08/13/2026
NFA Injunction In Effect - Join Now - Be Covered
The Injunction Is In Effect. Join Now. Be Covered.
The seven-day stay on the Jensen v. ATF judgment expired at 12:01 a.m. Central on August 13, 2026. The government filed no appeal and asked for no extension. The permanent injunction is now in effect for the parties it covers. Here is who's covered, what changed, what did not, and how your dealership gets inside the scope of the ruling.
DISCLAIMER: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this content or contacting us does not create an attorney-client relationship. You should consult a licensed attorney in your state for advice on your specific legal matter.
What Changed at Midnight
On August 5, 2026, the court entered final judgment and a permanent injunction, then stayed the effect for seven days so the government could seek relief at the appellate level.
The government did not seek it. No notice of appeal was filed within the window. No motion to extend the stay was filed. No emergency application went to the Fifth Circuit. The stay expired and the injunction became operative.
In the first minutes of August 13, the first lawful suppressor transfers without a Form 4 in ninety-two years took place — no Form 4, no advance ATF approval, no entry in the National Firearms Registration and Transfer Record. The recipients were covered both as members of an organizational plaintiff and as customers of a commercial plaintiff.
Can the government still appeal this ruling?
This is where precision matters. There is a great deal of nuance in how this is applied practically. Make no mistake, we are excited about this ruling, but it is only the first win. We just won game one of the World Series. We haven't won the championship… yet.
Representative Andrew Clyde of Georgia announced that he received confirmation from the Trump Administration that DOJ will not appeal. Roughly four dozen House Republicans, led by Clyde, had written to the Attorney General urging exactly that outcome.
That is a significant signal, and we are grateful for it. It is not a closed case. DOJ has made no formal announcement of its own, and its on-record statement is that it is assessing the impact of the ruling. Nothing has been filed withdrawing the government's position.
Missing the seven-day window ended the government's shot at an emergency stay. It did not end the government's right to appeal. Under the Federal Rules of Appellate Procedure, either party has sixty days from entry of judgment when the United States is a party. That gives the government until October 5, 2026.
The injunction is live and enforceable today, and there is real reason for optimism. But the appeal window stays open until October 5, and an administration's stated intention is not a dismissal with prejudice. Plan accordingly.
Who Is Covered
The court declined to issue a universal injunction, following the Supreme Court's 2025 decision in Trump v. CASA. Relief runs to the parties and to those the judgment specifically reaches. You are inside the injunction if any one of the following is true.
- You are a member of an organizational plaintiff — current or future.
- You are transacting with a commercial plaintiff, in that transaction.
- You are a customer of a commercial member of an organizational plaintiff, in transactions with that business.
- You are a law enforcement agency, agency, or political subdivision of one of the fifteen plaintiff states.
Coverage is not geographic. You do not have to live in Texas. The court placed no geographic limit on the judgment. If you are covered, you are covered wherever you live — subject entirely to your own state's law, which is a separate question addressed below.
If none of those describe you, nothing changed on August 13. The NFA applies to you exactly as it did on August 4, and the Form 4 process is still the law for your transactions.
Attention Dealers: Join Now. Be Covered.
The federal district court's decision in Jensen v. ATF created a significant opportunity for suppressor dealers.
If you are an FFL/SOT dealer you can join the American Suppressor Association (ASA) and the Texas State Rifle Association (TSRA) with one dual membership. TSRA was an ASA partner and is a named organizational plaintiff in Jensen. The ASA and ASA Foundation could not be a named plaintiff in Jensen v. ATF because it is a named plaintiff in other federal lawsuits challenging the same NFA restrictions (Brown v. ATF in Missouri and Roberts v. ATF in Kentucky). This dual membership positions your company within the current scope of the ruling, allowing eligible suppressor transfers to be processed on a 4473 rather than a Form 4, subject to the court's order and applicable law.
Your customers benefit too. The court extended relief to the customers of a covered organization's commercial members. A covered dealer's qualifying transactions carry that protection downstream to the buyer.
What you need to know
The ruling:
- Applies only to the named plaintiffs and the organizational plaintiffs' members and customers, including TSRA business members.
- Does not eliminate the NFA. It bars the ATF and DOJ from enforcing certain provisions of the NFA such as the Form 1 and Form 4 application requirements.
- Dealers must have an SOT in accordance with 26 U.S.C. § 5802.
