How to Buy a Suppressor in 2026: The New Process After ATF's October 9 Change

By The Release Desk · Updated Oct 17, 2026 · How we verify · Editorial standards

For 92 years, buying a suppressor meant a $200 tax, fingerprints, passport photos, a federal registry entry and months of waiting on ATF. As of October 9, 2026, ATF has stopped enforcing all of that for suppressors. In most of the country you can now buy a can the way you buy a pistol: pick it out, fill out a Form 4473, pass the background check and walk out with it. Here is exactly how it works, what still applies, and where state law can still trip you up.

The short answer

• No Form 4, no ATF approval wait, no $200 stamp. ATF says it will not enforce the NFA's approval, registration or tax-stamp requirements for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs) and "any other weapons" (AOWs). The tax on these items has been $0 since January 1, 2026.
• You still fill out a Form 4473 and pass NICS. Suppressors are still "firearms" under the Gun Control Act. A dealer must complete a Form 4473, run a National Instant Criminal Background Check System (NICS) check unless an exemption applies, and keep records.
• You buy in your home state. With limited exceptions, a dealer may only sell a suppressor to a resident of the state where the dealer is licensed.
• State law still controls. Eight states ban civilian suppressor ownership, and about 15 more tie legality to federal registration or compliance. The federal change doesn't override any of them.
• It's an enforcement policy, not a repeal. The statute is still on the books. ATF itself warns that enforcement could resume and that unregistered items wouldn't automatically be grandfathered.

Why this happened: from $200 to $0 to no enforcement

A suppressor is hearing protection. It never belonged in the same legal box as machine guns, and in 2026 the law finally started to reflect that, in three steps.

First, the One Big Beautiful Bill Act (Pub. L. 119-21), signed July 4, 2025, cut the NFA making and transfer tax on suppressors, SBRs, SBSs and AOWs from $200 to $0, effective January 1, 2026. The registration system stayed in place, and buyers still waited on ATF.

Second, on August 5, 2026, the U.S. District Court for the Northern District of Texas ruled in Silencer Shop Foundation v. ATF, No. 6:25-cv-056, that with the tax at zero, the NFA's making, registration and transfer provisions for those four categories were no longer a valid exercise of Congress's taxing power. The court also held that Congress didn't rely on its commerce power when it passed the NFA. That injunction covered only the plaintiffs and their members and customers.

Third, on October 9, 2026, the Justice Department and ATF applied that result to everyone. For suppressors, SBRs, SBSs and AOWs, ATF said it would stop enforcing prior approval to make or transfer, registration, the NFA marking requirement, the bans on possessing or transferring unregistered items (except obliterated-serial and illegally imported items), and the ban on carrying unregistered NFA items across state lines. Machine guns and destructive devices are untouched; they still carry the $200 tax and every NFA rule.

Step by step: how to buy a suppressor now

1. Confirm your state allows it. Check the state table below. If you live in one of the eight ban states, stop here. If you live in a state whose law references federal registration, read that section before you buy.
2. Pick your can. Match the suppressor to your caliber, thread pitch and mounting system. Our new suppressors of 2026 guide tracks every new model's MSRP and shipping status.
3. Choose a dealer in your state. Buy at a local shop, or buy online and have the seller ship to a licensed dealer in your state. ATF says dealer-to-dealer interstate transfers of suppressors no longer need a Form 3, though Form 3s can still be filed voluntarily.
4. Fill out ATF Form 4473 and pass the background check. You'll show ID and answer the same questions as for any handgun. The dealer runs NICS unless an exemption applies, such as a qualifying state permit. Expect state-specific steps too, like a permit-to-purchase or a state background check where your state requires one.
5. Meet the age requirement. A suppressor is a "firearm" that isn't a rifle or shotgun, so federal law bars dealers from selling one to anyone under 21 (18 U.S.C. § 922(b)(1)).
6. Keep your paperwork, and consider a voluntary Form 4. ATF still accepts Form 4 and Form 1 filings from anyone who wants an item registered. In states that tie legality to federal registration, many owners will want to.

What still applies, federally

This is where most of the bad information online lives, so here's the precise list, straight from ATF's October 9 FAQ:

• Form 4473 and NICS. Required for every dealer transfer to an unlicensed buyer, unless a NICS exemption applies.
• Prohibited persons. No one may sell or deliver a suppressor to a person they know or have reasonable cause to believe is prohibited from possessing firearms.
• In-state sales only, for the most part. Dealers may only sell to residents of their own state, with limited exceptions. Unlicensed individuals may not transfer suppressors to residents of other states.
• No dealing without a license. Unlicensed individuals still can't engage in the business of making or selling suppressors. Businesses still pay the NFA special occupational tax.
• Dealers must follow state and local law. Under 18 U.S.C. § 922(b)(2), a dealer can't sell a suppressor where state or local law forbids it, and ATF warns of criminal penalties and license revocation for dealers who do.
• Machine guns and destructive devices. Fully regulated under the NFA, with the $200 tax.

State-by-state legality

ATF's own FAQ says it "cannot opine" on whether an unregistered suppressor held under its enforcement discretion counts as lawfully held or registered for state-law purposes, and it notes that most states require NFA items to comply with federal law or be registered. That's why your state matters more than ever.

