A Historic Change to the NFA

For the first time in more than 90 years, Americans have legally taken possession of suppressors without going through the National Firearms Act registration process.

That's a pretty remarkable sentence to write.

But if you've been following the news today, you've probably also seen everything from "the NFA is dead" to "suppressors are now over-the-counter."

As usual when firearms law changes, the reality requires a little more explanation.

First, What Changed With the NFA Tax?

The National Firearms Act has regulated suppressors and certain other firearms since 1934. For decades, purchasing a suppressor generally meant submitting an ATF Form 4, registering the suppressor under the NFA, paying a $200 federal tax and waiting for ATF approval before taking possession.

Congress changed part of that system with Public Law 119-21.

The law reduced the federal NFA making and transfer taxes to $0 for suppressors, short-barreled rifles, short-barreled shotguns and certain other NFA firearms. Machine guns and destructive devices remain subject to the $200 tax.

Importantly, eliminating the tax did not automatically eliminate the rest of the NFA process. The registration and approval requirements remained.

And that's where the courts came in.

The Court Ruling That Changed Things Again

Gun Owners of America, Gun Owners Foundation, Silencer Shop Foundation, Palmetto State Armory, SilencerCo, B&T USA and others challenged the remaining NFA requirements in federal court.

Their argument was relatively straightforward: the NFA's regulatory system had historically been justified as an exercise of Congress's taxing power. If Congress reduced the tax on these firearms to zero, could the federal government continue requiring registration and approval in order to collect a tax that no longer existed?

On August 5, 2026, U.S. District Judge James Wesley Hendrix ruled that key portions of the NFA could no longer be enforced against the covered plaintiffs, members and customers.

The ruling blocks enforcement of federal registration requirements and Form 1 and Form 4 application requirements for covered firearms and protected parties.

The court delayed the effect of its judgment for seven days to give the federal government an opportunity to seek appellate relief.

That seven-day period has now expired.

What Happened on August 13?

Shortly after midnight on August 13, Gun Owners of America members Brandon Herrera and Wes Virdell took possession of suppressors through Silencer Shop without submitting a Form 4 or registering those suppressors under the NFA.

GOA says ATF and the Department of Justice had been notified in advance of the planned transfers and did not object.

According to GOA, these were the first lawful suppressor transfers without federal NFA registration since the law was enacted in 1934.

That's why today is such a significant day for Second Amendment advocates.

So Can You Walk Into a Gun Store and Buy a Suppressor Without a Form 4?

This is where we're going to tell you something that may be less exciting, but is much more useful: Don't assume that yet.

The court's injunction protects specific plaintiffs and certain members and customers associated with the organizations and businesses involved in the lawsuit. Exactly how the ruling will be implemented across the firearms industry — particularly for dealers who weren't directly involved in the lawsuit — still requires clarification.

State laws also continue to matter.

We're in Maryland, so we're paying particularly close attention to how the federal ruling interacts with Maryland law and what guidance dealers receive regarding suppressor transfers.

What Does This Mean for TMGN Customers?

Potentially, quite a lot.

If the ruling ultimately results in suppressors being transferred without the traditional NFA registration and approval process, one of the largest barriers to suppressor ownership in America will have disappeared.

But we're not going to get ahead of the law.

Our team is watching the ruling and the guidance that follows it closely. As soon as we have clear information about how suppressor transfers can legally be handled here in Maryland and at our shop, we'll let you know.

If you've thought about owning a suppressor before but didn't want to deal with the NFA process, this is definitely a development worth watching.

For now, today deserves to be recognized for what it is: a historic change in federal firearms law and one of the most significant challenges to the National Firearms Act since it was enacted 92 years ago.

**This article is for general informational purposes and is not legal advice. Firearms laws can change quickly, and federal, state and local laws may apply differently depending on your circumstances.