What Is Actually Going On With the NFA?
A plain-English Texas Guns briefing on the Silencer Shop Foundation v. ATF ruling, current NSSF industry guidance, and what it means for suppressors, SBRs, SBSs and AOWs.
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The Bottom Line
The NFA is not “dead” nationwide. The August 5, 2026 federal court order is now in effect, but its injunction is limited to the plaintiffs and, where applicable, their agencies, political subdivisions, members and customers. NSSF also identifies several federal provisions the court did not enjoin. Until ATF/DOJ provides a clear dealer process, Texas Guns will continue using the established NFA transfer process for our NFA inventory.
The $0 Tax Is Already Law. The Injunction Is a Court Ruling.
There are two separate developments that are easy to mix together.
- Congress already changed the tax. The One Big Beautiful Bill Act was signed in 2025 and, effective January 1, 2026, reduced the NFA making and transfer tax to $0 for silencers, short-barreled rifles (SBRs), short-barreled shotguns (SBSs) and Any Other Weapons (AOWs). Machineguns and destructive devices remain subject to NFA taxes.
- The August 5, 2026 court decision is not a new statute. The court concluded that challenged NFA registration and approval provisions for the now-untaxed categories could no longer be justified under Congress’s taxing power and entered a permanent injunction for the covered plaintiffs. The court did not issue nationwide relief.
- The order is presently in effect. The court stayed its order for seven days. The injunction took effect after DOJ did not obtain an emergency stay. NSSF reports DOJ still has until October 5, 2026 to appeal or seek a stay of the final judgment.
- State law was not erased. State restrictions and state-law conditions tied to federal registration can still matter.
Plaintiffs, Members and Customers — Not Every Gun Owner
The order protects the named plaintiffs and, where applicable, their agencies, political subdivisions, members and customers — both current and future.
Silencer Shop Side
Silencer Shop Foundation; Gun Owners of America; Gun Owners Foundation; Firearms Regulatory Accountability Coalition; B&T USA; Palmetto State Armory; SilencerCo; Brady Wetz; plus the plaintiff states listed by NSSF.
Jensen Side
John Jensen; Jeremy Neusch; David Lynn Smith; Hot Shots Custom LLC; Texas State Rifle Association; FPC Action Foundation; and Citizens Committee for the Right to Keep and Bear Arms.
AOW, SBR and SBS — Plain-English Definitions
These labels are legal classifications, not marketing terms. Exact firearm configuration matters.
Any Other Weapon
A catch-all NFA category for certain concealable weapons that do not fit ordinary pistol/revolver categories, including certain disguised firearms, smooth-bore handgun-type firearms designed to fire shotgun shells, and certain combination rifle/shotgun firearms.
Short-Barreled Rifle
Generally, a rifle with a barrel shorter than 16 inches, or a weapon made from a rifle that is under 26 inches overall. A rifle is a shoulder-fired firearm using a rifled bore.
Short-Barreled Shotgun
Generally, a shotgun with a barrel shorter than 18 inches, or a weapon made from a shotgun that is under 26 inches overall. A shotgun is a shoulder-fired firearm designed to fire a fixed shotgun shell through a smooth bore.
The Big SBR / SBS Distinction
The court enjoined certain NFA provisions, but it did not enjoin the separate Gun Control Act restriction in 18 U.S.C. § 922(b)(4). That is why SBRs and SBSs are not in the same practical position as suppressors. For Texas Guns, Form 4 processing remains the clear path for SBR/SBS dealer transfers unless ATF, DOJ, Congress or a later court decision changes that separate requirement.
The Provisions the Ruling Did Not Solve
The court ruling changed important NFA provisions, but it did not erase the rest of federal firearms law.
Our Processing Policy as of August 17, 2026
We Will Continue Using the Established NFA Transfer Process.
Texas Guns will continue processing our NFA inventory through the established NFA system unless and until we have clear, usable written guidance and a legally supportable dealer procedure for a different transfer method. This is a compliance, inventory-control and recordkeeping decision — not a claim that the court ruling is invalid or unimportant.
- Suppressors and AOWs: The injunction may permit certain covered transactions without traditional Form 4 approval, but Texas Guns is not using that pathway at this time because the dealer/NFRTR disposition process and several related federal issues remain unresolved.
- SBRs and SBSs: Texas Guns will continue Form 4 processing because the separate GCA authorization requirement in 18 U.S.C. § 922(b)(4) remains in force and NSSF states that the NFA procedure is currently the available path for compliance.
- The old $200 customer tax is already gone for these categories. Our continued use of Form 4 is about approval, registration and dealer recordkeeping — not collecting the old $200 tax.
- A Form 4473 still applies where the GCA requires it, even if a particular NFA registration provision is enjoined.
- If a customer believes a plaintiff membership or customer relationship places a transaction within the injunction, we can document that information, but it does not by itself create an ATF-approved inventory disposition method for Texas Guns.
How Suppressors, AOWs, SBRs and SBSs Could Be Affected Later
This is a fast-moving legal and regulatory situation. Several developments could materially change how these firearms are sold, made, transported and recorded.
Download the Full Texas Guns NFA Compliance Bulletin
Download the Texas Guns NFA Compliance Bulletin for the full legal references, industry guidance and our current store-policy explanation.
Download the NFA Bulletin View Texas Guns PolicySources & Attribution
- Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives, consolidated with Jensen v. ATF, U.S. District Court for the Northern District of Texas, Document 136, filed August 5, 2026, especially pp. 65–66.
- National Shooting Sports Foundation (NSSF), “NSSF Guidance on NFA Transfers,” member/industry advisory, reviewed August 17, 2026.
- Orchid Advisors, Phil Milks, “WTF Is Going On with NFA — A Must Read,” August 13, 2026.
- 26 U.S.C. § 5845; 18 U.S.C. § 922(b)(4); 26 U.S.C. § 5861(j), (k); ATF National Firearms Act Handbook, Chapter 2.
Texas Guns uses Orchid technology and compliance resources in our FFL operations and also monitors NSSF industry guidance. This page is Texas Guns’ independent summary and store-policy explanation. It is not an Orchid or NSSF publication or endorsement.
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