Suppressor Transfers After Jensen v. ATF
Last updated September 16 2026
Friends of Anechoic,
The August 2026 federal district court’s judgment in Jensen v. ATF, consolidated with Silencer Shop Foundation v. ATF, created a significant opportunity for suppressor buyers and dealers.
In the 27 states without their own NFA requirements, a covered buyer can take a suppressor from a covered licensed dealer just like any regular gun, on just a 4473 and a NICS check. No wait. No ATF Form 4. Walk out with your new Anechoic suppressor in hand. To be covered by the judgment an individual or a dealer just has to join one of the plaintiff organizations like GOA or TSRA, which you can do online in 5 minutes for $25 or $40
The tax stamp is a separate story. Congress zeroed the transfer tax effective 1 January 2026, for everyone, in every state, as part of Trump’s One Big Beautiful Bill. That is what made this ruling possible: the court held that a tax set at zero is not a tax, and a registration scheme built on the taxing power cannot survive without a tax.
ANECHOIC will ship suppressors on a Form 3 to any licensed dealer in any of the 42 states where suppressor ownership is legal, exactly as we always have. No change there.
Where your state stands
Where your state stands
No state NFA requirement (27 ‘Free’ States). State law does not tie legal possession to federal registration, so the August 2026 judgement controls.
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
State law still requires federal registration (15 states). These states write federal NFA compliance into their own statutes. The ATF Form 4 process still applies, and this ruling does not change that. State law is untouched by it, so in these states a suppressor purchase still means a few days wait for the buyer and the dealer still has to use the longer forms.
Alaska, Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington, Wisconsin
Suppressors prohibited (8 States + D.C.) Civilian ownership is banned under state law regardless of this ruling.
California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, Rhode Island, Washington DC
If you are a dealer
Coverage runs through the plaintiffs, not just through geography. Being in one of the 27 ‘free’ states is necessary but it is not sufficient on its own.
The judgment reaches the named plaintiffs and the members and customers of the plaintiff organisations, current and future. A dealership that joins Gun Owners of America or the Texas State Rifle Association is specifically covered under the ruling, even if they join 5 minutes before making a transfer.
Before you change anything about how you process NFA transfers:
- The ruling applies only to the named plaintiffs, including current and future members of the GOA and TSRA.
- It does not eliminate the NFA. It says registration can’t stand once the tax is zero, and it only binds the ATF toward the plaintiffs.
- Dealers must hold an FFL and SOT to receive silencers. It’s done on a Form 3, just as always.
- To transfer suppressors without a Form 4 you must be in one of the 27 states where state law does not require federal registration.
- Continue following current law and talk to your own counsel before you change how you process transfers. Anechoic is not a legal firm and can’t give you legal advice. Start by reading the ruling for yourself – it’s only two pages and it’s linked here.
If you are uncertain, or if the customer might want to travel across state lines, process the sale on a Form 4 as you always have. The tax stamp costs nothing, still only takes a few days’ wait, and an approved registration holds up under all circumstances or future rulings. Nobody has ever been prosecuted for filing too much paperwork or getting too much permission.
If you are a retail buyer
ANECHOIC is a member of Gun Owners of America, one of the plaintiffs in the case and covered by the ruling.
If you are in one of the 27 ‘free’ states, buy your ANECHOIC at asilencer.com. Choose your dealer at checkout, or we can choose one for you. Or, buy from any dealer that stocks Anechoic suppressors.
If you are in one of the 15 other states, you still buy your ANECHOIC at asilencer.com or any dealer that stocks Anechoic suppressors. Choose your dealer at checkout, or we can choose one for you. You just have to wait a few days for the ATF to approve before you can take your new Anechoic suppressor home, just like before.
Three things to sort out before you go and collect it:
Do you want to take the suppressor out of your home state? If so, tell the dealer to do the Form 4 like they always have. It costs nothing and you just have to wait a few days for ATF approval.
Join the GOA. This new court ruling follows people, not products. A GOA or TSRA membership costs less than a box of ammo. Join before you pick up your new Anechoic suppressor, and keep the receipt showing the date for an extra layer of protection.
Confirm your dealer’s process before you buy. Each dealer decides for himself which process to run. Some have moved to the simple 4473 transfer, like with a gun. Others are still filing Form 4s while this is new: ATF hasn’t published a policy on it, the interstate transport question is unresolved, and the appeal window is open until October 5. Both are reasonable calls. Ask before you send your new suppressor there.
Where this goes next
The government can appeal until 5 October 2026. As of this writing no appeal has been filed and DOJ says it is still assessing.
Then the ASA will continue to work on the other 15 states. They and other plaintiffs will continue to pursue these cases up to the US Supreme court. If Republicans stay in control, their legal changes will likely continue to make suppressor ownership easier. If Socialists, Democrats, or others take control of the government… well, just listen to them if you want to know their position on the 2A and related laws. Either way it is certain that big legal changes on 2A rights will continue.
If the ruling is reversed on appeal there is currently no amnesty process for suppressors acquired without registration. That is why some dealers are staying on the Form 4.
We will keep this page current as the case moves.
– Buck Steele, Founder & Chief Engineer, ANECHOIC. Sept 1, 2026
This page is general information about a developing area of federal law as of September 1, 2026. It is not legal advice. We are not lawyers. Talk to a firearms attorney about your own situation before relying on our understanding or this ruling.