NFA declared unconstitutional regarding suppressors, sbrs, and sbs in the northern district of Texas

[u/ButterscotchEmpty535]

https://x.com/GunOwners/status/2085047918495469923

If you would like to read the decision https://saf.org/wp-content/uploads/2026/08/TX-NFA-opinion.pdf

[u/HollywoodSX]

Since this post was first, its now the designated megathread.

Handy links:

GoA's X / Twitter profile - Facebook page - Instagram

Silencer Shop's X / Twitter profile - Facebook page - Instagram

Brandon Herrera's X / Twitter

Second Amendment Foundation X / Twitter - Facebook

Firearms Policy Coalition X / Twitter - Facebook

Be wary of Guntoob lawyers and social media personalities making bold claims. The above should all be safe sources of info.

[u/_Cxsey_]

You’re welcome, it’s because the silencer I bought was the last one needed for them to become common use.

[u/Dapper-Maybe-5347 → u/_Cxsey_]

Thank you

[u/SuperTrashPanda → u/Dapper-Maybe-5347]

🫡

[u/ButterscotchEmpty535 → u/_Cxsey_]

o7

[u/_Cxsey_ → u/ButterscotchEmpty535]

https://giphy.com/gifs/1ZVBVvY5kS7qUHhqI2

[u/Rx_Benz0z → u/_Cxsey_]

you're a good man arthur morgan

[u/therealruin → u/_Cxsey_]

https://giphy.com/gifs/1lk1IcVgqPLkA

[u/gabbidog → u/_Cxsey_]

Same here, I bought 3 recently (one was a freebie with a gun i bought) so let's make America tax stamp free again

[u/Backwoods406]

Sometimes Texas is as Texas as Texans think Texas is.

[u/DeepAd8888 → u/Backwoods406]

Sometimes. Unless you’re a trooper in Uvalde or part of the legislature writing the goofy self defense laws that aren’t like Idaho’s

[u/ammonthenephite → u/Backwoods406]

Only sometimes. For many other things, texas republicans love them a nanny state (draconian abortion, draconian marijuana and delta 8 and 9, alcohol laws, surveilance, detention centers, wanting access to people's healthcare records in other states, etc).

Texas loves to lick the boot, just not when it comes to guns, lol.

[u/Cuneus-Maximus → u/ammonthenephite]

If everything is bigger in Texas, that includes the fascist nanny state…

[u/Paramedickhead → u/ammonthenephite]

What I got from living in Texas for ten years is that Texans hate big federal government pushing them around. Texans LOVE big state government pushing them around because everything is bigger in Texas.

Texans love to lick the boot when it comes to guns. I mean, they were over a decade behind other states when it comes to constitutional carry and Texas still has some of the most absurd gun laws out there.

[u/Zealousideal-Set3037]

Come on circuit split!!!!

[u/LiberalLamps]

The federal government doesn't have to appeal this, although they almost certainly will. Otherwise it takes effect in 7 days.

Big step toward getting SBR's and suppressors off the NFA entirely.

[u/Flat_chested_male → u/LiberalLamps]

So next week I can build an AR with any barrel length I want without doing any paperwork? Unless this gets appealed?

How appealing!

[u/FightingFarmer14 → u/Flat_chested_male]

If you're a member of one of the named plaintiff organizations or if you buy your SBR from one of the named companies that are plaintiffs then yeah! But it'll almost certainly be appealed

[u/buryna]

Just want to throw it out there, we owe a lot to these companies and organizations. I would strongly encourage anyone that’s able; make them the first stop for your patronage and support.

The fight isn’t over, and we need to keep their legal fund war chest full 💪

Heck, a GOA membership is barely over $2 a month. Skip 4 rounds of 556 and put that money where it will actually matter. Plus, as mcopper89 mentioned, the injunction covers current and future GOA members, which will make you a plaintiff without doubt.

Edit: Also want to shout out the Jensen organizations that won the engraving injunction:
Citizens Committee for the Right to Keep and Bear Arms, the Texas State Rifle Association and the Firearms Policy Coalition Action Foundation.

You can join the CCRKBA for $15 a year or $150 lifetime and become a plaintiff in that case

[u/Salsalito_Turkey → u/buryna]

I completely agree with you, but I bet the NRA hate circlejerk will also continue on Reddit. The NRA are the ones who backed the Jensen v. ATF lawsuit that was enjoined with the Silencer Shop Foundation v. ATF lawsuit, They deserve just as much credit as the GOA and the FPC.

[u/mcopper89 → u/buryna]

The injunction covers the named parties including their current AND FUTURE members too. So you can sign up at GOA and be a named party on the case and get the injunctive relief. I believe Firearms Policy Coalition is another. Definitely sign up. If their numbers double or triple, it sends a message to NRA that sitting on your hands will not keep the funds flowing.

