What Happened, What is Happening, and How Do We Proceed?

After pressure from Congress, the President, and the firearms industry, the ATF provided new guidance regarding certain National Firearms Act (NFA) items on October 9, 2026, which included suppressors.  The new guidance was to provide some clarity due recent court decisions and the confusion that followed.  Some of the court decisions created more questions than they answered, especially since they only covered the classes named in the lawsuits and didn’t expand to include all affected persons outside of the class action.  While we believe there has been significant progress in the proper direction, there is still much more to do- especially for Congress.  

In the excitement and everyone proclaiming “NFA is Dead!”, often overlooked is what those decisions, and what the new ATF guidance actually states, and how that effects the firearms industry.  There is a ton of false information floating around social media, even from some well-meaning dealers and manufacturers.  While the NFA is on the ropes and hopefully breathing its last breath, the heart hasn’t stopped beating yet.

Where We Stand

Next Level Armament is cautiously optimistic that Congress will address the current laws that are still in effect, whether it is creating new laws, refining current laws, or simply removing laws that contradict the court decisions.

We believe the most important word used in the entire Guidance Letter is “enforced”.  The ATF is simply not enforcing certain aspects of the NFA.  This doesn’t mean the laws no longer exist, because they still exist until Congress removes or changes them.  It’s important to note that nothing has changed with the Gun Control Act (GCA), so while some parts of the NFA aren’t being enforced, that doesn’t mean NFA items (including suppressors) are no longer regulated or restricted.  You also have to consider and State and Local Laws and the restrictions they may create.

In their guidance letter, the ATF cautions that future administrations could in fact decide to start enforcing the current laws, or that Congress could pass different laws that effect the possession and registration of NFA items. This could lead to criminal charges or surrendering your “unproperly registered” suppressor.  There is no guarantee of being “grandfathered in”.  Therefore, the big question becomes: While the ATF looks the other way, how much risk are you willing to take?

The two most common questions we receive at Next Level:

Q:  The NFA is no longer valid, can you ship a suppressor to my house?

A:  No.  While the tax stamp is gone, which led to the court decisions on the individual transfer process and eventually the current ATF Guidance, removal from the NFA does not mean unregulated.  Suppressors are still regulated under the Gun Control Act and must be transferred through a properly licensed dealer.

Q: I have an FFL, but no SOT.  Can I receive and sell suppressors?

A:  No.  The ATF addressed this in their FAQ section – While the taxes on the NFA items have been removed, there has been no change in the SOT tax requirement for manufacturing, importing, or dealing in these items.  

How is Next Level proceeding with the current developments?

As of now, until the current laws are rescinded or changed, or new laws are passed, we are proceeding as usual.  As a manufacturer, we are held to a higher standard than a dealer and do not wish to risk our company and livelihood on the assumption that it will “never go back”.  Since we are located in Michigan, Michigan Law regarding NFA items mirrors Federal Law, so no change in Federal Law means no change for us.  

This means we will continue to use the ATF Form 2 to notify and register suppressors with the ATF when they are manufactured.  We require an FFL and SOT for us to ship to any dealer and will continue to use the Form 3 to complete that process.  How a dealer chooses to transfer to individuals, whether using a standard 4473 or a Form 4, is up to that dealer to decide based upon their own judgment and their State and Local Laws.

Let us Hope and Pray that Congress addresses this properly and removes any and all restrictions for suppressors!

Reference:

Update to NFA Transfer Guidance