Want to know if you can buy a silencer without BATFE preapproval??? Well, if you’re a member of Gun Owners of America — sure. Otherwise, not a great idea. The why???
Well, in the recent August 5, 2026, decision of Silencer Shop Found. v. Bureau of Alcohol, Tobacco, Firearms & Explosives, Case No. 6:25-CV-056-H, (N.D. Tex. Aug. 5, 2026), the Texas federal district court entered a national injunction in favor of all members of the Plaintiff organizations. For most of us — that means just members of GOA. That’s the new 2026 ruling out of the United States Supreme Court — no more national injunctions by a lower court except in special instances. Constitutional decisions are limited only to the plaintiffs who brought the case and, if an organization, also their membership. GOA was one of the plaintiffs in this case, so their membership is included. So, what’s the decision?
“In 2025, Congress eliminated the NFA’s transfer and making taxes (in Trump’s the One Big Beautiful Bill) for four categories of firearms: short-barreled shotguns, short-barreled rifles, silencers, and a final, defined group of miscellaneous firearms. Because today’s NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power. And there is no sign in the NFA’s text, structure, or statutory history that Congress invoked any other power in crafting the NFA provisions at issue. Thus, the regulatory provisions must be enjoined as unconstitutional because they exceed Congress’s enumerated powers.”
So, at least unless and until Congress passes a new law taxing these weapons — if you are a GOA member — you can purchase them without BATFE approval — assuming you can find a dealer willing to sell them – as they might have some real worries since they are rarely a GOA member, and the regs to them are unchanged. Of course, you will likely need to fill out the Form 4473 on purchase, and I assume you will need your GOA issued i/d card – because if I’m correct on the need for a Form 4473 — they’ll need to have a copy of that attached. In other words — still a whole mess of regulatory things need to be worked out.
Hope that helps.
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