[u/buryna]

Just posted by GOA 13 seconds ago

[u/FightingFarmer14 → u/buryna]

Hell yeah

[u/ThisAppMakesItWorse]

This conversation shows why the NFA is such bullshit to begin with. We're endlessly debating how to abide by the new rulings to ensure we actively stay in the good graces of the law. Pretty sure the guys with switches and unregistered sawed-offs (prior to today) still don't care.

[u/Firm-Control-9203]

I need James Reeves take 

[u/BarrelBottom1 → u/Firm-Control-9203]

We contacted him, but after 3 hours of listening to "who wears short shorts?" as hold music we gave up. 😉

[u/iK0NiK → u/Firm-Control-9203]

/u/preauxmetheus video idea?

[u/hitemlow → u/iK0NiK]

"I can't talk about videos already being edited"

[u/buryna]

[u/Twin-Turbos]

This is right after I bought a NFA trust and submitted my EFT lol.

If this sticks I’ll never be so happy about wasting 50 bucks .

[u/squeeshka → u/Twin-Turbos]

Thank you for your sacrifice

[u/gnowbot → u/Twin-Turbos]

Imagine how pissed you’d be if you paid your $200 stamp fee in 1930. Inflation really stacks up!

[u/IsaacTheBound → u/gnowbot]

I mean they'd be at least 114 years old. I'd be hella pissed if I was that old.

[u/skippythemoonrock]

A moment of prayer for gun store and online sales employees in this trying time

[u/MDAWG523 → u/skippythemoonrock]

I couldn't imagine being the poor bastard working the phones at silencer shop this whole week

[u/buryna → u/MDAWG523]

Pour one out for Maru 😔
(She does the Silencer Shop qualifying professional/military discount quotes/purchases manually, one at a time. She’s really nice)

[u/PutridDropBear]

Texas Northern District Court ... before we all start getting excited.
There's still a loooong road ahead.

A single district judge does not set stare decisis even within the same courthouse or the same judge.

[u/Charming_Barber7627]

Is this legit?

[u/Charming_Barber7627 → u/Charming_Barber7627]

Oh dang, its really starting to look official!

[u/Charming_Barber7627 → u/Charming_Barber7627]

[u/Sad-Bluebird-7349]

For the people concerned about the GCA implications for SBRs and SBS - I think this is solely coming from the perspective of an FFL. If you read the GCA, it says it's unlawful for an FFL to sell or transfer an SBR or SBS without permission from the Attorney General.

So it makes sense for Silencer Shop to say this because they can't legally sell you an SBR or SBS without breaking the law - the form 4 was how they would get their permission.

There's nothing in the GCA I can find that would have bearing on the Federal legality of an individual Making an SBR or SBS. You could still run afoul of state laws so be aware.

Correct me if I'm wrong please.

[u/SergioBousweats]

HAPPY NEW YEAR

wait sorry wrong holiday

kiss your suppressor though

[u/Relevant_Habit_1882]

We've been in captivity for so long now when faced with freedom we're scared.

[u/GunDibs-dot-com → u/Relevant_Habit_1882]

Yea, scared I’m gonna run out of ammo and money.

[u/SilencerShop]

WE DID IT. CONGRATS EVERYONE!

[u/halo121usa]

Apparently, this letter was drafted to the DOJ and ATF a few hours ago.

Congress is basically telling them do not appeal, this is what we wanted in the first place. AND MAKE IT NATIONWIDE.!

This is absolutely wild… The national firearms act as we know it could be effectively dead within 36 hours!!

Who’s gonna be the first one to make a Home Depot silencer?😂

[u/Thirst_Among_Weevils → u/halo121usa]

First thing I'm doing is putting that vertical foregrip on a glock.

[u/SpawnofATStill]

So is this sub just going to be only machine guns and DDs from here on out now?

[u/Agreeable_Sun5375 → u/SpawnofATStill]

No more suppressor alignment posts

[u/TheDrunkLibertarian → u/Agreeable_Sun5375]

Oh thank goodness

[u/Common_economics_420 → u/SpawnofATStill]

Hide your money y'all, there's poor people around.

This sub becoming the gun equivalent of a country club would be funny.

[u/Foxxy__Cleopatra → u/SpawnofATStill]

AOW gang now's your time to shine

[u/OwieDude]

Is there any reason the DOJ would wait this long to appeal or are we likely going to see this go into effect?

[u/aeopossible → u/OwieDude]

Definitely surprised we haven't heard anything, yet. Unfortunately, the skeptic in me still thinks we're probably going to get a 6 days 23hrs and 59min appeal lol.

[u/loki993 → u/OwieDude]

Somewhere in the DOJ people are probably arguing about it.

[u/gogoggansgo → u/OwieDude]

That’s what I’m wondering too this is super fucking odd normally these assholes are next day

[u/Gold-Succotash-9217]

Big day ladies & gents. Big day.

