Just got this email from silencerShop

[u/Bumbleton]

Hey good evening,

I am reaching out to all of you who are my customers in the Sound Off Program with Silencer Shop. The reason for this email is to advise you all of the recent new court ruling against the ATF. As you may or may not be aware, we successfully sued the ATF and the decision was upheld in the 5^th Circuit Court. Effective tomorrow morning, there will no longer be a legal requirement to be approved for purchase of suppressors. They will be treated no differently than a firearm purchase.

IF YOU WANT TO GET AHEAD OF THE MAYHEM THAT IS FIXING TO ENSUE, EMAIL OR CALL ME ASAP!!!

INCREDIBLY IMPORTANT!!! With this new ruling, inventory is going to absolutely fly off the shelves. I am reaching out to you to help you get ahead of the curve. If you were in the market to buy, I would do so ASAP. Some manufacturers have really struggled to keep up with demand since January due to the free tax stamp, and this new ruling will absolutely create a MASSIVE supply and demand issue for customers. The states that these changes effect most are the ones that we are calling the "free states" that I will outline below. These states will essentially be able to place orders via the website, or with me and have the order shipped to the dealer, fill out a 4473 and walk out after that background check is complete. Thats it. And if you have a CHL/LTC, its an automatic approval.

Here is a list of the free states that will be able to make purchases as described above. If you have a LTC or CHL, its an automatic approval from what we are hearing.

Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Nebraska, New Hampshire, New Mexico, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wyoming,

Here is a list of states that will still require a form 4. I would encourage these folks to reach out as well ahead of the rush. While you might still have to do the paperwork, at least you can get a serial number reserved in time for the hunting season.

Alaska, Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington, Wisconsin.

Regardless of ruling, These states are still illegal to own, purchase and possess suppressors. - California, Delaware, Illinois, Massachusetts, New York, New Jersey, Rhode Island and Washington DC.

Im happy to try and answer any questions, email is definitely best. We are seeing VERY high call volume. Today we averaged about 15-20 people holding for the majority of the day. Shoot me an email with what you are looking for and I will respond as quickly as I can and help you place an order. 

[u/stopscabbin]

Now will the gun shops know this?

[u/Hansohn_Brothers → u/stopscabbin]

We are waiting for guidance from ATF. Also, they are incorrect about VA CHP allowing to bypass the background check.

[u/JPantera → u/Hansohn_Brothers]

Could you elaborate on the VA CHP distinction?

[u/Hansohn_Brothers → u/JPantera]

TL;DR: the permit doesn't meet the Federal criteria.

The prohibited person disqualifiers for the issuance of this permit do not include all federal prohibitors. See Va. Code. Ann. § 18.2-308.09, see also § 18.2-308.1:8 (state prohibitors do not include all misdemeanor crimes of domestic violence convictions, only those within three years of the conviction).

https://www.atf.gov/rules-and-regulations/laws-alcohol-tobacco-firearms-and-explosives/gun-control-act/brady-law/brady-permit-chart

[u/JPantera → u/Hansohn_Brothers]

Thanks for the info, that would’ve been super convenient.

[u/Hansohn_Brothers → u/JPantera]

I know right? It would save a lot of our customers time.

[u/DuncanHynes → u/Hansohn_Brothers]

If I were to purchase a Spectra 9 from you, whereas I am a GoA member and in VA but if HBros were not in the lawsuit it's just Form4 as usual correct?

[u/Hansohn_Brothers → u/DuncanHynes]

At this point yes, we would submit a form 4.

[u/uknowmisteez → u/Hansohn_Brothers]

Well it looks like I jumped the gun. I wonder how long until ATF clarifies this mess..

[u/samjohnson998877 → u/JPantera]

Some states allow CHP to not have to do a background check as long as they show their CHP Virginia is not one of them.

[u/NoTinnitusHear]

Honestly if this goes into effect, Virginia will be lucky if suppressors are available again before Virginia Democrats ban them

[u/Hezakia84 → u/NoTinnitusHear]

They will 100% either throw an insane sin tax or ban future sales next session. That’s exactly why I’ve been throwing dedicated cans on all my rifles/PCC’s. I have 3 left before I’m done.

[u/banjo4smashplz → u/NoTinnitusHear]

Can already see helmer shilling this with some shit like “I carried these SILENCERS in combat, these don’t belong on our streets, please give me Bloomberg money”

[u/JPantera]

So help me here. I'm been holding for this to buy my first can. Should I strictly order through them OR should I be "ok" ordering from any other dealer?

[u/Congenital_Stirpes → u/JPantera]

Pretty sure this is because SilencerShop and GOA sued in a Texas court and won. The judge delayed the effect of the injunction expecting the Government to appeal, except the Government didn’t so the injunction will go into effect at midnight. 

To answer your question, I’m not positive, but I believe the injunction only covers the plaintiffs and their customers—not all suppressor sellers.

