LEANDER, TX — When Gun Owners of America (GOA) members Brandon Herrera and Texas State Representative Wes Virdell acquired firearm suppressors over the counter at Silencer Shop without filing an ATF Form 4 or waiting for federal registration approval, it sent shockwaves through the firearms community.
For the first time since the National Firearms Act (NFA) was enacted in 1934, federal authorities were enjoined from enforcing registration requirements on certain lawful suppressor transfers. However, navigating this new legal landscape requires understanding the exact boundaries of the court’s order.
FAQ: Navigating the Non-NFA Suppressor Rules
Below are answers to the primary questions gun owners have about this historic shift.
1. Who can buy a suppressor right now without submitting an ATF Form 4?
Under the federal court order issued by U.S. District Judge James Wesley Hendrix in the Northern District of Texas, the injunction specifically protects the plaintiffs in the lawsuit and their covered members/customers.
To legally complete an over-the-counter suppressor transfer without Form 4 registration, you must belong to one of the following categories:
- Active Gun Owners of America (GOA) Members
- Customers buying through Silencer Shop or its direct FFL dealer network
- Named Co-Plaintiffs (including individual litigators and affiliated gun rights foundations)
Note: The ruling does not automatically apply to a non-affiliated walk-in customer at an independent gun store who holds no membership with GOA or connection to Silencer Shop. Gun rights groups are currently pursuing follow-up motions to expand the injunction into a universal, nationwide order covering every law-abiding American citizen.
2. What paperwork is required at the counter if you don’t use Form 4?
A non-NFA transfer does not mean no paperwork at all. It simply changes the transfer process from a specialized, months-long federal registry submission into a standard firearm sale.
| Step | Traditional NFA Process | Injunction Process (Protected Class) |
|---|---|---|
| Form Submitted | ATF eForm 4 / Form 1 | ATF Form 4473 |
| Biometrics | Fingerprint cards & Passport photo required | Standard photo ID verify |
| Background Check | ATF NFA Division specialized audit | Instant NICS Background Check |
| Federal Registry | Serial number permanently indexed in NFA database | No NFA Registry Entry |
| Tax Stamp | $0 (Since Jan 2026) | $0 |
| Wait Time | Days to months | Same-Day / Over-the-Counter |
3. Which states does this apply to?
The federal court order applies nationwide on the federal level, meaning federal agents (DOJ and ATF) cannot enforce NFA registration against protected class buyers anywhere in the United States.
However, this ruling DOES NOT strike down state-level firearm laws.
- Permissible States (~42 States): In states where suppressors are already lawful under state statute (such as Texas, Florida, North Carolina, Ohio, Tennessee, Georgia, etc.), eligible buyers can utilize the new Form 4473 process.
- Prohibited Jurisdictions (8 States + D.C.): Suppressors remain completely illegal under state criminal codes in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, Rhode Island, and Washington, D.C. Residents in these jurisdictions cannot purchase, transport, or possess suppressors regardless of federal NFA changes.
4. What other firearms are covered by this ruling?
While press coverage has focused on suppressors, the constitutional logic used by the court applies to all NFA items where the federal making or transfer tax was reduced to $0 by Congress under the One Big Beautiful Bill Act:
- Firearm Suppressors / Silencers
- Short-Barreled Rifles (SBRs)
- Short-Barreled Shotguns (SBSs)
- Any Other Weapons (AOWs)
(Crucial Distinction: Fully automatic machine guns and destructive devices were deliberately excluded from the $200 tax repeal in Congress. Because they are still subject to an active $200 tax stamp, they remain fully subject to NFA registration and Form 4 requirements).
5. Why did the court say the registration scheme is unconstitutional?
The legal rationale stems directly from 90 years of Supreme Court precedent:
- When Congress passed the National Firearms Act in 1934, it did so using its Article I Taxing Power (raising revenue).
- In Sonzinsky v. United States (1937) and NFIB v. Sebelius (2012), the Supreme Court ruled that mandatory NFA registration was constitutional only as a necessary tracking tool to collect the $200 tax.
- Once Congress passed the One Big Beautiful Bill Act and reduced the tax to $0, the federal government was no longer collecting revenue.
- Judge Hendrix ruled that because a $0 tax generates zero revenue, the registration requirements lost their constitutional foundation under the Taxing Power, rendering federal enforcement unlawful.
Safety & Compliance Advisory: While this ruling opens unprecedented doors for gun owners, always ensure your local Federal Firearms Licensee (FFL) is fully updated on administrative protocols before requesting an over-the-counter transfer. Keep your GOA membership credentials or Silencer Shop customer records accessible during the transaction to ensure your purchase remains squarely inside the protected class.
Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute legal, tactical, or professional advice. Firearms laws, court rulings, and local regulations change rapidly and vary significantly by federal, state, and local jurisdiction. What is lawful in one state or city may be strictly prohibited in another.
Readers are solely responsible for verifying all applicable laws, statutes, and local ordinances in their area, as well as consulting with a licensed attorney in their jurisdiction, before making decisions regarding the purchase, possession, carry, storage, or use of any firearm or defensive tool. The publisher, authors, and platform disclaim any liability for actions taken, or not taken, based on the contents of this publication.
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