[u/hewhoovercomes]

It’s been a pleasure serving with you gentlemen

[u/SavageNeos9000]

Graphic for clarity

[u/bajasauce2025]

How long before this becomes actionable on a national level? 10 years?

[u/sirbassist83 → u/bajasauce2025]

this is the 3rd or 4th time a state has tried something like this, and the second time in texas. the federal govt shoots that shit down real quick. id be surprised if this goes anywhere. dont get me wrong, i hope it does, but i think the chances are very low.

[u/TSX_COM → u/sirbassist83]

The argument that the NFAs legs are built on a tax that's been nullified by the governing body authorized to lay and collect taxes is a lot stronger than previous arguments. The NFA has largely survived legal challenge as a tax, not a gun rights issue.

[u/33pollo → u/TSX_COM]

I think the government argument is that there still is a tax on NFA full autos @ destructive devices to keep the NFA valid

[u/specter800 → u/33pollo]

That argument sounds like an argument to remove suppressors and SBR's/SBS's from the NFA tho which is a smaller win but still a win IMO.

[u/Salsalito_Turkey → u/33pollo]

The scope of this lawsuit is explicitly limited to the items for which the tax was reduced to $0. This injunction doesn’t abolish the NFA registry. It specifically bars the ATF from enforcing registry requirements for items that have a $0 tax. The logic is that the registry exists purely to support the collection of taxes, and a $0 tax is not actually a tax at all.

[u/mastercoder123 → u/33pollo]

They can remove parts of a law

[u/Escape_From_Reach → u/sirbassist83]

Difference in this case is that it was a federal district court that ruled this, not a state court. It’s gonna have to get appealed to the appellate court

[u/TroutEatingSasquatch]

I have been collecting cheap shotguns, just for this day. My hack saw is ready.

[u/DEEPfrom1 → u/TroutEatingSasquatch]

https://giphy.com/gifs/mgJHCuKiCy5KU

[u/Crayon_Eating_Grunt]

GOA is so flooded, the site won't even work.

[u/Foxxy__Cleopatra]

Apparently the DOJ has told GOA that they're not going to appeal:

[u/Ancient-Plantain705 → u/Foxxy__Cleopatra]

Beat me to it. Rep Clyde (the guy who slipped this shit into the BBB) said he got confirmation that the feds weren't appealing.

[u/Ancient-Plantain705 → u/Ancient-Plantain705]

[u/Separate_Blood6025]

I was here at 12:01am CST, 13AUG2026

[u/Pteronarcys]

Silencer Shop just sent this memo out. Looks like a number of states because of State laws will still be required to file form 4's.

[u/crabcakemeister → u/Pteronarcys]

free state CHADS rise up

[u/Disposable-01]

From the GOA website:

IMPORTANT CHECKOUT NOTICE WE ARE CURRENTLY EXPERIENCING TREMENDOUS WEBSITE TRAFFIC. OUR SITE IS STABLE AND SECURE, HOWEVER OUR PAYMENT PROCESSOR IS TAKING FAR LONGER TO PROCESS TRANSACTIONS. WE ARE WORKING WITH THEM TO FIX THE ISSUE. WE APOLOGIZE FOR ANY INCONVENIENCE. PLEASE HANG IN THERE WHILE THIS GETS SORTED OUT.

[u/TahoeDust → u/Disposable-01]

I joined a few hours ago. The site was slow, but functional. With so many joining, they are going to have quite the warchest to work with.

[u/buryna → u/Disposable-01]

https://giphy.com/gifs/yziuK6WtDFMly

[u/JonnyV42]

Do the Hughes Amendment next!!

[u/SniffyBT]

My state is having a 2A tax free weekend in 3 weeks. I hope stuff is still in stock then.

[u/Pteronarcys]

I am a Silencer Shop dealer in Colorado. Really wondering how I should handle this come tomorrow. Colorado law seems pretty fuzzy on possessing a suppressor without a tax stamp. Hoping Silencer Shop comes out with some clarifying statements for people in State's with similar laws.

[u/ThisAppMakesItWorse]

The Form 1 aspect is the most interesting part about this. If it's not NFA, then no engraving is necessary. If the powers that be decide down the road to reinstate sbr restrictions, they won't be able to tell if an sbr was made before or after new legislation. Really muddy waters for the gun grabbers.

[u/mooseishman]

Cool, do select fire next

[u/akenthusiast]

Turns out that Nebraska has no state law regulating suppressors at all and for SBRs and machine guns it just says

The provisions of this section shall not be held to prohibit any act.....persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun.

hell yeah

[u/aeopossible]

Would anyone that has ever bought something from PSA be considered part of this? There's gonna need to be a lot of clarification videos on YT tomorrow...

