Bradon Herrera takes the first non-NFA silencer transfer in more than 90 years. Image credit: GOA Good afternoon, everyone, and welcome back to TFB’s Silencer Saturday, brought to you by Yankee Hill Machine, manufacturer of the new Victra 20-gauge shotgun suppressor. It has actually happened. Licensed dealers have sold silencers to customers without NFA paperwork, and it was all legal. But the facts on the ground are very complicated. Dealers and customers alike are trying to figure out what is or is not legal. Let’s take a survey of the current status. Silencer Saturday @ TFB: Silencer Saturday #444: So What Happens Next With The Big NFA Lawsuit? Silencer Saturday #443: An Extra-Unique AR7 Silencer Saturday #442: An ATF Numbers Update Silencer Saturday #441: BOE Suppression IncoLite 9 Series First Look Silencer Saturday #440: A Special Integral Upper From The DEA Archives The LawsuitJust over a week ago, a federal judge in Texas issued an injunction stating that the National Firearms Act (NFA) was unconstitutional with respect to silencers, short barrel rifles, and short barrel shotguns. But the injunction itself left a lot of confusion. It does not apply uniformly across the US, and it does not even apply uniformly across all parties in the lawsuit (for example, AOWs are only exempt from the NFA for certain parties).This has led to a ton of confusion around the NFA world. Because the plaintiffs fall into various classes, like gun rights organizations, manufacturers, and dealers, what it means for each of them is convoluted at best. Layer on top of the federal uncertainty the state-level differences in how NFA items are regulated, and you have a perfect storm of regulatory confusion.Rumors have been circulating that the ATF would soon publish guidance to clear up these issues. I reached out to the ATF for an official comment and got back this response from an ATF Spokesperson:“ATF is processing forms and will continue to process forms consistent with applicable law, regulations, and agency policy. ATF cannot provide legal advice or interpret court rulings for individuals. Anyone who has questions about how a court ruling may affect their particular circumstances should consult with their attorney for legal advice.”That is not very helpful, and people waiting for a rumored announcement on Monday that clears up the squishy parts of implementation are likely to be disappointed. But those transfers are going ahead now among the named plaintiffs. Silencer ShopIn the transfer heard ‘round the world, Brandon Herrera purchased a suppressor from Silencer Shop at 12:01 AM without a Form 4 as soon as the injunction was in place. The ATF was warned by Gun Owners of America that this transfer was planned, and the ATF did not appeal to stop the injunction, nor did they send agents to prevent the transfer. This was a very public demonstration that the injunction was real and would be changing the transfer process, at least for the named plaintiffs.Silencer Shop has an article posted on its website detailing their position on current NFA applicability. I would not advise anyone to consider that article legal advice. It makes a bold, general statement that “In the 27 Free States, suppressors are off the NFA entirely.” That may be true for suppressors purchased from Silencer Shop, but is not generally true for all silencer transfers within those 27 states. The transferee or transferor still needs to be covered by some portion of the injunction directly. A silencer not made by a plaintiff, sold through a store that is not in the Silencer Shop network, to a person who is not a member of GOA is most likely still subject to the NFA.PSAPalmetto State Armory (with whom I have a close relationship) was one of the plaintiffs in the lawsuit and is now reaping the rewards. In a video posted on YouTube, Cameron laid out the company’s plans for selling NFA items covered by the injunction. PSA is adapting to these changes through a series of phases. Phase 1 involves using the 4473 form to transfer silencers in-store to residents of South Carolina, where the company is based. This avoids some of the thornier questions about applicability.Dealers who acquire silencers from PSA are protected by the injunction and can transfer on a 4473 as well. But that protection is tied to that specific item being purchased from PSA. Simply having PSA items on the shelf while also having silencers to sell does not magically render all silencers in the store into NFA-exempt items.Phase 2 is online suppressor transactions. These are more complicated, and PSA wants to be sure that the system will work without creating any additional legal risk for purchasers. Phase 3 will extend 4473-only transfers to SBR and SBS items. However, Section 922(B)(4) makes it unclear because dealers need a Form 4 to transfer those items. PSA will work to clear up that ambiguity, and that is one place where ATF clarification would be very useful. Still image from PSA’s video explaining their current process Other DealersUptake by dealers and companies not named in the injunction has been much more restrained. Most are waiting for guidance from the ATF before taking the leap on 4473-only transfers. That may be a bit of a let-down for customers excited to have same-day silencer purchases, but caution is advisable when the risks of being wrong are so high. Please be patient with your local dealers who are trying to find their way through this maze of legal risk. It is not that simple, and mistakes could get their FFL revoked or see them going to federal prison.So, are your local dealers taking advantage of non-NFA transfers yet? Or are they taking a wait-and-see approach? Be sure to let us know in the comments so we can track the trends. SILENCER SHOP – HANSOHN BROTHERS – DEADEYE GUNS MAC TACTICAL ALL YHM PRODUCTS AT BROWNELLSDEALERS: If you want your link to buy YHM suppressors included in future Silencer Saturday posts, email: silencers@thefirearmblog.com