We’re back with a second lawsuit to make sure New Mexico cannot trample on your Second Amendment rights. 
In August, Mountain States Legal Foundation secured a major victory against New Mexico’s unconstitutional seven-day firearm waiting period in Ortega v. Grisham. The Tenth Circuit ruled that the state cannot force people to wait seven days to take possession of a firearm when they have already passed the federally required background check, except when that check has not cleared within three days. This summer, a federal district court entered final judgment protecting our clients from enforcement of the law. 

But there’s a problem: New Mexico says that victory applies only to the two people we represented in court. The state intends to continue enforcing the waiting period against everyone else, threatening law-abiding buyers and sellers with potential criminal charges. 

We won the legal fight. Now, we’re fighting to make sure every New Mexican can benefit from that victory. 
On October 19, MSLF’s Center to Keep and Bear Arms and its colleagues at Clement & Murphy, alongside the National Shooting Sports Foundation (NSSF), the National Rifle Association (NRA), and the Second Amendment Foundation (SAF), filed a second lawsuit against New Mexico in National Shooting Sports Foundation, Inc. et al v. Torrez. 

Our goal is straightforward: secure a ruling that prevents the state from enforcing this unconstitutional waiting period against anyone who passes the federally required background check, not just the clients named in our original lawsuit. 
The Constitution does not protect the right to keep and bear arms only for those who can afford to bring a lawsuit or happen to be named in one. When a court recognizes that a law violates the Constitution, that victory should mean something beyond the courtroom. 

New Mexico has made clear that it will not stop enforcing this law against everyone else without another court order. So, we’re going back to court to seek that order. 
Protecting your constitutional rights means more than winning a case. It means making sure that victory counts. 
Thank you for standing with MSLF as we continue to defend the Second Amendment and the constitutional freedoms of all Americans. 

Sincerely, 
Michael McCoy 
General Counsel and Director of MSLF’s Center to Keep and Bear Arms 
Mountain States Legal Foundation 
 
 
 
 
Our Contact Information
Mountain States Legal Foundation
2596 S. Lewis Way
Lakewood, CO 80227
303-292-2021
http://www.mslegal.org

 

You all have probably already known the New Mexico 7 day wait is still in full force and the Governor has said she and her department will be enforcing the law for all New Mexico FFL dealers.

ABQ GUNS is performing from 4473 Background check on certain Suppressors for New Mexico residents. call 505-899-1144 for more information.

ABQ GUNS is looking for a couple of part time individuals.

Must have good customer service skills,

Able to read and wright legibly,

Able to follow directions,

be a team player,

willing to learn new and exciting information concerning all types of firearms and suppressors.

Preferred, former military or retired personnel. But it’s not a deal breaker if your not.

Submit a resume to info@ABQGUNS.com if interested. The schedule will be assessed upon hire

Arnie

ALL OTHER SUPPRESSORS NOT FROM SILENCERSHOP ARE PROCESSED THROUGH THE NORMAL PROCESS OF USING THE FORM 4 AS USUAL.

PLEASE USE THE LINK BELOW TO ORDER ALL OF YOUR SUPPRESSORS FOR ABQ GUNS

6301 RIVERSIDE PLAZA LN NW STE 3 ALBUQUERQUE, NM 87120

505-899-1144

https://www.silencershop.com/abq-guns-albuquerque-guns

Are Form 3s still required?

Yes — Form 3s are still required for interstate transfers of

Silencers, SBRs, SBSs, and AOWs. That process isn’t covered by

the injunction.


DEALER UPDATE
AUGUST 13, 2026


Frequently Asked Questions
What dealers are asking about the ruling

Is my FFL/shop covered?
Yes — FFLs in free states who buy inventory from Silencer Shop are considered customers under the
court’s order, which covers the plaintiffs, their members, and their customers.

Are my customers covered?
Yes, if the suppressor or AOW originated from Silencer Shop and the sale is in a free state. Coverage turns on the item’s origin, not just the sale location.