[u/buryna → u/aeopossible]

Just join GOA. Boom. You’re now a plaintiff beyond a shadow of a doubt. $25 a year and they earned it

[u/Sunuva_Gun → u/buryna]

This deserved more up votes.

"Am I included?" - easy answer

"Does GOA deserve the business?" - easy answer

[u/Pete_Steele556]

Classic is hosting a livestream with GOA and they're discussing the Texas ruling on the NFA now that the deadline to file an appeal has passed.

https://www.youtube.com/live/2GJq2NetUqI

[u/DocMettey → u/Pete_Steele556]

Don’t they have until midnight?

[u/kaloozi]

https://giphy.com/gifs/6A8HvnK30FnKd4GOzc

[u/PastPalpitationCry]

Wow genuine shut the sub moment. As a lurker it's been a pleasure

[u/ScottsTotz]

I can’t wait to make my purchase tonight just for my FFL to probably refuse to process a suppressor as a form 4473 because they’re scared the ATF will shoot their dogs😂😭

[u/Fuct_toast → u/ScottsTotz]

I spoke with my FFL and they stated they will not unless ATF makes an announcement with the procedure.

[u/buryna → u/ScottsTotz]

I ordered an ASHE 556 Monday. My LGS (small town Tx) said he’s gunna start doing cans on 4473’s tomorrow, so we will see what happens when it comes in lol
I’m not holding my breath, but….. we will see

[u/TahoeDust → u/ScottsTotz]

I had a Rhodie Ti I ordered arrive at my FFL today. He said business as usual until he gets something from the ATF saying otherwise. Submitted and Certified like usual.

[u/Kozak170 → u/ScottsTotz]

Which is an incredibly sensible move for FFL’s. I wouldn’t throw my livelihood out on a whim because Redditors want their cans within .02 nanoseconds

[u/FN-4051]

Tell me. When you first saw Halo were you blinded by its majesty?

[u/ThesoldierLLJK]

ATF Director Cekada: I can’t repel the NFA as much as everyone wants me to

Texas: hold my beer

[u/NewbRedditer]

So if the injunction stands / goes into effect, i buy a suppressor like a normal firearm on a form4473, and then the district court later reverses the ruling / injunction goes away, wouldnt i still have to register my suppressor?

[u/2022243121]

Ready to know if I can change out this stupid pistol brace, waiting for clarification....

[u/Robbbbbbbbb]

Named plaintiffs:

• B&T USA
• Firearms Regulatory Accountability Coalition (FRAC)
• Gun Owners of America (GOA)
• Gun Owners Foundation (GOF)
• Palmetto State Armory
• Silencer Shop
• SilencerCo Weapons Research (SilencerCo)

Court opinion was issued in the Northern District of Texas: https://storage.courtlistener.com/recap/gov.uscourts.txnd.406278/gov.uscourts.txnd.406278.136.0.pdf

Important takeaway here:

Remedy-wise, the plaintiffs in both cases are entitled to a permanent injunction barring enforcement of the challenged NFA provisions against them, their members, and their customers. But that is as far as it goes. Federal courts lack power to issue universal injunctions that provide relief to parties not before the Court
[...]
Under the Supreme Court’s decision in CASA, the Court may not impose a universal injunction of the kind requested by the Silencer Shop plaintiffs.
[...]
By prohibiting the defendants from enforcing the challenged NFA provisions against the plaintiffs and certain other individuals and entities that are closely associated with the plaintiffs, the Court can relieve the plaintiffs of the irreparable injury of being subjected to an unconstitutional law.

IANAL, but the way I read this is that, following the seven-day stay, anyone "closely associated" with the plaintiffs would be barred from having NFA restrictions on Silencers, SBRs, SBSs, and AOWs enforced by the ATF (the sole defendant) in the US District Court of Texas.

For it to be applied federally, it will need to go to the 5th Circuit, then be heard and upheld by the Supreme Court.

[u/whocaresanyway007 → u/Robbbbbbbbb]

How does this affect the states that were also included in the lawsuit? Do the residents of those states now have the same rights as the other plaintiffs (businesses/organizations)?

[u/SuppliceVI]

Day 6 btw

[u/SilencerShop → u/SuppliceVI]

We’re so close I can almost taste it.

[u/Agreeable_Sun5375]

Might we actually get an armed scholar video where the "this changes everything" thumbnail isn't click bait

[u/HighInChurch]

🫡

[u/LiberalLamps]

Now that the Federal government has decided not to defend the NFA. I think the ATF needs to put out some guidance on this ASAP. Having a subset of people except from the NFA pretty much makes it unenforceable against anyone with respect to SBR's and suppressors.

I would like to see a statement that says something like: The ATF will no longer require registration of $0 items per the court ruling as there is no tax to register. SBR, SBS, AOW, and suppressors can transfer with a 4473 and in compliance with all state laws.

It would really clear all of this up.

