The injunction is now in effect.

• SilencerCo helped secure a major legal victory in a lawsuit challenging portions of the National Firearms Act (NFA).

• The court ruled on Aug 5th that the challenged NFA requirements exceed Congress’s constitutional authority as applied to untaxed firearms. The seven-day stay of the injunction expired as of August 13th.

• As a result, the government is blocked from enforcing the NFA provisions. The injunction is in effect! The defendants still have approximately two months from Aug 5th to appeal the decision.
Dealers remain responsible for complying with all applicable federal, state and local laws. Below we describe our understanding of what this means:

    Qualifying transactions will still be subject to applicable federal firearm requirements, including the standard Form 4473 and background-check process.
    The injunction is not universal and does not apply to every suppressor, manufacturer, dealer, customer or transaction.
    State and local laws governing suppressor purchases, possession and use remain in effect.
    SilencerCo will continue to use Form 2 and Form 3 to ensure that dealers and customers can still utilize the Form 4 process where required or, if not required, where desired.
    In states where state law allows, Dealers may, if they choose, sell and transfer SilencerCo suppressors purchased directly from SilencerCo, or from an authorized distributor, to customers using the standard Form 4473 and applicable background check process rather than the Form 4 process. In filling out Form 4473 for suppressors, dealers should check “Other Firearm” in Box 16 and should NOT check Box 20.
    SilencerCo expects the ATF to continue to process Form 4s, including Form 4s already submitted and Form 4s submitted going forward, regardless of whether the Form 4 is required or not.