As you know, the Texas State Rifle Association has been on the front lines of this battle, securing the judgment finding the registration requirements and restrictions on possession of suppressors, SBR’s, SBS’s, and AOW’s unconstitutional in Silencer Shop Foundation, et. al. v. ATF, ___ F.Supp. ___, No. 6:25-CV-056-H (N.D. Tex 2026). On October 9, 2026, ATF released an Open Letter, FAQ, and Press Release. All can be found at this link. ATF is extending the ruling throughout the nation.
According to the letter, ATF will impose the following policies:
1. SOT: Dealers must still pay the special occupational tax in order to be authorized to deal in NFA firearms, including suppressors, SBS’s, SBR’s, and AOW’s.
2. MG’s and DD’s: All NFA requirements still apply to machine guns and destructive devices.
3. Prohibited Persons: The Gun Control Act provisions which prohibit certain persons from possessing firearms still apply to all firearms, including suppressors, SBS’s, SBR’s, and AOW’s. Note that ATF has restored the previous process of gun rights restoration under 18 U.S.C. § 925(c).
4. Transportation and Sale: The GCA still prohibits transportation of SBR’s and SBS’s across state lines without ATF approval (using Form 20). The GCA still prohibits sale of SBR’s and SBS’s without approval, but ATF is working on a regulation to allow those transfers. In the meantime, ATF will not enforce 18 U.S.C. § 922(b)(4).
5. State and Local Laws: State and local laws still may prohibit possession of suppressors, SBS’s, SBR’s, and AOW’s. Some allow possession only if the items are registered with ATF. Nothing in the judgment or ATF’s policies will prevent prosecution for violations of state or local law. The GCA “safe harbor” provision allowing transportation of firearms may not protect transportation of unregistered NFA firearms.
Here is some guidance on what we can expect in the future:
1. Big picture: This is TERRIFIC news. It's the best news EVER regarding the National Firearms Act. Our freedoms have increased significantly as a result of the judgment in the Jensen / Silencer Shop case and ATF's statements.
2. Statute: The entire NFA is still on the books. The NFA says you must register suppressors, SBR's, SBS's, and AOW's. The NFA says it is a federal felony for anyone other than the registered owner to possess them. The NFA is a statute, duly adopted by Congress. What we have is 1) ONE federal court district finding it unconstitutional as applied to those items, which is only binding between ATF and the parties to the case, and 2) An open letter by the ATF Director and frequently asked questions published by ATF explaining what the agency intends to do. Repealing the NFA completely (or repealing the parts applicable to suppressors, SBR's, SBS's, and AOW's) is the only way to finally get rid of it.
3. President: A future President can repeal executive orders, “open letters” from an agency, and frequently asked questions with the stroke of a pen. The Department of Justice should make this an official regulation by publishing it in the Federal Register, allowing a comment period, then adopting ATF's position into the Code of Federal Regulations as an official rule. If that happens, the same process will be required to repeal it, but a future administration can absolutely do so. WE HAVE TO ELECT PRO-2A PRESIDENTS TO PRESERVE THIS WIN!
4. Courts: The judgment in the Jensen / Silencer Shop case is from a federal district court, not a Court of Appeals or the Supreme Court. It has no precedential value (other courts are under no obligation to follow it). It is only binding on the parties to the suit. ATF is free to treat the rest of the country differently. A court of appeals could rule differently on a similar case, which would be binding within its jurisdiction. The Supreme Court could rule differently, which would be binding throughout the country. For that matter, a future Supreme Court could overturn Heller and Bruen and hold that the Second Amendment only applies to members of the National Guard. WE HAVE TO ELECT PRO-2A PRESIDENTS TO PRESERVE OUR RIGHTS!
5. Congress: Congress can undo ALL of this by reenacting the tax, passing the NFA under its Commerce Clause Power, or passing another bill. Because the tax is a budget matter, Congress could reimpose the tax through the reconciliation process with a bare majority, and could even increase the transfer tax to $4,500 or so to account for inflation since 1934. This would bypass the Senate requirement of sixty votes to end debate. For that matter, Congress could amend the NFA and add handguns and all semi-automatic rifles. WE HAVE TO ELECT PRO-2A LAWMAKERS TO BLOCK BILLS THAT DESTROY OUR LIBERTIES!
6. Risks: If anything happens to reverse the judgment and ATF's guidance, the NFA will once again require registration of suppressors, SBR's, SBS's, and AOW's; it will be a federal felony for anyone to possess them other than the registered owner; and it will be a federal felony to possess an unregistered one. I do not believe a court could punish a member of GOA or TSRA for failing to register them or possessing them while the judgment is in place. I do not believe a court could punish anyone for failing to register or possessing them while the provisions of ATF’s “open letter” are in place. I believe ATF would have to create an "amnesty period" to allow persons to register previously unregistered NFA firearms, but after that it could fully enforce the statute.
7. Advice: If you accept these risks, then feel free to buy these items without the NFA forms. If you are a little more cautious, then submit Form 4 (or Form 1 to make an NFA firearm) and you will be protected regardless of what happens.
If the public takes full advantage of this, there will be huge numbers of unregistered suppressors, SBR's, SBS's, and AOW's out there. From a practical standpoint, that will make it more difficult to "unring the bell" and require them to be registered again. From a political standpoint, every person who owns one of those items will have an incentive to keep things as they are.
"Eternal vigilance is the price of liberty."
- Thomas Jefferson
Sean P. Healy has been practicing law in Tyler, Texas, for more than twenty-five years. He is an active volunteer with a large number of organizations, including his role as the General Counsel for the Texas State Rifle Association. Sean is an NRA-Certified Firearms Instructor with certifications in ten different disciplines. He is a Chief Range Safety Officer, and teaches concealed handgun classes. Sean has competed in over 150 pistol matches, including the United States Practical Shooting Association (USPSA), International Defensive Pistol Association (IDPA) and Steel Challenge competitions. He is currently the Second Vice President for TSRA. For more information on Sean, please visit his website at healylaw.com.
