TAKE A DEEP BREATH - FOR NOW. ⋆ ABQ GUNS LE OWNED AND LOCALLY OPERATED

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®

TAKE A DEEP BREATH – FOR NOW.

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