ATF Issues Suppressor Guidance

ATF Issues Suppressor Guidance Following ASA Court Victory

WASHINGTON, DC — Today, October 9, 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives released guidance on how suppressors may be transferred on a Form 4473 following the landmark ruling in Jensen v. ATF.

This victory started with ASA. We helped lead the effort to eliminate the $200 tax in the One Big Beautiful Bill, then used that win to bring Jensen v. ATF with our partners at the NRA, SAF, FPC, and TSRA and take down the registration requirements the 92-year-old tax had propped up.

How we got here

• July 4, 2025: President Trump signs the One Big Beautiful Bill, eliminating the $200 transfer tax on suppressors and short-barrel firearms.
• January 1, 2026: The transfer tax on suppressors drops to $0.
• August 5, 2026: The U.S. District Court for the Northern District of Texas ruled in Jensen that, with the transfer tax eliminated, the National Firearms Act’s registration requirements can no longer be enforced against the plaintiffs and their members for suppressors.
• August 12, 2026: The court’s stay expired, and the first suppressors were transferred without a Form 4.
• October 1, 2026: The Department of Justice formally notified Congress that it would not appeal.
• October 5, 2026: The appeal deadline passed. The ruling is final.

What the guidance says

• Who is covered: Everyone. The court’s injunction covers only the plaintiffs, their members, and their customers, but the Department of Justice is using its enforcement discretion to apply the same policy nationwide.
• How transfers work: Like any other GCA firearm. You fill out a Form 4473 and pass a NICS background check at your dealer. ATF no longer requires a Form 4, prior approval, or registration.
• What dealers need to do: Complete a Form 4473, run NICS, and keep the same records required for any other GCA firearm transfer. Sales are limited to residents of the dealer’s state. Dealer-to-dealer transfers no longer require a Form 3. Dealers, manufacturers, and importers must still pay the special occupational tax (SOT).
• Effective date: October 9, 2026.

What hasn’t changed

• State law still applies. If suppressors are restricted in your state, this guidance does not change that. Some states only allow suppressors that are registered under federal law, and dealers may not make a transfer that violates state or local law. For that reason, ATF will continue to accept and approve Form 4s from anyone who chooses to register.
• ATF also cautions that this policy could change. Unregistered suppressors would not automatically be grandfathered if enforcement resumed. When in doubt, talk to your dealer before you buy.

ASA Working to FIX State Laws

Since 2011, ASA has worked to make suppressors easier to own in every state, and that work is not finished. We will continue our work in the 15 states that reference the NFA within state statutes until EVERYONE can enjoy the fruits of this historic victory.