ATF Extends Jensen Ruling on Suppressors, SBRs, SBSs and AOWs Nationwide

It seems like it’s been a long time since a District Court Judge ruled that, with the $200 price of a tax stamp gone, the National Firearms Act (which was justified as a tax) can no longer constitutionally regulate suppressors, short-barrel rifles, short-barrel shotguns and “any other weapons.” That, however, was only two months ago.

After an initial seven-day stay, the ruling took effect and the first cans sold with just a 4473 and standard background check happened with much fanfare at Silencer Shop just northwest of Austin.

The ruling only applies to the named plaintiffs in the case and their members (members of GOA and FPC), but that includes a lot of folks. And then the Trump Department of Justice announced that they would not be appealing the ruling. So while there are still ways this can be undone down the road, the Jensen/Silencer Shop Foundation ruling is the new reality. For now.

Given the import and magnitude of the change and the number of people it affects, there’s been a lot of demand for clarification from ATF as to how they now intend to enforce the law and what it means not only for suppressor sales, but also for people who want to add a stock to their AR pistol, build their own can, or SBR their M4.

Six weeks ago, ATF Director Robert Cekada announced via a Friday night tweet that the agency was working on that and would issue guidance “as soon as we are done.” Well, they’re done.

ATF has just posted the new rules of the road for cans, SBRs, SBSs and AOWs. You may have been impatient and wondered what was taking them so long, but in the federal regulatory agency world, getting this kind of thing out in just over 60 days is the equivalent of near-light speed.

Here are some of the highlights:

• As of today, ATF is extending the ruling nationally, beyond the named plaintiffs and their members. In other words, law-abiding Americans no longer need a Form 1 to make a suppressor, SBR, SBS or AOW and they no longer need a Form 4 to transfer one. These items will be covered by the Gun Control Act, meaning 4473s and NICS background checks.
• There are 15 states with laws on the books that require Form 1 and Form 4 processing by ATF for these items. ATF will continue to process these for people living in those states so that they can continue to make and own those items.
• The serial number engraving requirement for home made suppressors, SBRs, SBSs or AOWs is now waived.
• Keep in mind that the Gun Control Act and other provisions of the NFA are still in place. That means the GCA’s restrictions on interstate travel with SBRs and SBSs are still there. You’ll have to continue filing a Form 20 when you want to cross state lines with those.

There’s more, particularly for FFLs and manufacturers, but this is VERY good news for Americans across the country. You can read the Director’s guidance letter here.

There’s also a good FAQ document that accompanies the letter that we don’t have a link for yet, but will add as soon as it’s available.

FAQs here.