08/15/2026
We are receiving phone calls and facebook messages asking about the injunction to be clear, Everharts Outdoors will not transfer suppressors, short-barreled rifles, or short-barreled shotguns without a form 4. You are almost certainly not going to find a store that is willing to do so until the ATF sends out clear instructions on what and how we are supposed to do the sells. Our livelihoods are in these stores so the risk is not worth the reward.
As a federally licensed dealer with a Special Occupation Tax we are bound by the rules of the ATF. We expect that the ATF will be issuing new guidance to FFLs, in the future, until then we will continue to follow the current rules.
The following is some detail about the rules and risk of not following them. We aren’t a law firm though. So, trust this as much as anything you find on the internet.
1. The Injunction Is Party-Specific, Not Nationwide
The August 5, 2026 ruling by Judge James Wesley Hendrix in the Northern District of Texas did not issue a universal, nationwide injunction.
• Relief was granted specifically to the named plaintiffs (such as Silencer Shop Foundation and its covered commercial members/customers).
• For FFLs outside that specific lawsuit framework, transferring an NFA item without an approved Form 4 remains a potential federal violation under 26 U.S.C. § 5861.
2. Appellate Stays and Fluid Status
The district court placed a 7-day stay on its own ruling, and the Department of Justice is actively seeking stays pending appeal in the 5th Circuit. Until higher courts finalize the scope of the injunction or the ATF issues an official industry newsletter/bulletin altering transfer workflows, standard Form 4 processing remains the enforced rule of law for standard FFLs.
3. Background Checks & State Laws Still Apply
Even if federal NFA registration rules change down the line:
• Suppressors are still defined as fi****ms under Title 18 of the Gun Control Act (GCA). Over-the-counter transfers would still require standard ATF Form 4473 / NICS background checks.
• State laws in many jurisdictions explicitly require NFA compliance for suppressor possession.
Summary of Key Points for Your Business
• Risk Management: Unlawful transfer of an NFA item carries penalties up to 10 years in federal prison, $10,000 in fines, and immediate revocation of your FFL/SOT.