Do we need to be members of anything?
No. Being a Silencer Shop customer with a Silencer Shop-origin item is enough. Advocacy group
memberships may add further coverage — check with them directly.

Are Form 3s still required?
Yes — Form 3s are still required for interstate transfers of silencers, SBRs, SBSs, and AOWs. That process isn’t covered by the injunction.

Do customers need a Form 4?
Not in free states, for Silencer Shop-origin suppressors/AOWs. Still required in NFA states, and
for SBRs/SBSs everywhere (a separate GCA/AG-approval requirement).

Can I still use my Kiosk?
Yes — for FFLs in NFA states, and for FFLs selling SBRs/SBSs in the 42 legal states, since the Form 4 is currently the only form available for the required AG approval. More Kiosk features (the ability for customers to place their orders with your shop, and 4473 services) are coming.

What about the tax stamp?
Already eliminated in January 2026 — not new. What’s new is that the registration requirement behind it is gone too, for Silencer Shop-origin items in free states.

Should I sell everything as a GCA item now?

No — only Silencer Shop-origin suppressors/AOWs sold in free states qualify. Everything else still needs a standard Form 4.

Are SBRs/SBSs covered by the injunction?
No. Form 4s are still required to sell SBRs/SBSs, due to a separate GCA provision requiring Attorney General approval — the Form 4 is currently the only form ATF makes available for that approval. That’s also why the Form 4 includes the transferee necessity statement for SBRs and SBSs.

How long does it take now?
In free states: we ship to your FFL (usually a couple of days), then your customer completes a 4473 and NICS check and can leave the same day.

Are full-auto weapons or destructive devices covered?

No — only suppressors and AOWs qualify for
now. Machine guns and destructive devices are not covered by this ruling. (SBRs and SBSs could
become eligible in the future if ATF creates a new form for that type of transfer.)

Texas NFA Case

Judge James Wesley Hendrix out of the Northern District of Texas invalidated key components of the nearly 100-year-old National Firearms Act (NFA) in more than a dozen states.

This was a pair of consolidated cases—Silencer Shop Foundation v. ATF and the NRA-supported Jensen v. ATF—brought in the U.S. District Court for the Northern District of Texas. The plaintiffs challenged the continued enforcement of certain National Firearms Act (NFA) registration and approval requirements for suppressors (silencers), short-barreled rifles, and short-barreled shotguns after Congress eliminated the NFA’s transfer and making taxes on those items.

On August 5, 2026, Judge Wesley Hendrix held that those registration and approval requirements exceed Congress’s constitutional authority once the taxes were removed. The court issued a permanent injunction (initially stayed until August 12, 2026) blocking enforcement of the challenged provisions against the plaintiff groups, their members, and customers (current and future) as applicable. The injunction does not apply to all eligible NFA purchasers or to all NFA items.

New Mexico is considered a FREE STATE for NFA transfers.

We have so many unanswered questions on how to proceed to provide our customers with the easiest and best practices without losing our license to operate. We are asking our customers to be a little more patient as we gather more and more information from DOJ and ATF.

If you have any questions about how ABQ GUNS is conducting business please feel free to call us at 505-899-1144

Don’t Be Fooled! Take a deep breath and slow things down! We’ve been bombarded with calls, texts, and emails regarding how to proceed with NFA firearm sales. Don’t be fooled by the internet chatter and mis-information. And don’t worry – you won’t miss Halloween! You’ll be able to get your candy very soon! READ BELOW.