- Dealers should consult with their legal counsel prior to changing how they process NFA transfers.
- Dealers must be located in a state where suppressor ownership is legal AND not in one of the 15 states that have state laws requiring NFA compliance as a condition of possession. (See FAQ below)
What the dual membership includes
ASA Dealer + TSRA Business 1-Year Membership $250.00 Product number ASATSRA
In addition to positioning your company within the scope of the ruling, you will receive from ASA:
- ASA Dealer window decal
- Digital ASA Dealer logo for your website, social media, and newsletters
- Educational poster for your store
- TSRA membership materials, fulfilled by TSRA
Contributions or gifts to the American Suppressor Association are not tax-deductible.
This is just the beginning. This victory creates new opportunities for ASA and TSRA dual members. Tomorrow's victory is ending the NFA once and for all. Become a member. Protect your business. Help us finish the fight to END THE NFA.
If you are not a dealer
Coverage on the buyer side comes from the transaction, not from your own membership. If you want to purchase your next suppressor on a 4473 rather than a Form 4, ask your local dealer whether they hold the ASA and TSRA dual membership — and encourage them to get it if they do not.
Then join ASA yourself. An individual ASA membership is not what places you inside this injunction, and we are not going to tell you otherwise. What it does is fund the next one. The tax repeal, this litigation, and the Hearing Protection Act push are all paid for by members who decided suppressor ownership was worth defending.
Join Now. Be Covered.
Dealers: get your company inside the scope of the ruling. Everyone else: fund the fight that got us here.
For Dealers: What This Looks Like at the Counter
Covered transactions still run through the ordinary federal firearms process. Nothing about this ruling turns a suppressor into an unregulated object.
- The background check still applies. Every one of these items is still a firearm under the Gun Control Act, a separate statute that was not challenged.
- Your acquisition and disposition recordkeeping obligations are unchanged.
- Prohibited-person law is unchanged.
- Your SOT and your occupational registration under 26 U.S.C. § 5802 are unchanged and were never challenged.
- ATF is expected to keep processing Form 4s, including those already submitted. If a customer prefers the Form 4 route, or your counsel prefers it, that path remains open.
The 4473 for suppressors
Dealers processing covered transfers on a 4473 are being directed to check “Other Firearm” in Box 16 and to leave Box 20 unchecked.
Be aware that ATF has not issued implementation guidance. Until it does, dealers are operating on reasonable inference rather than agency instruction, and views across the industry are not uniform on how definitive that inference is. Know what you are relying on, document it, and confirm the approach with your own counsel.
SBRs and short-barreled shotguns are not in the same position as suppressors
This distinction is easy to miss and it matters.
18 U.S.C. § 922(b)(4) makes it unlawful for an FFL to sell or deliver a short-barreled rifle or short-barreled shotgun except as specifically authorized by the Attorney General. Historically, NFA approval has been treated as satisfying that authorization. With the NFA approval requirement enjoined as to covered parties, what supplies that authorization in its place is not settled. ATF may need to issue a statement or conduct rulemaking confirming that a 4473 suffices.
Suppressors are not subject to § 922(b)(4). A dealer may therefore be on materially firmer ground with a suppressor transfer today than with an SBR or SBS transfer, even for the same covered customer.
The questions nobody has answered yet
Ninety years of NFA process does not reorganize itself overnight. Serious operational questions remain genuinely unresolved:
- What happens to pending Form 1s and Form 4s?
- How are existing NFRTR records treated? How will suppressors transferred on a 4473 be removed from a dealer's NFRTR inventory?
- What happens when an individual qualifies but their trust or LLC does not? The judgment does not squarely answer this.
- What documentation should an FFL retain to demonstrate, now, and two years from now, that a given transaction qualified?
- How do states whose laws expressly incorporate federal NFA registration treat a transfer with no federal registration?
- How will a consumer return a suppressor to a manufacturer for warranty work given the NFA provisions on interstate movement?
State Law Was Not Enjoined
This is the single most likely way for an otherwise law-abiding person to get into trouble going forward.
The Jensen decision enjoins federal enforcement. It does nothing to state law. Suppressors remain illegal to possess in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island, along with the District of Columbia.
Separately, fifteen states condition lawful possession or use on compliance with specific language requiring registration within the NFRTR or an approved ATF transfer.
