A unanimous federal court decision has just shaken the foundation of U.S. firearms law. In an unprecedented move, the Department of Justice reversed its own position and formally admitted that National Firearms Act suppressor regulations violate the Second Amendment under the Supreme Court’s Bruen standard.
This ruling impacts 2.6 million suppressor owners and sets off a chain reaction that could dismantle major portions of the NFA going forward.
What happened and why it matters:
What the DOJ admitted
The DOJ filed a 47-page confession of error acknowledging that suppressors are in common use and that the $200 tax stamp operates as a financial barrier to a constitutional right. The government withdrew opposition to suppressor challenges in multiple federal circuits and abandoned decades of prior legal arguments.
The Patterson case that forced the reversal
An Arizona firearms instructor challenged the suppressor approval process after fully complying with ATF rules and waiting nearly a year for approval. The district court ruled suppressors are constitutionally protected. The DOJ appealed and then reversed course before oral arguments.
Why the Ninth Circuit decision shocked everyone
The Ninth Circuit has consistently ruled against Second Amendment challenges since the Bruen decision. Despite expectations of a loss, the panel issued a unanimous ruling that now binds nine western states.
The Bruen standard the government could not satisfy
The Supreme Court eliminated interest balancing and required courts to rely on text, history, and tradition. Suppressors did not exist during the Founding era, and the DOJ could not identify any historical analogs to justify registration, taxation, or long waiting periods.
The three pillars that dismantled NFA suppressor rules
The court ruled suppressors are in common use.
The $200 tax was deemed an unconstitutional prior restraint equivalent to thousands of dollars in 1934 terms.
Extended approval delays were ruled a de facto ban on exercising a constitutional right.
What changes immediately
The ATF must stop collecting tax stamps for suppressors. Suppressors are treated like standard firearms purchases using only the NICS background check. Pending applications are auto-approved, refunds are ordered for recent tax payments, and the suppressor registry becomes obsolete.
The domino effect on other NFA items
The court’s reasoning directly undermines short-barreled rifle restrictions. Multiple lawsuits were filed within hours of the ruling, with legal experts predicting high success rates.
State law complications
Eight states still maintain independent suppressor bans under state law. While federal restrictions are invalidated, state bans remain enforceable until challenged. Several state-level cases are already underway.
The machine gun question
The ruling weakens the legal foundation of the Hughes Amendment, which froze civilian machine gun ownership in 1986. Legal challenges are already being prepared, and the court rejected the argument that government-created scarcity makes arms “unusual.”
This is one of the most significant Second Amendment developments in decades, and most gun owners are unaware it has already happened.