August 13, 2026 GREAT THINGS ARE HAPPENING FOR OUR INDUSTRY! Whether you have an SOT or not – this is important info for all FFLs. And things may change…but here’s what we know. The seven-day stay in Silencer Shop Foundation v. ATF, consolidated with Jensen v. ATF, expired after August 12, 2026. The injunction is now in effect for the plaintiffs and qualifying current and future members and customers protected by the final judgment. But there’s much to understand. Silencer Shop and Gun Owners of America also report that two specifically selected Texas customers received suppressors shortly after midnight without Forms 4 or NFA registration. These developments are significant—but they do not create a clear, nationwide transfer procedure for every FFL/SOT and customer. Our direction: Take a deep breath FFL Consultants has discussed this issue with our general firearms counsel, who reiterates the same practical advice: Take a deep breath and wait for official regulatory guidance before changing your established NFA procedures. As of this update, ATF and the NFA Division have not published comprehensive, transaction-ready instructions explaining how dealers, manufacturers, distributors and customers should implement the injunction. Unless you are operating through a documented procedure authorized by a protected plaintiff organization—and have confirmed that every part of the transaction qualifies—continue the existing NFA process. What the court included Judge James Wesley Hendrix’s August 5 decision covers the following untaxed NFA categories: Suppressors Short-barreled rifles Short-barreled shotguns AOWs, subject to a plaintiff-specific limitation The injunction prevents ATF and DOJ from enforcing specified NFA making, transfer-approval, registration and possession provisions against the protected plaintiffs and, where applicable, their qualifying members and customers. Machineguns and destructive devices remain taxed and fully regulated under the NFA. The decision did not repeal the entire NFA, remove these items from the statutory definition of an NFA firearm or create universal protection for the general public. Too many unresolved strings are attached Before an FFL/SOT changes procedures, the dealer must be able to determine: Whether the dealership itself is protected by the injunction. Whether the actual legal transferee is protected. Don’t put your customers at risk! Illegal possession is still a felony! Whether the customer qualifies through a specific plaintiff organization or covered commercial transaction. Whether an individual’s membership protects a trust, corporation or LLC—which should not be assumed. Whether a spouse, trustee, responsible person or other possessor independently qualifies. Whether the particular suppressor, SBR, SBS or AOW is covered for that plaintiff group. Whether every manufacturer, distributor and dealer in the commercial chain is protected. Whether a Form 2 or Form 3 is still required before the firearm reaches the retail dealer. How the firearm should be documented when it is not entered into the National Firearms Registration and Transfer Record. How the dealer will prove years later that the customer and transaction were protected. How an unregistered firearm may later be repaired, replaced, inherited, sold or transferred. Whether interstate transportation or delivery implicates NFA provisions not enjoined by the court. Whether state law independently requires NFA registration or ATF approval. What happens if the judgment is later modified, narrowed or challenged. The judgment did not require ATF to delete existing NFRTR records, cancel pending applications, redesign eForms or establish a new dealer recordkeeping system. Of particular concern, the injunction did not include 26 U.S.C. § 5861(j), addressing certain interstate transportation, delivery and receipt of unregistered NFA firearms. Dealers should not assume the ruling authorizes unrestricted interstate movement of an unregistered suppressor, SBR, SBS or AOW. What dealers should do now Unless your transaction is supported by a verified, written plaintiff procedure: Continue Forms 1, 2, 3, 4 and 5 as applicable. Do not release a suppressor, SBR, SBS or AOW without the established ATF approval. Do not cancel or withdraw pending NFA applications. Continue responding to ATF corrections and information requests. Continue Form 4473, NICS or state background checks, A&D records and state reporting. Do not manufacture or receive an unregistered NFA firearm based solely on a customer’s organizational membership. Do not promise immediate or same-day delivery. Preserve all applications, approvals, control numbers and correspondence. If Silencer Shop proposes converting a pending application or processing a new transfer without