The injunction in Silencer Shop Foundation v. ATF is now in effect. The federal government did not seek an emergency stay or file an appeal before the district court’s seven-day pause expired on August 13, 2026.
That changes the immediate federal posture described in our first article about the ruling. It does not eliminate every remaining uncertainty—and for Colorado buyers, the state’s separate dangerous-weapons statute remains the most important reason not to assume that a nationally advertised “no Form 4” process is safe here.
What changed on August 13
Judge James Wesley Hendrix entered the injunction and stayed it for seven days so the federal government could seek appellate relief before it took effect. That period expired without an emergency stay or a notice of appeal appearing on the district-court docket, so the injunction became operative.
The Associated Press reported on August 13 that no immediate appeal had been filed and that covered purchasers had begun acquiring suppressors through Silencer Shop in Texas without NFA registration.
That does not justify saying an appeal can never happen. The missed emergency window allowed the injunction to take effect, but the ordinary time for filing an appeal is a separate procedural question. Unless DOJ formally waives an appeal or the normal deadline expires, the careful description is: the injunction is in effect, and the government did not seek immediate appellate relief.
The injunction still does not protect everyone
The judgment is party-specific rather than a nationwide vacatur of the NFA provisions. It protects the named plaintiffs and, where the judgment says so, their political subdivisions, organizational members, and customers.
The customer protection also has limits. As the court explained, a customer of a commercial plaintiff—or of a protected organization’s commercial member—is covered for a transaction with that protected business. Customer status is not a universal exemption for every untaxed NFA firearm or every transaction elsewhere.
Anyone considering reliance on the injunction should read the actual judgment and determine whether both the person and the particular transaction fall within its scope. A membership purchase or retailer relationship should not be treated as a magic phrase that answers every coverage question.
Colorado’s separate problem has not gone away
Colorado classifies firearm silencers, short rifles, and short shotguns as dangerous weapons under C.R.S. 18-12-102. Knowingly possessing one is generally a class 5 felony, subject to an affirmative defense for a person with a “valid permit and license” for the weapon.
Historically, approved federal NFA paperwork has served as the practical documentation behind that defense. Colorado does not offer ordinary buyers a separate state silencer or short-rifle license that cleanly replaces a Form 1 or Form 4 approval.
The federal injunction did not interpret Colorado law. It did not decide whether a covered buyer without federal approval possesses a “valid permit and license,” and we have not found new guidance from the Colorado Attorney General, CBI, or another state agency answering that question.
So the central Colorado issue from our first article remains unresolved: a transaction may fall within the federal injunction while still creating uncertainty under Colorado’s independent possession statute.
What Colorado-facing dealer information currently shows
We have not found a reliable statewide survey of how Colorado NFA dealers are handling the injunction. Claims that Colorado dealers are uniformly continuing—or abandoning—the Form 4 process would be premature.
What can be verified is that current public-facing Colorado purchase instructions still describe the traditional approval route. Silencer Shop’s Colorado suppressor guide tells buyers to submit a Form 4 and wait for approval. Colorado dealers including Skyline Firearms Distribution and Centennial Gun Club also continue to publish Form 4 or eForms instructions.
Those pages do not prove that every dealer reviewed the August injunction and adopted a final policy. Some may simply not have updated their websites. But they do show why a Colorado buyer should contact the transferring dealer before assuming a same-day, no-registration transaction is available.
What this means for a Colorado buyer today
Do not assume national advertising about the injunction describes the process your Colorado dealer will use. Before paying or arranging a transfer, ask:
- Whether the dealer is processing transactions under the injunction at all;
- What relationship the dealer believes brings the transaction within the judgment;
- Whether the dealer will still submit a Form 4 because of Colorado law; and
- What documentation the buyer will receive to address Colorado’s “valid permit and license” affirmative defense.
A dealer’s willingness to complete a transaction is not a legal opinion about the buyer’s later possession. Conversely, a dealer choosing the traditional Form 4 route is making a risk-management decision, not resolving the unanswered state-law issue for every other transaction.
Bottom line
The injunction is active because the federal government did not obtain emergency relief during the court’s seven-day stay. It remains limited to the parties and relationships described in the judgment, and the possibility of a later appeal should not be confused with whether the injunction is currently operative.
For Colorado residents, the practical caution from our original analysis still stands. C.R.S. 18-12-102 remains in force, no Colorado authority has explained what replaces federal approval for purposes of its affirmative defense, and publicly available Colorado purchase instructions still point buyers toward Form 4 processing.
Until there is authoritative state guidance or a court answers the Colorado question, this is not a good area for assumptions based on national headlines. Confirm the dealer’s procedure and consult a qualified Colorado firearms attorney before relying on the injunction for possession without traditional federal approval.
As always, we are not lawyers—just Colorado citizens trying to understand the rules, statutes, and court decisions and share what we learn. The information on this website is for general informational purposes only and does not constitute legal advice, nor does it create an attorney/client relationship. The accuracy, completeness, or currency of the content is not warranted. Your use of content on this website is at your own risk. Consult an attorney about your specific circumstances.

