ATF Director Says Dealers Won’t Be Cited for 4473-Only Suppressor Transfers. Here’s What We Know.

If you’ve been following the suppressor news lately, you know things have been moving quickly, and not always clearly. We’ve had plenty of customers asking us some version of the same question: “Can I really buy a suppressor on a 4473 now?”

Until now, our answer at The Machine Gun Nest has essentially been that things appear to be moving in that direction, but we weren’t going to change our transfer process based on headlines or someone else’s interpretation of a court decision.

As an FFL, we have to look at these developments a little differently than the average gun owner reading about them online. There’s a big difference between discussing what a court ruling may mean and actually changing the way we transfer a federally regulated item across our counter. That’s why we’ve been waiting for clearer direction from ATF before making any changes.

Now, we have a significant new piece of information, and this time it came directly from ATF leadership.

What the ATF Director Said

At a recent FFL compliance event called The Briefing, ATF Director Robert Cekada was reportedly asked what ATF Industry Operations Investigators should do if they encounter a dealer who has been transferring suppressors using only a Form 4473.

According to reports from the event, Cekada said those dealers would not be cited for violations for those transfers. Former ATF NFA Division Chief Steve Albro reportedly added that the agency’s policy is to presume suppressors transferred on a 4473 were transferred legally.

That’s significant, especially for dealers like us who have been watching this closely but waiting for something more concrete before changing our procedures. It also appears consistent with reports from earlier this year that ATF inspectors had reviewed FFLs conducting 4473-only suppressor transfers without citing those dealers for the practice.

Hearing that something happened during an individual inspection is one thing. Hearing the Director of ATF explain how inspectors should treat those transfers is considerably more meaningful.

There is, however, still an important distinction to make.

We’re Still Waiting for Written Guidance

ATF has not yet published the formal written guidance dealers have been waiting for.

Cekada reportedly indicated that the guidance is still being developed and involves ATF, the Department of Justice and the White House. It is expected to address suppressors along with other questions that have come out of the recent legal developments involving NFA-regulated firearms.

For us, that distinction matters. Comments from the ATF Director about how the agency intends to handle these transfers are important, and they give us a much clearer picture of where things are headed. But formal written guidance gives an FFL something concrete to review before changing its compliance procedures.

That’s why we haven’t rushed to change the way we handle suppressors at TMGN.

We know some dealers have already begun conducting 4473-only suppressor transfers, and we completely understand why customers are excited about that possibility. The traditional NFA process has made purchasing a suppressor significantly more complicated than purchasing most other firearms, so simplifying that process would be a major change for both gun owners and dealers.

At the same time, we’re not interested in experimenting with your transfer — or our FFL — just so we can say we were first.

When the legal landscape began changing, there were plenty of opinions online about what dealers could immediately start doing. What we didn’t have was clear, formal direction from the agency responsible for regulating those dealers. So we made the decision to keep our existing process in place while we waited for more information.

The latest comments from ATF leadership are one of the strongest indications yet that 4473-only suppressor transfers are being treated as lawful by the agency. We think that’s worth sharing with our customers. We also don’t think it makes sense to skip the last step and act as though the promised written guidance has already been published.

What Does This Mean for TMGN Customers?

For now, our suppressor transfer process at The Machine Gun Nest has not changed. We’re continuing to follow our current procedures while we wait for ATF to put its guidance in writing.

Once that happens, we’ll review exactly what the agency says, determine what changes we can make to our process, and explain what those changes mean for customers buying suppressors here in Maryland.

If the final guidance confirms what ATF leadership is now reportedly saying, this could represent a significant change in the way suppressors are purchased and transferred. And if that happens, we’ll make sure our customers understand the new process rather than expecting you to piece it together from social media posts, legal opinions and conflicting headlines.

There has been a lot happening with suppressors and the NFA lately, and we know it can be difficult to separate an actual change in law or agency policy from an interpretation circulating online. We’d rather give you the correct answer a little later than give you the wrong answer first.

For now, the important development is that ATF leadership has reportedly said dealers will not be cited for transferring suppressors on a Form 4473. Formal written guidance has not yet been released, and that’s what we’re waiting for before changing our process at TMGN.

As soon as that guidance is published, we’ll break it down, explain what it means for Maryland suppressor buyers, and let you know exactly what the buying process will look like at The Machine Gun Nest.