Pro-2A Orgs Celebrate ATF’s Suppressor Guidance, But Caution Its Not ‘Permanent Fix’
By Daily Caller News Foundation (/journals/dcnf)
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.”
Republican Georgia Rep. Andrew Clyde also celebrated the guidance on X.
“Effective today, the ATF will no longer require individuals to seek ATF approval under the NFA before making or transferring suppressors, SBRs, SBSs, and AOWs,” Clyde posted. “Biggest restoration of Americans’ 2A rights in history.”
Chief United States District Judge Stephen R. Clark of the Eastern District of Missouri, a Trump appointee, scheduled a status conference for Brown v. ATF, a similar case to the one in Texas, for Oct. 22.
“After more than 90 years under the NFA restrictions, all citizens can now take one step forward in their ability to freely exercise their Second Amendment freedoms,” SAF founder and Executive Vice President Alan M. Gottlieb said in a statement. “SAF has fought for more than 50 years to ensure the right to keep and bear arms continues for generations. While the fight for a more permanent solution continues, we are optimistic about the guidance issued and commend the administration for recognizing the unconstitutionality of the NFA’s registration scheme.”
“We will continue to provide updates to our members, donors and supporters as we read through the entire document, but rest assured today is a good day for Second Amendment rights,” Gottlieb continued.
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All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.