Silencer Saturday #391: Silencer Shop Sues ATF To Dismantle The NFA

Good afternoon, everyone, and welcome back to TFB’s Silencer Saturday, brought to you by Yankee Hill Machine, manufacturers of the new Victra-12 shotgun suppressor. This week, we are taking a look at a major lawsuit that could upend the NFA. The Silencer Shop Foundation and many partners have a real shot at getting several kinds of NFA items removed from the law fully.

Silencer Saturday @ TFB:

• Silencer Saturday #390: Resurrecting The Hush Puppy - Daniel Y
• Silencer Saturday #389: Can You Thread Your Own Barrel?
• Silencer Saturday #388: Suppressing The Century C-93
• Silencer Saturday #387: The Big Beautiful Bill Passed, So Now What?
• Silencer Saturday #386: Faxon Twenty-Toucan - Heavy-Duty Modularity

What is the Silencer Shop Foundation?

The Silencer Shop Foundation (SSF) is Silencer Shop’s new effort to push back on NFA regulation. SSF is a 501(c)(4) non-profit corporation, which for those of you who know more about suppressors than obscure IRS entity taxation rules (hopefully all of you), that means that unlike 501(c)(3) charities (like local churches, panda sanctuaries, or groups that train rats to sniff out land mines and tuberculosis) are tax-deductible donations to a 501(c)(4) are not - don’t let that dissuade you. But alongside donations there is another important way of supporting SSF besides a direct contribution! Sales on Silencer Shop.com also support the foundation because it receives funding from Silencer Shop’s profits.

To find out more check out silencershopfoundation.org

SSF’s first major action is a lawsuit over the NFA changes in the Big Beautiful Bill. The lawsuit has brought together major players with SSF taking the lead. Co-litgants include: Gun Owners of America, Firearms Regulatory Accountability Coalition, B&T USA, Palmetto State Armory, SilencerCo, and the Gun Owners Foundation. One Brady Wetz, an individual, is also a plaintiff.

But What Is This Lawsuit About?

As we previously covered, the final version of the Big Beautiful Bill made some big changes to the NFA. It took the per-item transfer and manufacturing taxes down to $0 for silencers, SBRs, SBSs, and AOWs. This is the biggest change to the NFA since it was enacted in 1934, and though it was not a complete repeal as was in some versions of the bill, this was widely viewed as a success. So why would SSF file a lawsuit about it?

Because there is a real opening to get those items fully out of the NFA. At its core, the National Firearms Act is a tax. An NFA violation is not the same as possessing crack cocaine or a nuclear weapon, both of which are illegal without any mention of taxes. Instead, an NFA prosecution would have to show that the defendant had an NFA item but had not paid the tax for that item, as manifested by a tax stamp.

This may sound like the kind of distinction without a difference that everyone loves lawyers for, and on some level, that is true. But in this case, it really does matter. The logic of arresting someone for not paying a tax makes no sense when the tax amount is $0. There is some related case law in Sozinsky v. United States, holding that the NFA was a valid exercise of Congress’s authority to tax. The argument goes that, in the new paradigm, the NFA is not producing any revenue and is a $0 tax; it is not a real tax, and is therefore not valid. If the lawsuit is successful, it would remove the soon-to-be-taxless types of items from the NFA entirely.

The Big Beautiful Bill was passed on July 4th, 2025, and this lawsuit was filed the same day. This case is still in its early stages, with the docket really only consisting of the initial complaint and a group of pro hac vice motions (how attorneys not licensed in a specific state handle a one-off lawsuit in that state in coordination with licensed local counsel). We will be watching closely to see how this case develops. You can get updates from the foundation by signing up for their newsletter at SilencerShopFoundation.org.

What Can Potential Silencer Buyers Do Currently?

There are two main options for potential silencer buyers at the moment. The first choice is just buying a silencer now and paying the $200 stamp. This has the upside of getting a very quick approval. Anecdotally, I am seeing same-day approvals on most stamps at the moment. This is a combination of improvements in ATF processing and a lower volume of stamps being submitted at the moment, and if you make a purchase through Silencer Shop then it helps support the Silencer Shop Foundation’s work!

The lower number of stamp submissions is because many buyers are holding off to submit until January 1st. This would avoid paying the stamp so it is cheaper, but it is anyone’s guess how the eForms system and ATF NFA system more broadly will stand up to the January influx. Based on prior instances where people filed lots of stamps at once, it will likely not go well. But if you are content to wait, this would save you some money. If you are planning on this approach, be sure to buy your item well ahead of January so you have a serial number and can get your paperwork submitted ASAP once the tax is dead.

Thanks for joining us, and we will see you back here for another instalment of Silencer Saturday.

To find out more check out silencershopfoundation.org

Donate to the foundation directly at silencershopfoundation.org/products/make-a-donation