Form 4, obtain its complete written dealer procedure before taking action. That documentation should confirm: The dealer’s protected status. The customer’s protected status. The specific firearm’s eligibility. The lawful path from manufacturer through distributor to dealer. The required Form 4473 and NICS procedure. Required A&D and supplemental records. Compliance with the dealer’s state and local laws. How the dealer should handle pending NFA applications and existing NFRTR records. State laws remain enforceable The Hendrix judgment does not invalidate state or local laws. Some states allow possession only when the firearm is registered under the NFA, approved by ATF or possessed in compliance with federal law. Other states impose independent permits, registrations, waiting periods, background checks, reporting obligations or possession restrictions. Silencer Shop currently divides states into three categories—27 “Free States,” 15 “NFA States” and eight suppressor-prohibited states plus Washington, D.C. This is Silencer Shop’s published interpretation, not an ATF determination or an independent state-law ruling. Before using any no-Form-4 procedure, verify your state law with the appropriate state agency and qualified firearms counsel. Do not assume a federal injunction eliminates an independent state requirement. Do not let customers run your business Customers may arrive with website articles, social-media posts, membership cards or claims that they are “covered.” Do not let your customers tell you how to run your business. This is your FFL and SOT. You—not the customer—will have to answer for the transfer during an ATF inspection, state investigation or later criminal trace. A customer’s urgency is not worth risking your license, livelihood or freedom. You have every right to decline or delay a transaction until you are satisfied that it is lawful and properly documented. Suggested customer response: “The court’s injunction may protect certain plaintiffs, members and customers, but it did not create a universal transfer procedure. ATF has not published complete dealer guidance, and we must verify federal, state and transaction-specific requirements before changing our established NFA process. This dealership will not release the firearm until we are satisfied that the transfer is lawful and properly documented.” Current source positions The court: The injunction protects identified plaintiffs and, where applicable, qualifying members and customers. It is not a universal injunction. Final judgment Silencer Shop: It states that qualifying suppressor transactions may proceed without Form 4 in 27 states. Silencer Shop update GOA: It reports that two structured Texas suppressor transfers were completed without NFA registration on August 13. GOA announcement ATF/NFA Division: No comprehensive public implementation guidance has been located explaining how ordinary dealers should verify coverage and process these transactions. A plaintiff organization’s procedure may support transactions within its injunction protection, but it is not a nationwide ATF regulation or individualized legal advice for every dealer. Where to request guidance ATF NFA Division: 304-616-4500 or nfafax@atf.gov ATF eForms: Use “Ask the Experts” within eForms ATF Industry Liaison: industryliaison@atf.gov Local ATF office: Contact your local IOI or ATF Field Division Silencer Shop Dealer Support: 512-843-0017 or dealer@silencershop.com Silencer Shop Customer Support: 512-931-4556 or support@silencershop.com Gun Owners of America: 703-321-8585 or GOA Contact Request written, transaction-specific answers whenever possible and retain them with your compliance records. JC’s & JB’s Bottom line Take a deep breath. Do not rush. Do not let customers pressure you into risking your FFL. The injunction is operative for specifically protected parties, but the industry still lacks complete ATF guidance for eligibility verification, manufacturer and distributor transfers, NFRTR treatment, pending applications, interstate movement, trusts, downstream possession and state-law compliance. Dealers outside a clearly documented and legally reviewed plaintiff-supported process should continue established NFA procedures and should not release an NFA firearm without the applicable ATF approval. The COMPLETE White Paper on this topic is available right now from our website homepage: www.fflconsultants.com FFL Consultants is not a law firm and does not provide legal representation. Dealers considering any transfer outside the established NFA process should obtain written, transaction-specific guidance from the participating plaintiff organization, ATF and qualified firearms counsel. Protect Your FFL. Protect Your Future. John “JB” Bocker & John “JC” Clark FFL Consultants®

