Gun owners and dealers are still waiting for clarity on suppressor rules a month after federal authorities stopped enforcing key parts of the National Firearms Act, with a series of court dates and a looming export change set to shape what happens next. The NFA suppressor ruling saga is far from settled, even though the registry is effectively switched off for now.
On August 5, 2026, a federal judge in the Northern District of Texas ruled in Silencer Shop Foundation v. ATF that, because the One Big Beautiful Bill Act had reduced the NFA making and transfer tax to $0, the registration and transfer provisions were no longer an exercise of Congress’s taxing power for those items. The court enjoined ATF from enforcing them, but that order covers only the plaintiffs and certain other specified persons. On September 24, Solicitor General D. John Sauer told Congress the Department of Justice had determined not to appeal, and the 60-day appeal window closed on October 5 with no appeal filed.
ATF Stopped Enforcing Nationwide on October 9
On October 9, 2026, ATF published an open letter to all federal firearms licensees and the public, along with a companion FAQ. In them, ATF announced that, as a matter of enforcement discretion, it will stop enforcing key parts of the NFA for short-barreled rifles, short-barreled shotguns, silencers and “any other weapons” against anyone, not just the parties to the court case. ATF said it will no longer require individuals to seek ATF approval before making or transferring those items, or to register them in the National Firearms Registration and Transfer Record.
That is an enforcement policy, not a court ruling and not a repeal of the law, and ATF itself says it could be rescinded. The registry still exists, and ATF says it will continue maintaining it and accepting voluntary NFA submissions, including Form 4 applications. The Gun Control Act still applies, state laws are unchanged, and ATF warns enforcement could resume if Congress imposes a new tax, the injunction is overturned or the department rescinds the policy.
Key Dates Ahead
Separately, a State Department rule effective November 20, 2026 removes suppressors for semi-automatic and non-automatic firearms from the International Traffic in Arms Regulations’ US Munitions List. Until then, making those suppressors, even with no exports, requires DDTC registration costing $3,000 or more a year. After that date, making them alone no longer triggers ITAR registration, and exports move to Commerce Department licensing.
Court dates ahead include a status conference in Brown v. ATF on December 3 and a hearing in Roberts v. ATF on December 11, both moved at the Justice Department’s request. Full statutory repeal bills in Congress have not moved and expire on January 3. For more on Congress and the courts, see our report on the House blocking the Hegseth impeachment bid in a 211-204 vote and Jim Jordan elected House Republican leader after the midterm rout.
