Buyer's guide · Federal and state law

How buying a suppressor works (November 2026)

Last reviewed Nov 6, 2026. Federal rules changed twice in 2026 and may change again. Each claim below links to its source.

The short version

• Tax stamp: $0. Since Jan 1, 2026 the federal making and transfer tax on suppressors, short-barreled rifles and shotguns, and "any other weapons" is $0. Machine guns and destructive devices still carry $200[1][2][3].
• Federal approval and registration: not enforced right now. On Aug 5, 2026 a federal court in the Northern District of Texas (Silencer Shop Foundation v. ATF) barred enforcement of the NFA's approval and registration rules for $0-tax items against the plaintiffs, their members and customers. On Sept 24, 2026 the Solicitor General told Congress the Justice Department would not appeal. On Oct 9, 2026 ATF said it would stop enforcing those rules for everyone, as a matter of enforcement discretion, and would keep accepting voluntary Forms 1, 3 and 4[4][5][3].
• That is policy, not repeal. The NFA is still on the books. ATF itself says enforcement could resume if Congress imposes a new tax, the injunction is dissolved or overturned, or the Department rescinds its guidance[3]. A Senate bill to restore the $200 taxes (S. 3512) was introduced in Dec 2025, and the Hearing Protection Act (S. 364) would instead remove silencers from the NFA[6][7]. Both sit in the Senate Finance Committee with no action since referral, per federal bill-status data[8][9]. Democrats won control of both chambers in the Nov 3, 2026 midterms[10]. We do not predict what the next Congress will do.
• State law still applies. 8 states ban civilian ownership, and Silencer Shop counts 15 states where state law still requires the Form 4 process[11]. Check your state.

What did not change

Suppressors are still "firearms" under the Gun Control Act. Dealers must complete an ATF Form 4473 and, unless exempt, run a NICS background check before transferring one; they keep transaction records; they may generally sell only to residents of the state where they are licensed; and they may not transfer in violation of state or local law. Prohibited persons still may not possess one[3][5]. In practice you still buy through a licensed dealer and pass a background check.

Step by step

1. Check your state. If you live in CA, DE, HI, IL, MA, NJ, NY or RI, civilian ownership is banned; Connecticut allows owning one but not hunting with it[12]. ATF says most states require NFA items to comply with federal law or be registered, and that it cannot say whether an unregistered suppressor counts as lawfully held under state law[3]. If your state's statute mentions federal registration, ask a local attorney.
2. Pick a model and a dealer. Our price comparison is launching soon; until then, our guide to choosing a suppressor covers caliber, mounts and hosts. Online retailers ship to a local licensed dealer, who may charge a transfer fee. Fees vary by dealer; we have not sourced a typical range, so we leave it out of our totals.
3. Decide whether to file a voluntary eForm 4. ATF still accepts and approves them[3]. Buyers may file because their state's law references federal registration, because they hunt or travel in such a state, or to have paperwork in place if federal policy reverses. Two cautions from ATF: federal law does not generally allow registering an unregistered item later, and an item removed from the registry cannot be re-registered unless the Attorney General declares an amnesty[3]. Silencer Shop advises deciding at the dealer's counter for the same reason[11]. We cannot tell you whether to file.
4. If you file: the Form 4. The federal regulation still says the transferor (your dealer) files the Form 4; an individual buyer attaches a 2x2 photo and two FD-258 fingerprint cards; a trust or other entity attaches its documents plus a Form 5320.23, photo and fingerprints for each responsible person; and a copy goes to your chief law enforcement officer. The tax due is $0[1][13]. We could not confirm whether ATF has relaxed any of these steps for voluntary filings.
5. Wait, if you filed. ATF's latest published average for an individual eForm 4 is 6 days (median 5) for applications finalized in August 2026[14]. Silencer Shop reports a 3 days median for individual eForm 4s over the 30 days before Nov 6, 2026[15]. All wait-time figures.
6. Pick up. At the dealer you complete the Form 4473 and background check and take the suppressor home, subject to your state's rules.

Traveling

ATF says it will not enforce the NFA rule against moving unregistered $0-tax items across state lines[3]. Silencer Shop notes ATF says it is unclear whether the federal safe-passage law protects an unregistered item, so check every state on your route[11].

Hunting

Hunting with a suppressor is legal in 41 states, with limits in Georgia and Vermont[12][2]. See the state table.