Great News!!! The Bosque Farms Gun and Knife show is only two weeks away. The show is August 15th & 16th. Saturday hours are 9:00 to 5:00 and Sunday hours are 10:00 to 4:00. This is the largest Gun and Knife show in the Albuquerque Area. Here is a partial list of the vendors that will be at the Bosque Farms Gun Show.

Allen – 10 tables of ammo

Craig (FFL) – 3 tables of guns

David – 8 tables of knives

Buddy – 4 tables of Guns and Accessories

Jesse – 3 tables of knives, gun parts

Joe (FFL) – 2 tables of guns and 5 of gun accessories and knives

John – 1 table of coins with a few guns

Judy – Customizeable holsters

Justin (FFL) – 6 tables of Guns

Ken (FFL) – 3 tables of guns

Randy – 2 tables of guns

Osprey scopes – 9 tables of scopes

Robert – 2 tables of Guns

Tom – 1 table of handmade knives

Tom – 2 tables of guns and accessories

Tony – 3 tables of Guns and Misc.

Plinkers (FFL) – 5 tables of guns

Brian (FFL) – 3 tables of guns

David (FFL) – 6 tables of guns

Dena – 2 tables of conceal and carry purses and Non-lethal

Doug – 1 table of muzzle loaders, black powder, etc.

Eli (FFL) – 7 tables of guns and accessories

In addition we will have something for everyone, including candles, tumblers, jewelry, bags and vests, wood carving and toys, keychains and more.

I have attached a flyer for the Bosque Farms Show for you to share with friends and family, along with the 505 Productions Show Schedule. Please feel free to reach out with any questions—I am here to help! Looking forward to seeing you all there! This will be the last show of the year and right before Christmas to help you find that last minute gift.

Best,

David McCutcheon

Vet Radio Syndicate

todenSrpsoYy7lu0ms26de5gA i150t:2ga8r3 taf tiuM8753c12ci6the ·

What people don’t realize is the number of guns in America, and the saturation of weapons. Here are some numbers that highlight why America is the most armed nation in the world.

Right now, Americans own roughly 500 million guns, averaging about 1.5 guns per person or nearly 2 guns per adult. The U.S. military holds roughly 4.5 million firearms, and local, state, and federal law enforcement agencies hold about 1 million.

About 32% of American adults personally own a gun, and roughly 43% to 46% of U.S. households have at least one firearm. This is why it would be impossible to disarm Americans, let alone have a conversation about buy backs.

Texas leads the US with the number of tracked/registered firearms with over 1 Million owned, Florida and California are right behind Texas.

We tried finding the data on Class III, but that is not a number the ATF keeps. At best estimate the number of machine guns with a Class III stamp is around 200k. There are over a million SBRs, suppressors, and short barreled shotguns with a stamp.

Americans own roughly 46%-50% of all weapons in the world, and depending on who you get the numbers from range from 867million to 950million weapons. This is why no one has a plan for invading America. China has 27.5 million weapons in its PLA, which is basically outgunned by American civilians almost 20 to 1.

Like Matt said on SNL, “Guns”.

#army#Navy#airforce#Marines#vetradiosyndicate

#weapons#knobcreek#firearms#pistols#blackpowder

#america#2ndamendment#texas#marksmanship

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38 days and counting down until Judge Brown signs the order vacating the 7 day waiting period for New Mexico

Judge Browning for the 7 day wait.

The bad news is it’s still in effect.

The state doesn’t want to give up and according to MSLF its an exercise in futility. Judge Browning was ready to issue a final judgment today but the state is still fighting it.

There are 3 more conferences before the final hearing.

Apr 20 will be the motion for summary judgment,

May 11 will be to hear responses and

Jul 1 will for replies.

The final hearing will be Jun 2. Judge Browning said he will issue his decision by Aug 28, maybe earlier.

Judge Browning stated that he is bound by the 10ths decision.

Arnie

Do you still have to wait 7 days in New Mexico to buy a gun?

Yes, depending on where you shop. While a federal appeals court struck down New Mexico’s 7-day waiting period as unconstitutional, the legal situation remains deeply confusing. Many local dealers still enforce the wait out of caution, though the law contains several specific exemptions. 

The status of the law and who it applies to currently includes:

• The Court Ruling: The 10th Circuit Court of Appeals ruled that the state’s 7-day waiting period likely violates the Second Amendment. However, because the mandate and official guidance are tangled in the court system, many individual Federal Firearms Licensees (FFLs) are choosing to enforce a 7-day hold until local authorities and the ATF issue unified, statewide directives.
• Exemptions: You do not have to wait 7 days if you hold a valid New Mexico concealed handgun license, if you are a federal firearms licensee, or if the transaction involves law enforcement agencies or immediate family members. 
• Because policies vary by store, it is highly recommended to call your local shop directly to ask about their current transfer protocols before you purchase a firearm. You can look up local firearms dealers on the ATF FFL Locator to find contact information.