ATF Says Suppressor Transfers Without Form 4s Are Okay, More Guidance to Come

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The Bureau of Alcohol, Tobacco, Firearms and Explosives has finally commented on the status of suppressor deregulation following nearly two months of uncertainty and even chaos at gun shops across America on how suppressors can legally be sold to qualified buyers.

ATF director Robert Cekada delivered the opening keynote on “the new era of FFL compliance” at a summit in Dallas on Thursday, according to the event’s agenda.

An AmmoLand News correspondent who attended the event reported that many attendees wanted clarity on suppressor transfers following last month’s court ruling that essentially removed “silencers” from the National Firearms Act’s list of restricted items. 

Cekada reportedly told AmmoLand News that ATF inspectors, also known as Industry Operations Investigators, have been told not to count suppressors transferred on a 4473 form (the same one used to purchase a firearm) as violations. This is an effort to comply with the federal district ruling in Silencer Shop v. ATF.

Cekada reportedly added that he expects the ATF to release new guidance in a couple weeks, which will address points of confusion including interstate transport of suppressors and those states with laws requiring federal registration of suppressors.

The ATF did not immediately respond to requests for confirmation of Cekada’s comments via email and phone on Friday. A spokesperson for the National Shooting Sports Foundation said the organization couldn’t speak for the ATF. 

On Aug. 5 a federal district court ruled in favor of a handful of gun-rights groups and companies that make and sell suppressors. Previously, anyone who wanted to buy a suppressor needed to submit an ATF Form 4, fingerprints, and a photo, and wait for federal approval. While that process has been streamlined recently with waiting periods as short as a day in some cases and the NFA tax stamp slashed from $200 to $0, it’s still more onerous than purchasing a firearm.

Confusion and even chaos followed the ruling. The gun industry asked the ATF for guidance in a formal letter, but insiders also noted they weren’t surprised it hadn’t issued any.

“ATF is not normally in the position of interpreting law, especially when it was a judgment from a judge,” president and CEO of Silencer Central Brandon Maddox told OL in August.

Even as a handful of gun shops moved forward with transferring suppressors without a Form 4, many shops declined to do so in the event the ruling was reversed. 

“This is confusing for everyone and a difficult legal decision for even the industry to figure out. We’re advising everyone to proceed with caution,” NSSF managing director for public affairs Mark Oliva told OL last month in the absence of guidance from the ATF. “Being bold on this may not be in [a dealer’s] best business interest and we want them to stay in business.”

Read Next: ‘Confusing for Everyone.’ Suppressor Sales Boom Even as Many Gun Shops Wait for Federal Guidance After Deregulation Ruling

On Sept. 17 CBS reported that President Trump had instructed the Department of Justice not to appeal the court ruling. The outlet cited unnamed sources. The DOJ has until Oct. 5 to appeal or stay the decision.