SilencerCo is telling qualifying customers in 27 states that they may now purchase a new SilencerCo suppressor using a Form 4473 instead of waiting for ATF approval of a Form 4. However, the manufacturer is also warning buyers to keep those suppressors in the state where they were purchased until unresolved questions about interstate transportation are answered.
The company published the new guidance following the injunction in Silencer Shop Foundation v. ATF. As AmmoLand previously reported, U.S. District Judge James Wesley Hendrix ruled that the challenged National Firearms Act registration and approval requirements exceeded Congress’s enumerated powers after Congress reduced the applicable making and transfer taxes to zero.
The injunction took effect August 13 after the federal government allowed a seven-day stay to expire without obtaining additional relief.
Buying a Suppressor on Form 4473
According to SilencerCo’s recent press release, customers making qualifying purchases can visit a participating SilencerCo dealer, select a new suppressor, complete Form 4473, undergo the applicable background check, and take possession after receiving authorization to proceed.
That means no Form 4, fingerprints, passport photograph, CLEO notification, or ATF approval wait. A NICS delay remains possible, just as it does with an ordinary firearm purchase.
The process is currently available for qualifying SilencerCo purchases in Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Nebraska, New Hampshire, New Mexico, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wyoming.
State law still applies, and dealers are not required to participate. SilencerCo acknowledges that some retailers are waiting while the legal and compliance questions are sorted out.
That caution has not stopped the process from moving forward. AmmoLand recently learned that four FFLs passed ATF inspections after conducting Form 4473-only suppressor transfers. Inspectors reportedly cited none of the covered transfers as violations.
The uncertainty confronting gun owners and dealers is largely the government’s own creation. ATF and DOJ have yet to publish formal guidance explaining precisely how they will implement the court’s order, which transactions qualify, how dealers should document Form 4473-only transfers, or how remaining federal and state laws apply to unregistered suppressors.
ATF Director Robert Cekada said the agency will not take enforcement action against protected parties inconsistent with the ruling and is working on guidance, arguing that “getting it RIGHT matters more than getting it out fast.” Getting it right certainly matters, but gun owners should not be forced to interpret federal felony statutes while ATF takes its time. A post on X promising answers later is no substitute for written instructions that dealers and customers can rely upon today.
UPDATE>Jensen v. ATF
FACTS> CLICKBAIT.There’s a lot of misinformation circulating about the recent NDTX ruling in Jensen v. ATF; including a headline claiming, “ATF is Furious and We Are Planning Brutal Revenge on Gun Owners.”
The source? You guessed it: unnamed anonymous…
— Robert Cekada (@ATFDirectorRC) August 29, 2026
Interstate Transportation Remains Unsettled
SilencerCo’s most important warning concerns 26 U.S.C. § 5861(j), an NFA provision addressing the interstate transportation, delivery, or receipt of firearms that have not been registered as required.
The company says it does not yet know whether or how that provision applies to suppressors lawfully transferred without NFA registration under the injunction. Until that question is resolved, SilencerCo “strongly encourages” Form 4473 customers to keep their suppressors in the state of purchase.
That is not the same as saying interstate travel has been definitively prohibited. It means this limited injunction did not answer every question created by stripping away the NFA’s registration and advance-approval requirements.
The uncertainty is also changing SilencerCo’s warranty procedure. The company says it will continue honoring its lifetime warranty, but returning an unregistered suppressor across state lines for service may require a different process.
Form 4 Remains an Option
Buyers can still use the traditional Form 4 process, which retains the fingerprints, photographs, CLEO notification, paperwork, background check, and ATF approval wait. The tax is now $0.
SilencerCo recommends considering that route for customers who regularly hunt, compete, or travel outside their state, want to use a trust, or prefer an established registration process while the injunction remains limited and subject to further litigation.
The court did not abolish the NFA or issue a universal injunction. The relief protects the plaintiffs and, where applicable, their current and future members and customers. It also did not decide the case under the Second Amendment.
None of that changes the larger constitutional reality. Suppressors are bearable arms, and forcing Americans to obtain federal permission before taking possession was always an infringement. The Form 4473 process proves that the fingerprints, photographs, registration, and advance approval were bureaucratic obstacles—not necessities.
SilencerCo stated its ultimate objective plainly: “We want to see the NFA taken out behind the barn.”
This injunction is a historic breach in the NFA, but the fight ends only when every peaceable American receives the same protection.
About Duncan Johnson:
Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.
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