That means you may not be able to take advantage of the judgment.
 

What Can I Do Now?

The easiest way for an individual to take advantage of this judgment is to join TSRA or GOA, then go to one of the business plaintiffs to buy a suppressor, SBR, or SBS with only a 4473 and a NICS check.

TSRA Business Members are covered by the judgment, and many of them sell suppressors, SBS's, and SBR's. You should consider buying these items through them.

Join the Texas State Rifle Association as a Business Member

Join at TSRA.com

Legal Notice

This announcement is provided for general informational purposes only and is not legal advice. Nothing in this announcement authorizes the manufacture, possession, transportation, sale or transfer of any firearm contrary to federal, state or local law.

TSRA does not provide legal services to members, although as a public service we sometimes offer updates, opinions, and other information in the Sportsman or electronic updates.

Article by Sean Healy and Jeff Folloder