Plaintiffs Push DOJ for Clarity on the Silencer Shop Foundation v. ATF Injunction
Plaintiffs Push DOJ for Clarity on the Silencer Shop Foundation v. ATF Injunction
Yesterday (August 13, 2026), counsel for the plaintiffs in the consolidated Silencer Shop Foundation v. ATF / Jensen v. ATF cases sent a formal letter via electronic mail to the U.S. Department of Justice (Jody D. Lowenstein, Civil Division, Federal Programs Branch). The letter seeks clarification on how the government intends to comply with the Final Judgment that took effect after the seven-day stay expired.
The Final Judgment permanently enjoins ATF and DOJ from enforcing the core NFA registration, application, approval, making, and transfer requirements (the listed sections of 26 U.S.C. and the related 27 C.F.R. regs) as to untaxed firearms against the plaintiffs and, where applicable, their members and customers—both current and future. The court imposed no geographic limitation.
What this means for the Silencer Shop Foundation side of the case (including GOA and related plaintiffs):
The relief reaches the Silencer Shop Foundation plaintiffs, their commercial partners, the associational plaintiffs (including Gun Owners of America / GOA and Gun Owners Foundation), and their members and customers. Coverage includes suppressors, short-barreled rifles, short-barreled shotguns, and AOWs for this group of plaintiffs and those associated with them.
For New Jersey residents:
If you are a current or future member of one of the covered organizations (GOA, FPC Action Foundation, Citizens Committee for the Right to Keep and Bear Arms, etc.) or a customer of a covered commercial plaintiff in a qualifying transaction, the federal injunction reaches you. There is no state-residency carve-out. The federal government is barred from enforcing those specific NFA provisions against covered members and customers nationwide.
AOWs and New Jersey law specifically:
Unlike suppressors (banned under N.J.S.A. 2C:39-3(c)) and sawed-off / short-barreled shotguns (banned under 2C:39-3(b)), New Jersey law is silent on the federal “Any Other Weapon” (AOW) category. There is no categorical state ban on AOWs. As a result, AOWs fall squarely within the purview of the permanent injunction for Silencer Shop Foundation plaintiffs and their members/customers. For covered NJ residents who are members of the relevant organizations (or customers in qualifying transactions), the federal registration and approval requirements for AOWs are enjoined.
Important caveats (read these):
•This is not a universal injunction. Protection is tied to membership in the plaintiff organizations or customer status with the commercial plaintiffs for covered transactions.
AOWs are covered for the Silencer Shop Foundation plaintiffs and their members/customers. They are not covered for the Jensen plaintiffs (who lacked standing on AOWs).
•Individual configurations can still be restricted under other New Jersey rules (for example, if the item is treated as a handgun requiring a permit). Always evaluate the specific item under state law.
•Suppressors, SBRs, and SBSs remain independently prohibited under New Jersey statutes regardless of the federal injunction.
The letter is essentially the plaintiffs pressing DOJ for clear guidance on how ATF will actually administer the injunction going forward (guidance to industry, treatment of non-covered persons, what happens if the order is later stayed or modified, etc.). They requested a response by August 21.
**I am not a lawyer, and this is not legal advice. This is simply an interpretation of the Final Judgment and related documents based on the publicly available facts of the case. Consult a qualified attorney familiar with both the federal order and New Jersey law before taking any action.**
Sources: Final Judgment (ECF 137), the August 13, 2026 Cooper & Kirk letter to DOJ, and N.J.S.A. 2C:39-3.