Are Suppressors Still on the NFA? The 2026 Tax Change and Court Ruling

Suppressors have not been removed from the National Firearms Act for everyone. Two different developments explain the headlines: a federal tax reduction effective January 1, 2026, and an August court injunction that limits enforcement of certain NFA provisions for covered parties.

This report was checked September 7, 2026. It explains the published decisions, rather than determining whether a particular person or transaction qualifies for relief. For an individual situation, consult an attorney familiar with current federal and state law.

January 2026: the tax changed

The 2025 legislation reduced the federal making and transfer tax to $0 for suppressors, short-barreled rifles, short-barreled shotguns, and the NFA category called “any other weapons.” The change took effect January 1, 2026. A zero-dollar tax did not itself delete those categories from the NFA or repeal its registration provisions. ATF subsequently amended its regulations to reflect the statutory tax change. See the May 2026 Federal Register rule.

August 2026: a court limited enforcement

On August 5, the U.S. District Court for the Northern District of Texas ruled in the consolidated cases Silencer Shop Foundation v. ATF and Jensen v. ATF. The court concluded that the challenged NFA provisions exceeded Congress’s enumerated powers as applied to untaxed firearms. It did not decide the plaintiffs’ Second Amendment claims.

The remedy was a permanent injunction against enforcement of specified provisions for covered parties. The court declined to grant a universal injunction or separate declaratory relief. That distinction matters: an enforcement restriction with a defined scope is not the same as Congress repealing the NFA for the entire country. See the court’s opinion, especially pages 58–66.

According to the Second Amendment Foundation’s August 20 status update, the initial judicial stay expired on August 13 and the injunction took effect. The same update notes that an appeal remained possible and that implementation questions remained. Expiration of the initial stay does not mean the appeal window has closed. See SAF’s dated injunction update.

Why “suppressors are off the NFA” is too broad

The opinion limits relief to the plaintiffs and, where applicable, their agencies, political subdivisions, members, and customers. It also restricts the circumstances in which customer-related relief applies. It expressly rejects treating that relief as covering every NFA firearm a customer might possess or every unrelated transaction. The two consolidated cases also differ in some of the provisions and firearm categories covered. Those details make a blanket headline misleading. See pages 60–66 of the opinion.

State laws are another separate issue. The federal injunction does not suspend state restrictions. SAF specifically flags states that prohibit certain firearms or tie their legality to NFA compliance. Its update also identifies unresolved dealer recordkeeping and implementation questions. A social-media post cannot settle those questions for a particular reader. See SAF’s explanation of the remaining limits.

What to watch next

The state-law question remained active in September. On September 2, Representative Andrew Clyde’s office announced a request for Georgia’s attorney general to clarify the interaction between Georgia law and the federal ruling. That request is not itself a change in Georgia law. See the September 2 congressional announcement.

• Further district-court or appellate orders that change the injunction’s scope or effect.
• Published ATF or Justice Department guidance explaining implementation.
• Official state guidance addressing laws that refer to federal registration.

Check the dates on those sources. A January explanation of the tax change predates the August ruling, and an August litigation update should not be presented as a guarantee about future enforcement. Our earlier suppressor guide has been consolidated into this report to keep the legal update in one place.

For broader context, read our state firearms law overview.