There is no universal answer. It depends on your state's statute and on how both the federal government and your state interpret it. Talk to a competent attorney in your state before you rely on any of this.
Why We Are Still Fighting for the Hearing Protection Act
A fair question this week: if we won, why keep pushing legislation?
Because of how we won. The court ruled on enumerated powers, not the Second Amendment. That has two consequences.
First, it provides no help against total state bans. A ruling that Congress lacks a taxing-power basis to regulate says nothing about whether a state may prohibit outright. A Second Amendment holding would have. Eight states and the District of Columbia still ban suppressors, and this decision does not move them (something that ASA and our partners are also challenging in federal court).
Second, the reasoning that won this case can be undone by the same mechanism that enabled it. These provisions fell because Congress zeroed the tax. If a future Congress reimposes a tax on these firearms, the constitutional foundation returns, and the provisions enjoined here could become enforceable again.
An injunction protects our members for as long as the underlying statute stays in its current form. Repeal protects everyone, permanently. That is the difference between a court win and a legislative win, and it is why the Hearing Protection Act is still the objective.
What Happens Next
- The government's appeal window stays open until October 5, 2026.
- ATF implementation guidance has not been issued. When it comes, it should address the 4473 question, the § 922(b)(4) question for SBRs and SBSs, and the treatment of pending applications.
- ASA-backed challenges continue in Brown v. ATF and Roberts v. ATF, where ASA and the ASA Foundation are directly named and where Second Amendment claims remain live.
- A coalition of House Republicans has asked DOJ to apply the ruling nationwide rather than party-by-party. A district court cannot order that after CASA, but the executive branch can choose it as enforcement policy. ASA is in communication with members of the ATF, DOJ, and White House on this issue.
- The Hearing Protection Act and 50-state suppressor legalization remains the goal.
ASA's Take
Ninety-two years. That is how long every lawful suppressor in America sat in a federal registry, tracked by an agency collecting a tax designed to price hearing protection out of existence.
Last night that ended for the first Americans in nearly a century. Today it can end for any dealer and any customer inside the scope of this order.
ASA led the coalition that took the tax to zero in the One Big Beautiful Bill Act. ASA then joined NRA, SAF, and FPC in bringing the case that turned a zeroed tax into a struck-down registry — and brought the only claims in the consolidated litigation that reached the marking requirements. Both halves were necessary. Neither alone would have produced last night.
We are not finished. The appeal window is open until October. Eight states still ban suppressors outright. A future Congress could reimpose the tax and revive every provision enjoined here. The Hearing Protection Act still sits in Congress.
But the direction is unmistakable, and for the first time in ninety-two years the burden of inertia is on the other side.
Join ASA and TSRA. Get covered. Then help us end the NFA for everyone.
Frequently Asked Questions
Is the injunction actually in effect right now?
Yes, for covered parties. The seven-day stay expired at 12:01 a.m. Central on August 13, 2026. The government filed no appeal and sought no extension within that window, so the permanent injunction is now operative.
Has the NFA ended?
No. The NFA still exists. This ruling stops ATF from enforcing specific registration, transfer, and making requirements for suppressors, short-barreled rifles, short-barreled shotguns, and AOWs, and only as to certain people. Machine guns and destructive devices remain fully subject to the NFA.
Did DOJ agree not to appeal?
Representative Andrew Clyde announced that he received confirmation from the Trump Administration that DOJ will not appeal. DOJ has not made a formal announcement of its own; its on-record statement is that it is assessing the impact of the ruling. Missing the seven-day window forfeited the government's chance at an emergency stay, but under the Federal Rules of Appellate Procedure the government has until October 5, 2026 to file an appeal.
Can I walk into any gun store today and buy a suppressor on a 4473?
No. Coverage depends on who you are and who you are buying from. You need to be a member of an organizational plaintiff, or buying from a commercial plaintiff, or buying from a dealer who is a commercial member of an organizational plaintiff. A dealer with no connection to this case is still operating under the Form 4 process.
I am a dealer. How do I get covered?
Join ASA and TSRA through the ASA Dealer + TSRA Business 1-Year Membership. TSRA is a named plaintiff in Jensen, and the judgment extends relief to organizational plaintiffs' members, both current and future, including TSRA business members. You must also hold an SOT and be located in a state where suppressor ownership is legal. Consult your own counsel before changing how you process transfers.