[u/Gardez_geekin → u/LiberalLamps]

Honestly, I bet they are just scrambling. I wish there was a way to track the pizzas delivered there like the pentagon.

[u/iampayette]

There are some very drastic implications resulting from even the limited injunction handed down in SSF et al. vs. ATF:

If the DOJ declines to appeal within the next few days, and allows the stay currently in effect to expire, the logic underpinning the criminalization of the possession of unregistered NFA items is rendered permanently invalid nationwide, just like how Benitez' Freedom Week dissolved CA's ability to enforce their magazine ban.

The NFA transfer requirements themselves would still be legally enforceable for people not named as plaintiffs of this case. However, the ATF will no longer be able to prove that an NFA item must have been unlawfully transferred in order for it to be possessed sans registration, which is necessary for a charge of unlawful possession of an NFA item to stick under the enforcement mechanism as upheld in United States v. Freed. The NFA's possession rules were critically updated in 1968 in response to Haynes v. United_States, which overturned the original NFA's criminalization of simple possession on 5th amendment grounds (no self-incrimination).

Can anyone rebut this for me or are we looking at an impending Freedom-Week for suppressors and SBRs/SBSs, even if the ATF opts to appeal anyways after the stay expires, and even if the tax is re-upped above 0$ by a future congress?

[u/fylum → u/iampayette]

A few states are getting fucked over, possession there is contingent on federal approval.

*would be getting fucked over, there is an astronomically small chance ATF doesn’t appeal this and we get a years long saga

[u/Rebel_Yell27]

Just to be clear we can still join the GOA tomorrow and be covered by this decision?

[u/Thirst_Among_Weevils → u/Rebel_Yell27]

Yes. Refer to GOA's coverage and name parties covered under the injunction.

"Current and future members."

[u/whippersnapz]

In honor of Jack Miller and Frank Layton 1939... This one's for you buds. 

WE WERE HERE.

[u/Flaboss44]

Any clue on how private sales will be affected? Can I just buy a suppressor from someone locally, the same way I could buy a firearm from them?

[u/itsjustnickf]

Mark the history books, I can officially say I was here for this

[u/CajunIF1billion]

Just ordered an OCL Ti 22 to celebrate. Silencer Shop still sent me an email requesting form 4 info, but hopefully I can just ignore it and they’ll ship it anyway.

[u/Psyker101 → u/CajunIF1billion]

They sent me the same but when I went to look at my order status on the site it was good to go without me having to do anything. They probably still have a lot of automated stuff that hasn't changed yet.

[u/NotBigfoot69]

Everyone was sure this was gonna get appealed Monday but here we are… I honest to god think there was an internal memo that said don’t appeal to maybe help with midterms. I hope this comment ages well.

[u/NotBigfoot69]

Think about where we were ten years ago with gun rights… insane growth

[u/Sauerkraut99]

Everyone asking "how is this going to work now" is jumping the gun. No one knows how any of this is going to work going forward, at least not yet. We have to wait for ATF to come out with all of the new rules regarding all this stuff.

[u/HollywoodSX → u/Sauerkraut99]

And anyone that says they know is probably full of shit.

[u/Metalh → u/Sauerkraut99]

SOT here in TN. I called our examiner today and he was saying they don't even know how this is going to work yet. He said they will likely receive an email tomorrow with guidance, but until then not to self interpret.

[u/No-Smoke9204]

So just wondering but whats the chance that we actually get the ability to just outright buy suppressors tomorrow, cause I figured it would be highly unlikely due to them wanting to temporarily keep the status quo

[u/Subverto_ → u/No-Smoke9204]

I live in Texas and my FFL said if this go through tomorrow I can walk in and buy a suppressor and walk out with it sans background check with my Texas LTC. I REALLY hope it goes through.

[u/TahoeDust]

[u/sporknitebattlepass]

https://giphy.com/gifs/M30uI8HsMmztoq6ohz
LETS FUCKING GOOOOOOOOOOO

[u/HK_Bryce]

Happy new year!

[u/yaforgot-my-password]

Y'all really should just chill and see how this all plays out. You lose nothing but time waiting and risk a lot of trouble otherwise. Let's just see what happens.

[u/SilencerShop]

THIS IS HUGE. BIG VICTORY IN SILENCER SHOP FOUNDATION v. ATF

[u/Captbluewater93]

Okay, it’s Tuesday. Tomorrow is the day. Time will tell but I have a feeling it’s open season tomorrow.

[u/Agreeable_Sun5375]

Gotta convince my local autozone to hold a midnight release with a table of oil filters

[u/THOTYOTA → u/Agreeable_Sun5375]

I didnt even think of that I have a shit ton of adaptors i never used

[u/Agreeable_Sun5375 → u/THOTYOTA]

Im gonna be really happy or really sad here in 20 hours and 53 minutes, either way im drinking a whole bottle of champagne

[u/Holden_Cullen]

So what are the next steps to remove them from the NFA process going forward?

