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We sued the ATF and won.
A federal court barred the ATF from enforcing NFA registration against Silencer Shop customers (dealers and their customers who buy silencers/AOWs that originated from Silencer Shop), with the order taking place starting August 13, 2026.
The Ruling
For FFLs in free states, suppressors and AOWs that originate from Silencer Shop are treated as GCA items. Your customer only needs to complete a Form 4473 and pass a NICS background check — no Form 4, tax stamp, registration, or wait required.
If your customer buys a suppressor or AOW using your existing Silencer Shop inventory and any new Silencer Shop inventory purchased through the website (selecting your FFL for pickup) or your dealer rep, in a free state, you and your customer are covered under the injunction in Silencer Shop Foundation v. ATF.
Where This Applies
State-by-state Form 4 requirements for suppressors and AOWs.
Free States — 27
Free States
Suppressors & AOWs are GCA items — no Form 4 needed
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
NFA States — 15
NFA States
State law requires a Form 4 filing
Alaska
Colorado
Connecticut
Georgia
Michigan
Mississippi
Montana
Nevada
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Washington
Wisconsin
Banned States — 9
Banned States
Prohibited regardless of this ruling
California
Delaware
Hawaii
Illinois
Massachusetts
New Jersey
New York
Rhode Island
Washington, D.C.
WHAT’S CHANGING FOR YOU
Free states: no Form 4, no tax stamp, no registration, and no wait for suppressors and AOWs that originated from Silencer Shop. Your customer just needs a 4473 and a NICS background check.
NFA states: suppressors and AOWs still require a Form 4 under local state law.
SBRs and SBSs still require a Form 4 in all 42 legal states — this is a separate GCA requirement (Attorney General approval), not part of the NFA, and is unaffected by this ruling. The Form 4 is currently the only form ATF makes available for that approval, which is also why it includes the transferee necessity statement for SBRs/SBSs. (This could change if ATF creates a new form for that type of transfer.)
Silencer Shop Kiosks will continue to make the process fast and easy for suppressor/AOW sales in NFA states, especially in the case of SBRs and SBSs, which still require that Form 4 process for approval. More Kiosk features — including point-of-sale and 4473 services — are on the way.
Need Help?
Dealer Support
512-843-0017 — Option 1: Sales, Option 2: Support
Full Auto Line
737-371-9491