Does ASA membership alone cover my dealership?
The coverage in this case runs through TSRA, which is a named plaintiff in Jensen. ASA is not a plaintiff in this case, because ASA and the ASA Foundation are already named in Brown v. ATF and Roberts v. ATF, which are separate and ongoing. The dual membership is structured so that you receive both an ASA Dealer Membership and a TSRA Business Membership, which is what positions your company within the scope of this order.
Are my customers covered if I join?
For qualifying transactions with your business, yes. The court extended relief to the customers of an organizational plaintiff's commercial members. That protection is transaction-scoped: it covers what they buy from you, not every NFA item they already own or acquire elsewhere.
I do not live in Texas. Does the injunction still apply to me?
Yes, if you are covered. The court placed no geographic limit on the judgment. Membership in an organizational plaintiff protects you wherever you live. Your state's own law applies on top of that and was not enjoined. The 27 states where you will be able to purchase without a Form 4 are:
- 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
- Wyoming
Is there any downside to purchasing a suppressor on a 4473 instead of a Form 4?
Yes. There is one significant downside, and every buyer should understand it before choosing this route: a suppressor acquired on a 4473 is not registered, and an unregistered NFA firearm cannot lawfully cross state lines.
It shall be unlawful for any person—
… (j) to transport, deliver, or receive any firearm in interstate commerce which has not been registered as required by this chapter…
§ 5861(j) was not enjoined — not in Jensen v. ATF, and not in Silencer Shop Foundation v. ATF. The court's final judgment enjoined § 5861(b) through (f) for all covered parties, and § 5861(i) for the Jensen plaintiffs. Subsections (j) and (k) were left untouched.
That was not an oversight, and it is unlikely to be fixed on reconsideration. Neither set of plaintiffs challenged those subsections, for a strategic reason that goes to the heart of why we won. Sections 5861(j) and (k) are the only places in the NFA that expressly reference interstate or foreign commerce. The court pointed to them affirmatively as proof that Congress knew exactly how to invoke the Commerce Clause when it wanted to — and that its silence everywhere else showed the NFA rests on the taxing power alone. That argument is load-bearing in the ruling. Attacking (j) and (k) would have undercut the very reasoning that struck down the registration scheme.
The practical consequences:
- A suppressor acquired on a 4473 is not in the National Firearms Registration and Transfer Record. On the face of the statute, transporting it across a state line implicates § 5861(j) — even if your destination state allows suppressor ownership, and even if you are otherwise fully covered by the injunction.
- ATF and DOJ are not barred from enforcing § 5861(j) against anyone, including parties the injunction otherwise protects.
- The same problem reaches shipping a suppressor to a manufacturer for warranty work, since that is delivery in interstate commerce.
- It also clouds any later transfer, sale, gift, or bequest. There is currently no ATF process for transferring a suppressor that is not in the registry.
By contrast, a suppressor acquired on an approved Form 4 is registered in the NFRTR. It travels with you across state lines without advance ATF permission (suppressors, unlike SBRs, SBSs, and machine guns, do not require a Form 5320.20 for interstate transport), it can go back to the manufacturer for service, and it can be transferred later through the existing process.
There is a colorable argument the other way — that if the registration requirement has been enjoined as to you, then nothing was “required by this chapter,” and the predicate for § 5861(j) fails. No court has ruled on it and ATF has issued no guidance. It is an untested theory, and § 5861 violations carry felony exposure and a lifetime firearms prohibition.
Our advice: if the suppressor will stay in your home state, the 4473 route saves you the wait. If you hunt out of state, travel with your firearms, or want the ability to service, transfer, or bequeath it later, the Form 4 route still carries real advantages today. ATF is expected to keep processing Form 4s, so that path remains open — and it is your choice which to use. Talk to your attorney before moving an unregistered suppressor across state lines.
Is an SBR or short-barreled shotgun treated the same as a suppressor?
Not operationally. 18 U.S.C. 922(b)(4) makes it unlawful for an FFL to sell or deliver an SBR or SBS except as specifically authorized by the Attorney General, and NFA approval has historically supplied that authorization. With the approval requirement enjoined, what satisfies 922(b)(4) is unsettled and may require ATF guidance or rulemaking. Suppressors are not subject to 922(b)(4). Dealers should treat these categories differently until ATF clarifies.