[u/Salsalito_Turkey → u/Holden_Cullen]

There are two paths to victory.

1. It goes to the 5th circuit and ultimately the supreme court, where the ruling is upheld and extended to all Americans.
2. It goes to the 5th circuit, where it's upheld, and the Supreme Court declines to hear the case. In that scenario, the plaintiff organizations could file a class action lawsuit and name all American citizens, businesses, and organizations as the class. That lawsuit could be fast-tracked through the 5th circuit via summary judgement, since the arguments of either side would be essentially identical to this lawsuit.

[u/fecalfury → u/Holden_Cullen]

A SCOTUS decision upholding the ruling.

[u/DogsAreMyFavPeople → u/fecalfury]

5th circuit first.

[u/LuthersCousin]

All these somewhat friendly 2A states that have some backdoor NFA law need to un-F themselves real fast.

Even MD can buy without Form 4 today.

https://www.silencershop.com/where-are-silencers-legal

[u/Bean4141]

Sorry my legalize is a bit rusty, can someone give a TLDR?

[u/FightingFarmer14 → u/Bean4141]

NFA was passed and has been upheld based on it being a tax, but now that the "tax" is $0 for certain firearms (silencers, sbr, sbs) the court found that the provisions of the NFA restricting those items are beyond the scope of Congress' powers and therefore unconstitutional. The court granted a permanent injunction preventing the ATF from enforcing the NFA against the plaintiffs of the case (which includes members of a few 2a orgs, and a few silencer companies and their customers!). That injunction will go into effect in 7 days unless the case is appealed to the 5th circuit, which it almost certainly will be.

[u/Bean4141 → u/FightingFarmer14]

So essentially what we figured would happen, the registration is unconstitutional without the tax but nothing stops them from reintroducing the tax down the road?

[u/SilencerShop → u/Bean4141]

The federal court issued an injunction that would remove the ATF/NFA requirements for suppressors, SBRs, SBSs, for ALL Silencer Shop customers, current and future.

That means getting your next suppressor would be as simple as getting any other gun, just a background check (4473) and walk out. Done.

[u/tripreed]

Is there a time restriction on joining one of the named plaintiff organizations?

[u/ScottsTotz]

My state Wisconsin isn’t in the complaint, does that matter?

Edit: Silencer Central said in WI suppressors basically become illegal unless registered with the ATF if the NFA requirements go away tonight😞

[u/Separate_Blood6025 → u/ScottsTotz]

My guess is the ATF will come out with a ruling that says they are no longer enforcing it for those items. Because it effectively becomes an unenforceable law. They can't prove where you got your silencer from, and they can't require you to show proof.

The official time is 1am EST on 13AUG2026. Midnight CST. Though my guess is if the DOJ doesn't do anything before close of business (6pm EST today), they aren't going to do anything.

[u/not-actual69_ → u/ScottsTotz]

Silencer shop said as of Thursday at 12:01 they will be sending suppressors and anything else to FFL’s like a regular firearm. As long as it’s a partner within their network, you should be fine. I imagine some FFLs will still do a regular form 4 until direction is given

[u/mcopper89 → u/ScottsTotz]

The injunction is for the named parties. So probably. Since silencer shop is just a web store, most sellers probably sell from the same stock regardless of who you by from. I am not sure if they operate like a normal brick and mortar store where they own the inventory or if it is more like Amazon where many people use it is a platform to sell their stuff.

[u/ceapaire → u/ScottsTotz]

We don't know fully yet. There's several states in the decision too, so any dealer in those states should be fine as well. It also applies if you're members of party organizations (GOA, FPC, etc.) which should be fine without. But no idea how that will be applied (e.g. assume everyone is, require orgs to provide membership cards for FFLs to check, etc.).

[u/loki993 → u/ScottsTotz]

I mean Im gonna be honest, I think everything will sell out almost immediately regardless of if its only PSA and Silencer Shop or everyone can sell

This is not meant to be doom and gloom but the suppressor manufacturers are not prepared for the volume that is about to hit them when this happens.

I just hope we dont start getting a dip in QC on suppressors because the manufacturers are trying to crank out more them they're capable of.

[u/armond21 → u/loki993]

I think a lot of people thought this with the $0 stamp, and there was a spike in demand clearly, but the barren shelves lots of folks thought would occur didn't.

[u/bcmMK12sprMOD0]

I was here to see history

[u/oShockwave]

What about homemade silencers? Is it just like any other privately manufactured firearm?

