Jensen v ATF and Silencer Shop Foundation v ATF Court Ruling

Many of you have probably been following the combined Jensen v ATF and Silencer Shop Foundation v ATF court case and know that a ruling was handed down August 5, 2026. The court granted a seven calendar day stay (delay) on the judgement, allowing the government that time to seek emergency relief if it chose. Those seven days passed and on August 13, 2026, the judgement went into effect. Although the government (and the ATF) knew for SEVEN DAYS this would be going into effect, they did nothing to get information to the dealers or the public on how the transactions should be handled.

Before we get too far into this, we must remember that just because the government did not seek to extend the stay doesn’t mean they can’t still appeal the RULING. They have 60 days from August 5th to appeal the ruling (October 4, 2026). So, this MIGHT NOT be over.

As it stands, there are entirely too many unanswered questions about how things will work after the current ruling. Some of the things we, as a dealer are questioning, and you as a customer should be questioning are:

• The state-plaintiff relief protects the states, their agencies, and political subdivisions. It does not automatically protect every resident, dealer, or customer located in those states.
• What is the documentation the ATF will require from the FFL/SOT dealers to prove the customer and/or dealer fall under the exemptions & what records do dealers need to maintain to produce during a future inspection?
• What is the process for the dealers to get an item off their eForms inventory if the item is transferred without a Form 4 via an exception?
• What will be the affect on Form 2s & Form 3s?
• Will these items purchased/transferred via an exception be eligible to be put on a Trust?
• If other responsible persons on the Trust do not fall under the exception, will they still be allowed to possess since the items themselves are still TECHNICALLY NFA items?
• Can exempt persons make their own suppressors/SBRs/SBSs now without a Form 1?
• The 1968 GCA was NOT impacted by this ruling …how is that going to impact SBRs & SBSs, & interstate transport?
• How will unregistered items be repaired, replaced, inherited, or resold?

We will update as soon as we have more guidance from the ATF since they are the ones who issue our license to deal in firearms and our butts are the ones on the line the most if something goes sideways with this. In the meantime, if you would like to purchase a suppressor, SBR, or SBS, we’ll be happy to get that ordered for you and hold it until this can be sorted out OR go ahead and submit a Form 4 for you.