FFLs Pass ATF Inspections After Transferring Suppressors on Form 4473
Since the stay in Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Jensen v. ATF has been lifted, many federal firearms licensees (FFLs) have started transferring suppressors on ATF Form 4473s and have dropped the requirement for a Form 4 for people covered by the injunction, with little guidance from the ATF.
In the landmark cases, a judge in Texas enjoined the ATF from enforcing the National Firearms Act (NFA) requirements for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any other weapons (AOWs) for the plaintiffs, members of the organizations, and the Silencer Shop Foundation. The plaintiffs in Jensen have the same protections, except for AOWs. However, even though NFA restrictions were lifted for SBRs and SBSs, they still require a Form 4 to be transferred by an FFL due to the Attorney General notification requirements under the Gun Control Act (GCA).
Many FFLs have held off on transferring suppressors on a Form 4473 due to a lack of guidance from the ATF. Many expected the ATF to issue guidance relatively quickly, but there have been delays.
Inside sources pointed to delays above the ATF, and there is no timeline for the guidance to be released. This delay has led to more and more FFLs starting to transfer suppressors on 4473s.
Many questions and rumors have been swirling online, prompting an AmmoLand News investigation. One rumor was that FFLs received a widespread notification not to transfer suppressors on a 4473. We determined that no widespread notification has been sent to FFLs. Another rumor was that the ATF was issuing cease-and-desist letters to FFLs to prevent them from transferring suppressors on a 4473. AmmoLand News has found no evidence that this is true; it is mostly just another internet rumor.
What AmmoLand News has determined, after speaking to multiple sources on condition of anonymity, is that at least four inspections in four states (East Coast, South, Midwest, and Southwest) have occurred at shops that have transferred suppressors on 4473s. The lawsuits did not trigger these inspections. They were scheduled inspections that just happened to occur after the transfers started. These were routine inspections conducted every few years.
All four shops have been transferring suppressors on 4473s, and all four shops passed with 0 violations. The industry operations inspectors (IOIs) did not consider these suppressor transfers a violation because of the injunction issued by Texas. All four shops were corporate members of the organizations in the lawsuits, or the suppressors were transferred to members of one of the organizations. According to AmmoLand sources, what some shops have done to keep separate books for NFA and GCA items is mark them “disposed” in their NFA books and move them to the GCA books for transfers. This seems to have satisfied the IOIs in at least two states.
We cannot say for sure that every IOI in every state will follow the same procedure, but the fact that four separate FFLs in four separate states have passed inspections while transferring suppressors on a 4473 shows widespread acceptance. It is unknown whether guidance has been initiated from the top of the ATF or from the individual branch office.
The federal government has seemed reluctant to release guidelines for FFLs, leaving many FFLs feeling in limbo.
If the Trump administration wants to count on gun owners’ votes in the midterms, the guidance should be released as soon as possible to put the gun shop owners’ minds at ease. If they refuse to, the court should force the government’s hand by issuing an order requiring the ATF to do so immediately.
This report is not legal advice. Dealers and prospective buyers should consult qualified counsel before relying on the injunction.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @right2bear, or at www.crumpy.com.
