A major federal court ruling that took effect on August 13, 2026 has changed how certain suppressor purchases may be handled.

The court ruled that several National Firearms Act registration and approval requirements can no longer be enforced against the plaintiffs and certain covered members and customers for firearms whose federal transfer and making taxes were reduced to $0. The injunction includes key provisions associated with the Form 4 approval process and federal NFA registration.

For eligible suppressor transactions in states that do not independently require NFA registration, this may allow for a significantly simpler transfer process.

However, this is still a developing area of law, and buyers should not assume that every FFL or SOT will immediately interpret or implement the ruling in the same way. Dealers may have different legal guidance, compliance policies, or risk tolerances, and some may continue requiring the traditional NFA process while the scope and practical effect of the ruling are further clarified.

How Tuna Cans Is Handling Transfers

On our end, Tuna Cans is continuing to use the ATF Form 3 process for dealer-to-dealer transfers. We are maintaining our existing internal transfer procedures to remain compliant while the legal landscape continues to develop.

Once the suppressor reaches the receiving dealer, that dealer is responsible for determining how the final transfer to the customer will be handled based on applicable federal law, state law, the court order, and the dealer’s own legal and compliance guidance.

Because of this, we strongly recommend confirming the transfer process with your receiving FFL/SOT before placing an order. Do not assume that a particular dealer will complete a transfer without a Form 4 simply because the transaction may qualify under the ruling.

Legal Disclaimer: This information is provided for general informational purposes only and is not legal advice. The August 2026 ruling involves an evolving area of federal firearms law, and its application may vary depending on the buyer, product, dealer, state, and specific circumstances. If you have questions about whether the ruling applies to you or how a transfer should be handled, consult a qualified attorney familiar with federal and state firearms law.

Which Products Are Covered?

The ruling applies to certain suppressors and AOWs (Any Other Weapons) purchased through Tuna Cans, provided the product qualifies under the court order.

Covered Products

Suppressors (silencers) purchased from Tuna Cans
AOWs (Any Other Weapons) purchased from Tuna Cans

Products Not Covered

The ruling does not remove existing NFA requirements for the following:

SBRs (Short-Barreled Rifles) — Form 4 requirements still apply due to separate requirements under the Gun Control Act (GCA).
SBSs (Short-Barreled Shotguns) — Form 4 requirements still apply for the same reason.
Machine Guns — Not covered by the ruling.
Destructive Devices — Not covered by the ruling.

How the Ruling Applies by State

Your purchase process depends on the laws in your state. States generally fall into three categories: Free States, NFA States, and Prohibited States.

Free States — 27 States

In these states, qualifying suppressors and AOWs are treated as GCA items, meaning a Form 4 is not required under the ruling.

Alabama
Arizona
Arkansas
Florida
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Minnesota
Missouri
Nebraska
New Hampshire
New Mexico
Oklahoma
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wyoming

States Where NFA Requirements Still Apply — 15 States

In these states, state law still requires the traditional Form 4 process for suppressors and AOWs despite the federal court ruling.

Alaska
Colorado
Connecticut
Georgia
Michigan
Mississippi
Montana
Nevada
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Washington
Wisconsin

States Where Suppressors Remain Prohibited

The ruling does not override state or local bans. Suppressors remain prohibited in the following jurisdictions:

California
Delaware
Hawaii
Illinois
Massachusetts
New Jersey
New York
Rhode Island
Washington, D.C.

What to Expect in a Free State

If you live in a Free State and are purchasing a qualifying suppressor or AOW through Tuna Cans that falls within the court ruling, the transfer process is significantly simpler than the traditional NFA process.

The Purchase Process

Purchase your suppressor or AOW from Tuna Cans.
Your order is shipped to your selected licensed dealer.
Once it arrives, visit the dealer and complete a standard ATF Form 4473.
Complete the required NICS background check.
Once approved, take your suppressor home.