What paperwork does a covered transaction still require?
The background check still applies, along with your normal acquisition and disposition recordkeeping. Dealers processing covered transfers on a 4473 are being directed to check “Other Firearm” in Box 16 and leave Box 20 unchecked. ATF has not issued implementation guidance, so confirm your approach with your own counsel.
What about suppressors held in a trust or an LLC?
This is genuinely unresolved. The judgment does not squarely address whether an entity is covered when its responsible person is a covered member or customer. Do not assume coverage for an entity without specific advice from your own counsel.
I already have a Form 4 pending. What should I do?
Continue following the existing process. Do not assume a pending application has been approved, cancelled, or rendered unnecessary. ATF is expected to keep processing Form 4s regardless of whether they remain strictly required for a given transaction.
Can I build my own suppressor now?
Only if you are covered on the marking provisions, and that is narrower than general coverage. The court enjoined 26 U.S.C. 5842(b) and 5861(i) only as to the Jensen plaintiffs and their members. Members of the other side of the consolidated case are not covered on those provisions. This addresses federal law only — check whether the item is lawful in your state, and whether your state conditions possession on federal NFA compliance.
My state requires NFA compliance to possess a suppressor. What does that mean for me?
There is no universal answer, and it is the most likely place for someone to get into trouble. It depends on your state's statute and on how both the federal government and your state interpret it. Consult an attorney in your state before relying on the injunction.
Does this ruling override my state's suppressor ban?
No. Suppressors remain illegal in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, Rhode Island, and the District of Columbia. Because the court ruled on enumerated powers rather than the Second Amendment, this decision offers no help against a total state ban.
Which NFA provisions were struck down?
26 U.S.C. 5812(a)-(b), 5822, 5841(a)-(c) and (e), and 5861(b)-(f), plus 27 C.F.R. 479.62(a)-(d) and 479.84(a)-(d). The Jensen plaintiffs additionally obtained relief from 26 U.S.C. 5842(b) and 5861(i).
Does this apply to machine guns?
No. Congress left the $200 making and transfer taxes in place for machine guns and destructive devices, so the taxing-power basis for regulating them is intact. The plaintiffs never challenged the NFA as applied to those firearms, and dealers should continue complying with NFRTR procedures for them.
Do I still need a background check to buy a suppressor?
Yes. The Gun Control Act of 1968 is a separate statute enacted under the commerce power and codified in Title 18. It was not at issue in this case, and its background check requirements are unaffected.
Why isn't the injunction nationwide?
Because of the Supreme Court's 2025 decision in Trump v. CASA, which held that federal courts generally lack equitable authority to issue universal injunctions. Relief is limited to what is necessary to give complete relief to the parties before the court. The court expressly declined the universal injunction that one plaintiff group requested.
What happens if the government appeals after all?
An appeal does not automatically undo the injunction. The government would have to obtain a stay from the district court or the Fifth Circuit. If a stay issued, the existing NFA procedures could again become enforceable against everyone while the appeal proceeded.
Why is ASA still pushing the Hearing Protection Act if we won?
Two reasons. First, the ruling rests on Congress's taxing power, not the Second Amendment, so it provides no relief against total state bans. Second, these provisions fell because Congress zeroed the tax — which means a future Congress could reimpose a tax and revive every requirement enjoined here. An injunction protects our members under current law. Repeal protects everyone, permanently.
How can I help?
Dealers: join ASA and TSRA through the dual membership. Individuals: ask your local dealer whether they hold the dual membership, since that is what carries coverage down to your transaction, and join ASA to fund the work. An individual ASA membership does not by itself place you inside this injunction, but it is what pays for the legislative and legal fights that got us here.
Want to dig deeper?
- Memorandum Opinion and Order (Dkt. 136)
- Final Judgment (Dkt. 137)
- Jensen v. ATF — Complaint for Declaratory and Injunctive Relief
- Jensen v. ATF — Memorandum in Support of Motion for Summary Judgment
- ASA-F case page: Texas NFA Challenge
- ASA's August 5 analysis: Federal Court Strikes Down NFA Registration for Suppressors
The American Suppressor Association is the unified voice of the suppressor industry. This article is provided for general educational purposes and does not constitute legal advice. Consult a qualified attorney regarding your specific circumstances. This post reflects the state of the litigation as of August 13, 2026, and will be updated as the docket develops.