Groupings follow the American Suppressor Association's count of eight ban states and the state lists published by Silencer Shop, Firearms News and Capitol Armory. State laws change, and these groupings are a starting point, not legal advice.

Michigan

Michigan's ban on mufflers and silencers, MCL 750.224, exempts only "a person licensed by the secretary of the treasury of the United States" to make, sell or possess one. Michigan Attorney General Opinion 7260 has long been read to cover people licensed or approved by ATF, which in practice meant NFA registration. With ATF no longer approving individual transfers unless you file voluntarily, it's unsettled whether an unregistered suppressor bought on a Form 4473 alone fits that exception. Until the Legislature or the courts clarify it, Michigan buyers should talk to their dealer and seriously consider filing a voluntary Form 4.

Maryland

A Maryland State Police advisory (October 15, 2026) says ATF's letter doesn't change state requirements for short-barreled rifles and shotguns, which still need an approved Form 1 or Form 4. Silencer Shop lists Maryland among the states where suppressors can be bought on a Form 4473 alone. Confirm with your dealer.

Hunting is a separate question

Owning a suppressor and hunting with one are governed by different rules. The American Suppressor Association counts 42 states that allow ownership and 41 that allow hunting with a suppressor. Check your state wildlife agency's regulations before you take a can to the field.

What about SBRs, SBSs and AOWs?

The same enforcement policy covers short-barreled rifles, short-barreled shotguns and AOWs, with two differences worth knowing. First, to take an SBR or SBS across state lines you still need ATF approval on Form 20 under 18 U.S.C. § 922(a)(4), registered or not. Second, the Gun Control Act separately bars dealers from selling SBRs and SBSs except as authorized by the Attorney General (18 U.S.C. § 922(b)(4)). ATF says it will not enforce that provision until it writes regulations for a non-NFA approval process. Several states, including Maryland and Michigan, tie SBR and SBS legality to federal registration. See our NFA updates page for the full timeline.

The risks nobody should gloss over

ATF's own FAQ lays out the risks:

• Enforcement could resume. Congress could impose a new tax, the injunction could be overturned, or the Justice Department could rescind its guidelines.
• No automatic grandfathering. Federal law doesn't generally allow late registration. The Attorney General may hold an amnesty of up to 90 days but isn't required to.
• Unregistering is a one-way door. If you ask ATF to remove a registered item from the registry, it can't be re-registered unless there's an amnesty.
• Other courts aren't bound. A district court ruling doesn't bind other federal courts or state courts.

For many owners, especially in states that reference federal registration, a voluntary Form 4 is cheap insurance. The tax is $0, and the registry entry documents that you acquired the can lawfully.

New suppressors we're tracking

We track 5 new 2026 suppressors; 0 are confirmed shipping.

Want the full breakdown with specs? See new suppressors 2026: prices, specs and release dates, or browse all new gear and accessories. Already paid a $200 stamp? Read whether you can get an NFA tax stamp refund.

Frequently asked questions

Do I still need a tax stamp to buy a suppressor in 2026?

No. The NFA tax on suppressors has been $0 since January 1, 2026, and since October 9, 2026 ATF has not enforced the stamp, Form 4 approval or registration requirements for suppressors. You can still file a Form 4 voluntarily.

Do I still have to fill out a Form 4473 for a suppressor?

Yes. ATF's October 9 guidance says suppressors remain firearms under the Gun Control Act, so a dealer must complete a Form 4473 and run a NICS check unless an exemption applies.

How long does it take to buy a suppressor now?

In states without a registration tie or extra state steps, about as long as buying a handgun: the time it takes to complete the Form 4473 and the background check. If you choose to file a voluntary Form 4, ATF processing time applies to that filing.

How old do you have to be to buy a suppressor?

21 from a licensed dealer. A suppressor is a firearm that isn't a rifle or shotgun, and 18 U.S.C. 922(b)(1) bars dealers from selling those to anyone under 21. State law may add requirements.

Can I buy a suppressor online and have it shipped?

You can buy online, but it must ship to a licensed dealer in your state, who completes the Form 4473 and background check. ATF no longer requires a Form 3 for dealer-to-dealer transfers of suppressors.

Sources

1. ATF: Update to NFA Transfer Guidance (Oct. 9, 2026)
2. ATF FAQs accompanying the Oct. 9, 2026 open letter (PDF)
3. ATF press release, Oct. 9, 2026
4. 18 U.S.C. § 922 (unlawful acts, including (a)(4), (b)(1), (b)(2), (b)(4))
5. 18 U.S.C. § 921 (definition of firearm and silencer)
6. 26 U.S.C. § 5861 (NFA prohibited acts)
7. Federal Register: proposed Form 4473 revision (May 8, 2026)
8. Michigan Compiled Laws § 750.224
9. Maryland State Police advisory LD-FRU-26-001 (Oct. 15, 2026)
10. American Suppressor Association: ATF Issues Suppressor Guidance
11. American Suppressor Association: state bans (42 states legal, 8 banned)
12. Firearms News: which states allow suppressor sales without NFA paperwork
13. Capitol Armory: state suppressor laws
14. Silencer Shop: NFA ruling FAQ (state groupings, dealer process)
15. AmmoLand: state NFA laws after ATF's change (Michigan AG Opinion 7260)

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