There is no Form 4 filing, fingerprint submission, NFA registration, or ATF approval period for qualifying suppressors and AOWs covered by the ruling in these states.

In short: no Form 4 and no traditional NFA wait.

The federal transfer tax is currently $0, so there is no $200 tax payment associated with the transfer.

What to Expect in States That Still Require NFA Processing

In states where state law continues to require NFA registration, suppressors and AOWs must still go through the traditional Form 4 process before they can be transferred to the buyer.

That process generally includes:

Providing your fingerprints and photograph
Completing the required personal information
Having an ATF eForms account
Reviewing and certifying your Form 4
Electronically signing the required documents
Waiting for ATF approval before taking possession

The transfer tax remains $0, but the registration and approval process still applies in these states.

SBRs and SBSs Follow a Separate Process

The ruling does not eliminate the Form 4 process for Short-Barreled Rifles (SBRs) or Short-Barreled Shotguns (SBSs).

These firearms are subject to separate requirements under the Gun Control Act (GCA), so a Form 4 is still required in states where they are legal.

The federal transfer tax is currently $0, but buyers must still complete the required paperwork and receive approval before taking possession.

Common Questions About the New Process

Do I still have to register my suppressor?

If you are in a Free State and your suppressor or AOW qualifies under the ruling, the traditional federal NFA registration process does not apply to the transfer.

In states that continue to require NFA processing under state law, a Form 4 is still required.

Do I still need to file a Form 4?

It depends on the product and the state where you live.

Free States:
A Form 4 is not required for qualifying suppressors and AOWs covered by the ruling.

States That Still Require NFA Processing:
A Form 4 is still required for suppressors and AOWs.

SBRs and SBSs:
A Form 4 is still required regardless of the ruling.

What happened to the tax stamp?

The federal transfer tax was reduced to $0 effective January 1, 2026.

The court ruling described here goes beyond the tax itself by changing whether the underlying NFA registration process can be enforced for certain qualifying suppressor and AOW transfers in covered states.

So while the tax was already $0, the important change for qualifying buyers in Free States is the removal of the traditional Form 4 registration and approval process.

How long does a purchase take in a Free State?

There is no longer a separate ATF Form 4 approval period for qualifying transfers.

Once your suppressor arrives at your selected dealer, you can complete the Form 4473 and NICS background check required for the transfer. If the transfer is approved and there are no other delays, you can take possession without waiting for a Form 4 approval.

Do I need to be a Gun Owners of America member to qualify?

Yes. To qualify for protection under the ruling, you must be a current member of Gun Owners of America (GOA).

Your membership should be active at the time of purchase and transfer. In addition, the suppressor or AOW must otherwise meet the requirements of the ruling and be transferred in a state where the ruling applies.

If you are not already a GOA member, you will need to join Gun Owners of America before completing your qualifying purchase or transfer.

Could these rules change?

Yes. This ruling is part of an ongoing legal matter, and future court decisions, appeals, legislation, or regulatory action could change how these transfers are handled.

The information on this page reflects the current process described by the ruling. Buyers with questions about their individual legal situation should consult a qualified attorney.

Are machine guns and destructive devices included?

No.

Machine guns and destructive devices are not covered by this ruling and remain subject to their existing federal requirements.

The separate $200 transfer tax also continues to apply to these categories where applicable.

What if I purchased my suppressor before August 13, 2026?

If you currently have a pending Form 4 for a qualifying suppressor or AOW, the ruling may affect how your transfer can be completed.

Contact Tuna Cans or your transferring dealer for guidance regarding your specific order before making any changes to an existing application.

If your Form 4 has already been approved and the suppressor has already been transferred to you, there is generally no additional purchase-related action to take.

Can I still use a Form 4 in a Free State?

A customer may choose to continue with the traditional Form 4 process even when the ruling allows a qualifying transfer to proceed without one.

If you prefer that option, speak with your transferring dealer before completing the transfer so they can explain the process available for your order.