FAQs - ATF Guidance

Is my FFL covered by the ruling?

Yes. FFLs in free states who buy inventory from Silencer Shop are considered customers, and the court’s order covers the plaintiffs, their members and their customers. As of October 9, 2026, ATF also applies the same non-enforcement policy to every FFL, whether or not covered by the court’s order.

If you are in a free state, you are in one of these:

Free States — 27

Suppressors & AOWs are GCA items — no Form 4 needed

This list is for suppressors and AOWs. SBRs and SBSs have their own state list in the Where SBRs and SBSs Are Legal section near the end of this document, and on our live SBR and SBS map. These lists can change, so check back for updates.

Are my shop’s customers covered by the ruling?

Yes, in a free state. Your customers who buy suppressors or AOWs that originated from Silencer Shop are covered by the court order. The order reaches SBRs and SBSs too, with one extra rule covered below.

Do my customer and I need to be members of anything?

No. Product that originated from Silencer Shop is covered without any membership. If you and your customer are both members of a co-plaintiff group such as GOA or FRAC, ask that group how your membership may cover you.

Are Form 3s still required?

ATF no longer requires them. As of October 9, ATF says Form 3s between SOTs are voluntary, and that it will not enforce the rule against shipping unregistered items across state lines. We are still filing a Form 3 on every silencer, SBR, SBS and AOW we ship, for two reasons. First, the item lands on your books registered, so you can sell it with a Form 4 or without one (eForms will not allow you to file a Form 4 if the serial number isn’t registered to you). Second, the court order does not clearly cover interstate shipping. Only ATF’s policy does, and a policy can be withdrawn.

Do my customers need a Form 4?

In a free state, not for silencers and AOWs that originated from Silencer Shop. Those are covered by the court order. In approved states, SBRs and SBSs can now be sold without a Form 4 as well. In NFA states, keep filing Form 4s, because state law still calls for registration. Product that did not originate from Silencer Shop is not covered by the court order. As of Oct. 9, 2026, ATF says it will not enforce the Form 4 requirement on that product either, but that is a policy ATF can withdraw, not a court order. Any customer can still choose a Form 4.

Do I still need a kiosk?

Yes. You need it for every Form 4, and Form 4s are not going away. The Kiosk also has revenue generating tools for your shop beyond just collecting customer information. The Kiosk still covers sales in NFA states, SBR and SBS sales outside the approved states, and any customer who wants their item registered.

What about the tax stamp?

The stamp has been $0 since January 2026, so that’s old news. The real change: ATF is no longer enforcing the registration requirement behind it for suppressors, SBRs, SBSs and AOWs.

Should I sell all suppressors and AOWs as GCA items now?

Not automatically. Check three things first.

Are SBRs and SBSs covered?

Yes, with one extra rule. The court order covers the NFA side. The Gun Control Act separately requires Attorney General authorization before a dealer sells an SBR or SBS, and the Form 4 used to supply it. On October 9, ATF said it will not enforce that rule while it writes new regulations. So in approved states, you can sell SBRs and SBSs without a Form 4. More details are coming. Tell your customer that crossing state lines with an SBR or SBS still requires an approved Form 20.

Is the free states list the same for SBRs and SBSs?

No. The free states list above is for suppressors and AOWs. SBRs and SBSs have their own map showing where they are legal, and some states treat SBRs and SBSs differently. Use the SBR and SBS state list at the end of this document, or the live SBR and SBS map, for those products. These lists can change, so check the live maps for the latest.

How long does it take now?

In a free state, we ship to your FFL, usually in a couple of days. Your customer fills out a 4473, passes a NICS check and takes it home, just like a rifle or handgun. Under the Court’s August 5, 2026 order, that process applies to silencers and AOWs that originated from Silencer Shop and sold in free states. ATF’s Oct. 9, 2026 guidance extends this process to SBRs and SBSs in approved states.

Can customers get a machine gun or destructive device this way?

No. The ruling and ATF’s policy cover suppressors, SBRs, SBSs and AOWs. Machine guns and destructive devices keep every NFA rule and the $200 tax.

I sold a registered item without a Form 4. What about my NFA inventory?

You can write the NFA Division at [email protected] to request removal. Tell your customer first: if you or your customer want to transfer that serial number using eForms in the future (for example, in a sale to a state that requires NFA registration), you won’t be able to if you remove the serial number from the registry. ATF may change this in eForms in the future, but the current technology does not allow it.

Do I still need my SOT?

Yes. The special occupational tax still applies to anyone dealing in silencers, SBRs, SBSs or AOWs, and ATF did not pause it. Every sale also still needs a 4473, a NICS check and a bound-book entry.

This section is for SBRs and SBSs only. For suppressors and AOWs, use the free states list at the top of this document. State law differs by product and these lists can change, so check our live SBR and SBS map for the latest. This summary of state law is for educational purposes only.

No State Restrictions — 15

SBRs and SBSs are legal, with no state SBR or SBS restrictions

Legal, Form 4 Process Still Required — 23

SBRs and SBSs are legal, and the state still requires the NFA Form 4 process

Mixed — 6

SBRs and SBSs are treated differently

Not Legal — 7

SBRs and SBSs are not legal

Dealer Support

512-843-0017 — Option 1: Sales, Option 2: Support

This is a summary, not legal advice. Compliance questions go to Dealer Support or your own counsel.