Pro-2A Orgs Celebrate ATF’s Suppressor Guidance, But Caution Its Not ‘Permanent Fix’

Pro-Second Amendment lawmakers and organizations hailed new guidance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the wake of a federal judge’s ruling regarding the National Firearms Act, but warned that more needed to be done to make the effects permanent.

The new guidance, released Friday in an open letter and a more detailed “frequently asked questions” (FAQ) document, was sent to all federally-licensed firearms dealers (FFLs) about how ATF would implement the federal laws impacted by the ruling, while steering clear of overriding local rules. Second Amendment Foundation (SAF) Executive Director Adam Kraut noted that while helpful, the new letter was not a “permanent fix.”

“While the guidance released today alleviates some questions in relation to the logistical application of the Jensen injunction, by its very nature purely as ‘guidance’ it cannot, and does not, provide a permanent fix for many remaining elements of the NFA,” Kraut said in a statement. “For that reason, our other two NFA cases – Brown v. ATF and Roberts v. ATF – will continue, so citizens can finally be relieved of this unconstitutional infringement on their Second Amendment rights.”

United States District Judge James Wesley Hendrix of the Northern District of Texas, a Trump appointee, handed down his ruling striking down the NFA requirements on Aug. 5 on the grounds that reducing the transfer tax to $0 in 2025’s One Big Beautiful Bill Act rendered the registration and processing requirements of the NFA unconstitutional. The Justice Department informed Congress it would not be appealing the decision in a Sept. 24 letter.

“The NRA worked hand-in-glove with pro-gun lawmakers to zero out the unconstitutional NFA tax. Following this legislative milestone, the NRA and our allies took that opening into court to file several NFA challenges, including Jensen v. ATF, and won,” NRA-ILA Executive Director John Commerford said in a release. “Now the Trump administration has confirmed it will stop treating law-abiding Americans as if they still need special permission from the government to own hearing protection, rifles, or shotguns. While this is a historic victory, our work is far from over to ensure that all law-abiding Americans have access to these rights, regardless of what state they live in.”

ATF said it will no longer require Form 4s for the transfer of suppressors, short-barreled rifles, short-barreled shotguns, and “any other weapons,” a legal category to cover other firearms not defined in federal law. However, the agency also noted that state and local laws were not affected by the injunction, nor did the court strike down laws regarding transportation of certain items.

Republican Colorado Rep. Lauren Boebert, who co-chairs the Second Amendment Caucus, praised the guidance.

“This is a long-overdue win for law-abiding Americans and a direct result of both the courts and Congress doing the right thing,” Boebert said in a release. “I was proud to vote for the One Big Beautiful Bill, which included the provision that eliminated the NFA tax on short-barreled rifles, short-barreled shotguns, suppressors, and certain other firearms.”

“Once the tax was gone, the registration scheme lost its constitutional foundation,” Boebert continued. “The Justice Department decision finally puts that reality into practice for gun owners across the country.”