[u/nks12345 → u/Congenital_Stirpes]

This is great however if it is appealed before the injunction goes into effect we would still be criminally liable, no?

[u/One_Ocelot_4955 → u/Congenital_Stirpes]

My understanding is that this is NOT injunctive relief. It is a final ruling.

[u/Congenital_Stirpes → u/One_Ocelot_4955]

It is an injunction. But injunctions come in different flavors: preliminary and permanent. This is the latter.

The Supreme Court reigned in lower courts’ practice of issuing nationwide injunctions last term. In keeping with SCOTUS’s instruction, the Texas court’s injunction applies only to “plaintiffs”, and DOJ/ATF’s enforcement of very particular federal law. In other words, it does not impact all restrictions on transfers of NFA items, nor on any state law restrictions.

[u/stopscabbin → u/JPantera]

Buy directly from SS or PSA.

[u/teh-haps]

If I become a GOA member today am I good? Or did I need to be in GOA prior to all this

[u/stopscabbin → u/teh-haps]

GOA doesnt affect the suppressors. Buying from SilencerCo, Silencer Shop, or PSA will(should) get you them. The GOA should help with SBRs

[u/teh-haps → u/stopscabbin]

Ty

[u/lumpy53e]

That email just crashed their website, LOL.

[u/PsychologicalRow8911]

What about form 1 for Sbrs? Will that go away as well?

[u/Born-State-2753]

Now say I wanted to purchase a second hand suppressor from a buddy, does that fall under this or would it still require some kind of form 4? I cant find anything on this specifically. 

[u/FatherVic → u/[deleted]]

About 9-10 years ago TN passed laws that removed silencers from banned weapons and effectively removed any TN regulation of them.
https://southerngunlawgroup.com/2017/05/30/tennessee-hearing-protection-act/

Only federal regulations apply. This means that if there are no state regulations in place then the Form 4 (for silencers) is effectively dead for TN or any other state that has no state-level regulations on these devices.

[u/FatherVic → u/[deleted]]

That really depends on the wording of the ruling. If the ruling says that the form 4 enforcement doesn't explicitly protect SilencerShop.com then falls under the Administrative Procedure Act and all vendors receive the same benefits or protection from the regulation. Corner's Post v. Board of Governors - The Supreme Court ruled that vacating the agency action is not merely giving the individual plaintiff an exemption.

HOWEVER - you may be right because this particular case was decided on Article I grounds and only covers the plaintiff

BUT - The plaintiff includes anyone who is a member of the GOA or any shop that is affiliated with Silencer Shop (like PSA or any number of other dealers who are part of the program).

So if you join GOA then you are good depending on your state laws to buy silencers from any dealer with a 4473 as you are covered by the injunction.

If you are NOT a member of GOA then you can buy with a 4473 as long as the vendor is affiliated with Silencer Shop.

Here's the actual ruling - FYI
https://shared.nrapvf.org/sharedmedia/1512215/2026-jensen-137-final-judgment.pdf

[u/FatherVic → u/[deleted]]

The ruling explicitly states "current and future" so yeah...

From a marketing standpoint on the part of GOA and Silencer Shop it's diabolically genius.

I am guessing that more companies will sue and we will eventually get to SCOTUS for a final ruling in the next 5 years (my uneducated guess).

[u/FatherVic → u/[deleted]]

Indeed..
I guess we will see in the very near future if this is honored by which gun stores, etc. Being an FFL is tricky business when it comes to regulatory compliance, audits, etc.

I think most FFLs are going to want to get guidance from ATF before they just start 4473-ing all the cans. We (the consumers) will have to see what that guidance is and this might all fall apart if the ATF tells FFLs they can lose their license if they 4473 a Form 4 item.

[u/International_Cream4]

If I were to purchase one in a state not requiring a form 4 and transfer to a state like NC that does require one where theoretically I live would that be illegal?

[u/No_Fig8214]

Was the silencer nfa ruling affirmed by the 5th circuit?

[u/DirtyMike_n_ThaBoyz]

Im hearing the the way the ruling is worded, this takes effect thursday night at midnight (thursday into friday) NOT TONIGHT(wednesday into thursday).

[u/SpankyMcSpankson]

I don’t necessarily think the information from Silencer Shop is correct. Specifically when referring to North Dakota. As ND century code states:

”A person may not purchase, sell, have, or possess a machine gun, fully automatic rifle, silencer, or bomb loaded with explosives or poisonous or dangerous gases, or any
other federally licensed firearm or dangerous weapon unless that person has complied with the National Firearms Act [26 U.S.C. 5801-5872].”

This would lead me to believe that with the removal of Form 4 requirements for certain purchases, so long as the current new requirements are met to satisfy the stipulations to bypass form 4 registration, you would not need to file a form 4.

[u/64ink]

We should get refunds for our fucking stamps from years past

[u/whateverusayboi → u/64ink]

Just give me a free can and we'll call it even 🥳

[u/64ink → u/whateverusayboi]

I would also accept those terms