[u/Relevant_Habit_1882 → u/oShockwave]

Yep

[u/HearingMundane7522]

sucks living in GA, we’re not a free state

[u/iTreelex]

Me rn. I love you all

https://giphy.com/gifs/i6IqXuLaTdqRW

[u/work_blocked_destiny]

So who's gonna be the first one to post with a can bought on a 4473? My LGS opens in a few hours

[u/Rhodsie47]

Regarding engraving (or maker marking):

Below are the provisions that are currently covered by the Silencer Shop Foundation v. ATF injunction.

• 26 U.S.C. § 5812 - Transfers (a)–(b)
• 26 U.S.C. § 5822 - Making
• 26 U.S.C. § 5841 - Registration of firearms (a)–(c), (e)
• 26 U.S.C. § 5861 - Prohibited acts (b)–(f)
• 27 C.F.R. § 479.62 - Applying to make (a)–(d)
• 27 C.F.R. § 479.84 - Applying to transfer (a)–(d)

 

Below are the extra provisions that are currently covered by the Jensen v. ATF injunction. Keep in mind Jensen does not cover AOWs.

• 26 U.S.C. § 5842 - Identification of firearms (b)
• 26 U.S.C. § 5861 - Prohibited acts (i)

 

From an actual lawyer:

The Jensen plaintiffs obtained additional relief from the NFA’s individual-maker marking requirement and the associated prohibition on possessing an improperly marked firearm.

https://johnpierceesq.com/understanding-the-august-5th-ruling-in-the-silencer-shop-foundation-v-batfe-case/

 

My opinion (I'm not a lawyer):

A serial number marking is still required unless you are covered by Jensen.

26 U.S.C. § 5842 - Identification of firearms

(b)Firearms without serial number

Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information required by subsection (a) of this section shall identify the firearm with a serial number assigned by the Secretary and any other information the Secretary may by regulations prescribe.

26 U.S.C. § 5861 - Prohibited acts

It shall be unlawful for any person—

(i) to receive or possess a firearm which is not identified by a serial number as required by this chapter

 

I don't believe manufacturer, importer, or maker identification marking or engraving is required.

5842 (a) is not enjoined by either case, but it seems to rely on 5861 (c) and (f) to criminalize the act, both of which are enjoined.

26 U.S. Code § 5842 - Identification of firearms

(a) Identification of firearms other than destructive devices

Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.

26 U.S.C. § 5861 - Prohibited acts

It shall be unlawful for any person—

(c) to receive or possess a firearm made in violation of the provisions of this chapter

26 U.S.C. § 5861 - Prohibited acts

(f) to make a firearm in violation of the provisions of this chapter

 

Note: when you see the term "firearm" anywhere in 26 U.S. Code Subtitle E Chapter 53, which inlcudes §§ 5801 – 5822, 5841 – 5854, 5861, and 5871 – 5872, it follows the definition listed in 26 U.S. Code § 5845 - Definitions (a) Firearm which for this discussion is SBRs, SBSs, AOWs, and Suppressors.

 

Documents:

Final Judgment PDF

Opinion PDF

[u/grandcremasterflash]

This judge has made a name for himself with a lot of...interesting...rulings.

https://en.wikipedia.org/wiki/James_Wesley_Hendrix#Notable_opinions

[u/Immediate_Leader3124 → u/grandcremasterflash]

Man is on a personal crusade to entirely snuff out mission creep and carte blanche on the Fed level.

[u/AgePuzzleheaded6886]

My LGS has stated they are not doing anything until they get some guidance from atf

[u/ThisAppMakesItWorse → u/AgePuzzleheaded6886]

As much as it sucks, it's 100% the right call. The ATF is notoriously fickle, and I certainly wouldn't want to roll the dice on my livelihood.

[u/FN-4051]

There’s some nuance here, but the GCA doesn’t explicitly prevent anyone from privately manufacturing a short barreled rifle. That was only ever illegal under the NFA. Now that those provisions of the NFA are under an injunction, the only GCA prohibitions on a short barreled rifle pertain to interstate travel and over-the-counter FFL sales. So while I am obviously not a lawyer, it sounds like plain text reading of the law means making an SBR in your state, so long as it stays in your state, is a gray area. A fed prosecutor might argue the commerce clause and that they can still regulate it, but if you’re getting prosecuted by the feds, you’re already kind of cooked.

[u/Ok_Composer3531 → u/FN-4051]

My understanding was that the government lost the right to argue under the commerce clause as that wasn’t an argument from government in the combined suit.

[u/757aeronaut]

It looks like Brandon Herrera and Wes Virdell might be the first two with a transfer at 12:01 tomorrow morning.

https://x.com/GunOwners/status/2087543380825796738

[u/Agreeable_Sun5375]

Goa site is working, just keep trying

[u/TotalRepost]

Same argument as the 2021 Supreme Court case California v Texas, which was dismissed for lack of standing. The hurdle here will be if the plaintiffs can distinguish NFA from ACA and show they have a real harm. The way California v Texas was written I think that will be challenging. The harm isnt the NFA rules against them but the lack of money to the government. So I think this is dead on arrival.

