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A federal court has blocked the ATF from enforcing major portions of the National Firearms Act against certain plaintiffs, organizations and customers.
That sounds simple. It isn’t.
The injunction is already in effect, but it does not apply nationwide. Several other federal and state restrictions also remain untouched.
The National Shooting Sports Foundation has now released guidance explaining what the decision means for gun owners and federal firearms licensees.
Here are the brass tacks.
Table of contents
What Did the Court Decide?
On Aug. 8, a federal judge in Texas ruled that major NFA requirements involving suppressors, short-barreled rifles and short-barreled shotguns are unconstitutional.
Congress reduced the making and transfer taxes on those items to zero through last year’s One Big Beautiful Bill.
The court found that registration, approval and other regulations tied to collecting those taxes could no longer be justified through Congress’s taxing authority.
The court permanently blocked the ATF from enforcing those requirements against the plaintiffs covered by the injunction.
However, this was not a nationwide injunction.
Who Is Covered?
The injunction covers the named plaintiffs, their current and future members, and certain customers of participating businesses.
Covered organizations include:
- Firearms Regulatory Accountability Coalition
- Gun Owners Foundation
- Gun Owners of America
- Texas State Rifle Association
- Citizens Committee for the Right to Keep and Bear Arms
- FPC Action Foundation
Several firearms companies are also plaintiffs. Those include B&T USA, Palmetto State Armory, SilencerCo Weapons Research and Silencer Shop Foundation.
Hot Shots Custom is a plaintiff in the related Jensen v. ATF case.
According to NSSF, transactions conducted by covered businesses or organization members may receive protection under the injunction.
That protection does not necessarily follow the customer everywhere afterward.
Living in a Plaintiff State Is Not Enough
Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming joined the case.
That does not mean every resident of those states is automatically covered.
The injunction protects the states’ agencies and political subdivisions. It does not extend to their residents simply because they live there.
Suppressors Appear to Have the Clearest Path
NSSF says the ruling appears to provide the clearest route for covered suppressor transactions.
The situation remains less certain for SBRs and SBSs.
A separate federal law prohibits licensed businesses from delivering an SBR or SBS without authorization from the attorney general.
NFA approval previously served as that authorization. Because the court did not block this separate provision, NSSF says the existing NFA process may remain the only available path until the ATF provides another one.
In plain English, covered buyers should not assume SBRs and SBSs can now transfer exactly like ordinary rifles or shotguns.
Interstate Travel Is Another Problem
The court did not block NFA provisions involving interstate commerce or imported firearms.
NSSF believes that could require an NFA item to remain registered before it moves between licensees in different states.
It could also create questions for someone who purchases an unregistered suppressor under the injunction and later:
- Moves to another state
- Travels across state lines for hunting
- Ships it out of state for repairs
- Takes it outside the country and later reimports it
The ATF has not established a way to register one of these suppressors later if the owner needs to travel or move with it.
Background Checks Still Apply
The court did not block any part of the Gun Control Act.
Suppressors and covered AOWs still require a background check and Form 4473 when purchased from an FFL. Normal federal marking and recordkeeping requirements also remain in place.
The ruling does not turn suppressors into completely unregulated products.
AOW Coverage Is More Limited
The injunction covers “Any Other Weapons,” or AOWs, only for plaintiffs connected to the Silencer Shop case.
AOW transactions involving members of the Texas State Rifle Association, CCRKBA or FPC Action Foundation are not covered.
State Laws Still Matter
States can impose their own restrictions on suppressors and other NFA firearms.
Some state laws specifically require federal NFA registration. Possessing an unregistered item in one of those states could therefore create a separate state-law problem, even if the federal transaction was covered by the injunction.
Other states require only that the item be legal under federal law. NSSF says it remains unclear whether protection under the injunction satisfies that standard.
What Happens Next?
The Justice Department declined to request an emergency stay, allowing the injunction to take effect.
However, DOJ has until Oct. 5, 2026, to appeal or seek a stay of the final judgment.
NSSF has asked the ATF to issue formal guidance. Until that happens, dealers and buyers face several unanswered questions.
The bottom line is straightforward: this is a major ruling, but it did not simply erase the NFA for everyone.
The clearest relief appears to involve suppressor purchases through covered businesses and organizations. SBRs, SBSs, interstate movement and state-law compliance remain far more complicated.
NSSF recommends that FFLs speak with their attorneys and contact their local ATF offices before changing transfer procedures. Its guidance is informational and does not constitute legal advice. NSSF’s complete guidance is available here.
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