NFA Legal Tracker

Held that once Congress zeroed the NFA making/transfer tax on suppressors, SBRs, SBSs, and AOWs, the taxing-power basis for those items’ registration requirement disappeared. Machine guns and destructive devices untouched. The court’s relief runs only to named plaintiffs, their members, and their customers. ATF’s separate 10/9 policy now applies the same approach to everyone, but as enforcement discretion, not as a court order. Status: final, not appealed.

Second Amendment Foundation, NRA, Firearms Policy Coalition, and American Suppressor Association, alongside individual plaintiffs, seeking to strike NFA registration for suppressors and SBRs entirely. Missouri’s separate state suit was consolidated into this case in September and states were added by amended complaint. Cross summary judgment motions were argued 2026-08-10 and remain under submission.

Why it matters: same taxing-power theory as Silencer Shop Foundation, but a different judge and a much broader plaintiff bench, national organizations and now several states. That injunction only protects named plaintiffs, Silencer Shop customers, and a short list of co-plaintiff members. A plaintiffs’ win here could extend similar protection to NRA/ASA/FPC/SAF members nationwide. ATF’s nationwide nonenforcement policy now covers much of the same practical ground, but a policy can be reversed by a future administration and a court ruling cannot, which is why this case and Roberts still matter.

Defendants: Pamela J. Bondi (AG), ATF, Daniel P. Driscoll, DOJ. Amici supporting Defendants: Brady Center, Everytown, Giffords, City of Baltimore, City of Columbus, Harris County (TX).

Third of the coordinated suppressor challenges, filed by T.J. Roberts, Buckeye Firearms Association, JPFO, American Suppressor Association Foundation, and others, building directly on Brown and Jensen. Cross summary judgment motions are now fully briefed, with oral argument set.

Defendants: Pamela J. Bondi, ATF, Daniel P. Driscoll, DOJ. Amici supporting Defendants: Brady Center, Everytown, Giffords, City of Baltimore, City of Columbus, Harris County (TX).

Senate reconciliation kept NFA registration but zeroed the making/transfer tax on suppressors, SBRs, SBSs, and AOWs to $0, effective Jan 1, 2026. This is the fact pattern the Texas injunction was built on, and it holds regardless of how that litigation resolves.

Would remove suppressors from NFA regulation entirely, registration and all, not just the tax. Referred to committee, not enacted. No committee activity found as of 2026-10-09 (congress.gov was serving a bot-check page this pass, so not re-verified directly there; last direct check 2026-09-18 showed referral only).

Same goal as H.R. 404, full removal of suppressors from the NFA. Referred to committee, not enacted.

The guidance ATF promised on 2026-08-29 is out. As of 2026-10-09 ATF no longer enforces NFA approval, registration, tax-stamp, interstate-transport, and marking requirements for suppressors, SBRs, SBSs, and AOWs against anyone, by enforcement discretion. It is a policy, not a repeal, and ATF says enforcement could resume if the injunction is dissolved, Congress imposes a new tax, or DOJ rescinds the policy. Still to come: the SBR and SBS dealer-transfer form and regulations ATF says it is drafting.

ATF’s 10/9 policy only covers federal enforcement. FPC says 15 states still tie the legality of silencers, SBRs, SBSs, or other covered arms to federal NFA registration, so buyers there may not be able to use the federal change without risking a state violation. ATF says it will keep processing Forms 1 and 4 for people in those states. This is an advocacy group’s list and request, not a state action, and we have not checked each state’s statute. Check your state’s law before buying. Status: watching.