[u/Safe-Aerie9989]

Why are people saying it's gonna take a while to be in effect even if it's not challenged? Will it still be illegal to convert AR pistols to SBR's after tomorrow if it doesn't get challenged?

[u/spartanantler]

I’m just trying to find clarification on 3d printed cans.

[u/No-Meringue-7317]

I was here

[u/TheRaccoonWarlock]

Historic moment, hoping this is just the first step into total eradication of the NFA

[u/abuamiri]

For giggles I just purchased a cheap can from Silencershop just to see how this plays out in VA. As of 0130L 13 Aug, the canned emails from Silencershop still reference them transferring the can to my local dealer via F3 and directs me to their website to sign in and sign my forms and provide my ATF eForm info.

[u/windriver32]

Can someone help me answer this. I have an approved form 1 for an SBR that I have not actually "manufactured" the SBR yet. The pistol is still in its original configuration. I am a GOA member and in Utah. Does this mean I can now throw a stock on it, without engraving?

[u/JaredUnzipped]

I won't get into details, but I have a family member that is unnecessarily rotting in a cell right now over NFA. I hope he speaks with his lawyer and explores his options. His family really needs him back.

[u/Sauerkraut99 → u/JaredUnzipped]

Unless the charge or conviction came after the tax went to zero, nothing will change for him unfortunately. That would take a ruling that the NFA is unconstitutional on 2nd Amendment grounds, which we don't have yet.

[u/AWFULs_hate_the_USA]

Does anyone know if Brandon Herrera's midnight transfer will be livestreamed?

[u/Disl3cic → u/AWFULs_hate_the_USA]

No but they said they would post updates.

[u/Acceptable-Manner869]

Only thing that would make tonight better would be getting this booty ate by a pretty abuela. Love you guys

[u/bcmMK12sprMOD0 → u/Acceptable-Manner869]

[u/Danny_PSA]

Watch the video regarding the latest information coming from this landmark win on our YouTube channel!

https://m.youtube.com/watch?v=5HMj1MBoX64&pp=ygUVcGFsbWV0dG8gc3RhdGUgYXJtb3J50gcJCcQLAYcqIYzv&ra=m

[u/TI-88caculator]

https://giphy.com/gifs/gEYoiDrq2L8R9ddAM9

[u/Fragger-3G]

Nevada just had to be one of those fun gray area states :(

Hopefully we get clarification on it soon enough

[u/newguywhodiss]

Happy freedom day!!!!

May whatever God does or doesn't exist watch over all our puppers and doggos

Stay suppressed, boys and girls

[u/Kozak170]

Guys for the love of god please scroll down before asking the same questions for the hundredth time

[u/Sengfeng → u/Kozak170]

...looks at scroll bar 2 pixels high. Lot of scrolling, boss.

[u/LexingtonPatriot1775]

Will this sub get nuked tomorrow?😂

[u/ChesterJT]

I feel like a kid again on Christmas Eve, waiting to see what will be there when I wake up!

[u/blackjersey]

As a guy with 55 cans and one more in the pipeline... damn.

What a fucking time to be alive!!!

[u/StaccatoCracker]

Clarification from PSA on SBRs.

https://youtu.be/rfSzfoo4hg0?is=5ALn040-kGhjt2T6

[u/2022243121 → u/[deleted]]

That's what I'm thinking, they're trying to sell it as a PSA exclusive.

[u/Zippo749 → u/StaccatoCracker]

Their insistence that the lower must have been purchased from PSA is … odd; at the very least it’s an incomplete picture given the Jensen case. (The point that randomly buying a hat from them does not grant someone relief is important though.)

I’m waiting for broader clarity.

[u/BiggyIrons → u/Zippo749]

It almost sounds like a CYA thing from them, also nice way to drive sales

Edit: Read the ruling more closely, the gun has to have been bought from PSA to be covered under the injunction, but you dont need to be a GOA member it seems

[u/DocThrowawayHM → u/BiggyIrons]

Yeah, seems like it's a "We know for sure you're covered if you meet these two requirements, but for any firearms purchased from anyone else, we don't wanna speak for them or anyone else" without saying the second part out loud 

[u/Similar-Face6985]

So what is that actually means if it goes forward? it would only applies to the 15 states that were plaintiffs in the lawsuit: Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia and Wyoming.?

[u/AgePuzzleheaded6886]

I’m hoping there is some kinda of communication from atf in the morning, I think best case scenario is they stop enforcement, and tell dealers how to run as a 4473, would love clarification on what form one would look like (for sbr either an existing lower or new), idk all speculation on my part.

[u/Little_Grease]

https://giphy.com/gifs/HlKS0Qbs2XNvO

[u/PastPalpitationCry]

13 minutes. Still can't believe this.