| Please note the author is not a lawyer and this is not legal advice. |
In August 2026, the rules for small arms in the U.S. changed dramatically, creating a complex new reality for owners and dealers. It all started with the 2025 “One Big Beautiful Bill Act,”1 which slashed the federal tax on National Firearms Act (NFA) items to zero. Soon after, a federal judge in Texas issued a permanent injunction in the cases of Silencer Shop Foundation v. ATF2 and Jensen v. ATF3. The court reasoned that since the NFA is based on Congress’s power to tax, removing the tax essentially removed the constitutional reason to enforce registration for suppressors, short-barreled rifles (SBRs), and short-barreled shotguns (SBSs) for those involved in the lawsuit.
This ruling made buying a suppressor as easy as buying a standard rifle in twenty-seven states, but it also created a major legal trap for people in states like Michigan. Michigan law strictly bans suppressors and short-barreled firearms unless they are federally licensed or approved. Ironically, the federal injunction—which removes the requirement to register—could actually make possession illegal in Michigan because it bypasses the very federal paperwork that makes them legal under state law.
This report breaks down what Michigan residents need to know. We will look at how the 2026 injunction interacts with state law (MCL 750.224 and 750.224b), why “Voluntary Form 4” registration is a vital safety net, and the strict rules for bringing NFA items across state lines.
Understanding the 2026 Federal Changes
To stay safe, Michigan consumers first need to understand the Silencer Shop Foundation v. ATF injunction that started on August 13, 2026. The rules have become fragmented, leaving owners to manage a confusing mix of federal and state requirements.
Why the Ruling Happened
The 1934 National Firearms Act was built on the government’s power to tax. By charging a fee for certain items like suppressors and SBRs, the federal government had the legal right to maintain a strict registry and a long approval process.
When the 2025 law dropped that tax to $0, the financial reason for the NFA vanished. Plaintiffs argued that a federal registry can’t be justified under a tax law if no tax is being collected. The court agreed, stopping the ATF from enforcing NFA registration, fingerprinting, and wait times for those covered by the ruling.
Who Does the Injunction Cover?
It is important to note that this isn’t a total end to the NFA. The ruling only protects the named plaintiffs, members of their organizations, and their customers. Following the logic of cases like Mock v. Garland, the court decided that to truly protect a business, you also have to protect the people who buy from them.
This means consumers who buy suppressors from retailers or dealers associated with groups like the Silencer Shop Foundation or Gun Owners of America are shielded from federal NFA prosecution. However, while “Any Other Weapons” (AOWs) are also included, that relief only applies to specific plaintiffs.
The Gun Control Act (GCA) Still Applies
Even though the NFA process has been disrupted, the Gun Control Act of 1968 (GCA) is still fully in effect. This has two major impacts on how you buy firearms.
First, suppressors are still “firearms” under the GCA. Dealers must still run a NICS background check and have you fill out a Form 4473, just like buying a standard rifle.
Second, a specific part of the GCA (18 U.S.C. § 922(b)(4)) still blocks SBR and SBS transfers. Dealers cannot deliver these items unless specifically authorized by the Attorney General. Historically, the Form 4 served as this authorization. Since the court didn’t provide a new way to get this permission, SBRs and SBSs still require a Form 4, even in states where suppressors are now deregulated.

The Michigan Legal Problem (MCL 750.224)
While people in states like Indiana can now buy suppressors over the counter, Michigan residents face a much higher risk. Michigan law is tied directly to the federal registry—if you don’t have federal paperwork, you’re breaking state law.
Michigan’s Suppressor Ban
Under MCL 750.224(1)(b), it is a felony to sell or possess a silencer in Michigan. This definition is very broad and includes parts intended to build a silencer.
However, there is an exception. The ban doesn’t apply to people who are licensed or approved by the federal government to possess these items.
In 2011, the Michigan Attorney General clarified that possessing a suppressor is only legal if the owner has an approved ATF Form 4 or Form 1. In short, your federal tax stamp is your “license” in the eyes of Michigan.
| Michigan Statutory Offense | Code Section | Classification | Maximum Penalty | Core Legal Defense |
| Possession of Unregistered Silencer | MCL 750.224(1)(b) | Class E Felony | 5 years / $2,500 | Valid ATF Form 4 / Form 111 |
| Possession of Unregistered SBR/SBS | MCL 750.224b(1) | Class E Felony | 5 years / $2,500 | Valid ATF Form 4 / Form 111 |
| Failure to Carry Registration (SBR >26″) | MCL 750.224b(5) | State Civil Infraction | $100 Fine / Seizure | Present registration within 45 days19 |
| Felon in Possession of Firearm | MCL 750.224f | Felony | Variable by offense | Restoration of rights met20 |
The Danger of Deregulation
This situation creates a paradox. Because of the federal injunction, a Michigan resident could potentially buy a suppressor online without a Form 4.
But as soon as you bring that suppressor into Michigan without federal paperwork, you are committing a felony. The crime isn’t just owning the device; it’s owning it without federal registration. Since Michigan doesn’t have its own permit system, that federal paperwork is your only defense. A $0 federal tax doesn’t change state law; an unregistered suppressor is still a felony in Michigan. Currently, there is no evidence that a federal injunction would protect you from these state charges.
Why Voluntary Registration is Essential
Because the state penalties are so high, legal experts advise Michigan residents to continue using the ATF Form 4 process. While the ATF can’t force you to register if you are covered by the injunction, they can still process voluntary applications.
Choosing a “Voluntary Form 4” is the safest path. By paying the $0 tax and going through the standard approval process, you get the documentation Michigan requires for legal possession. The same applies to those building their own with a Form 1.
Faster Approvals with eForms
In the past, the biggest downside was the long wait—sometimes nearly a year for paper forms. However, the system has improved significantly.
The ATF now processes eForm 4s almost as soon as the FBI background check is cleared.
By mid-2026, many individual eForm 4s were approved in just 4 to 9 days, sometimes even hours. Legal entities like Trusts or LLCs take a bit longer—usually 18 to 33 days—because the ATF has to check every “Responsible Person” listed.

Despite the extra time, many people still use NFA Trusts. This allows multiple family members to legally have access to the items without risking “constructive possession” charges.
Rules for SBRs and SBSs
Short-barreled rifles and shotguns have even more layers of rules, mixing federal law with Michigan’s unique classification of handguns.
The Mandatory Form 4
Since the federal court didn’t change the GCA’s transfer rules, the Form 4 process is still mandatory for buying a factory-built SBR or SBS anywhere in the U.S.. If you’re building your own33, you must use an eForm 1 and engrave the receiver correctly.
Michigan Length Rules (MCL 750.224b)
Michigan law (MCL 750.224b) also exempts SBRs and SBSs that are “lawfully possessed under federal law”. However, your compliance depends on the gun’s length:
1. Longer than 26 inches: You must carry a copy of your federal registration whenever you transport or use the gun. If you can’t show it to an officer, you face a $100 fine and seizure, with a 45-day window to prove it’s legal.
1. Configurations Greater Than 26 Inches: Under MCL 750.224b(5), if the registered SBR or SBS has an overall length exceeding 26 inches, the possessor is legally mandated to carry a copy of the federal registration (the approved Form 4 or Form 1) at all times while transporting or using the firearm19. Failure to present this documentation to a peace officer upon request constitutes a state civil infraction subject to a $100 fine and immediate seizure of the weapon19. The owner is then granted a 45-day cure period to produce the federal paperwork to the seizing agency; failure to do so results in permanent civil forfeiture under MCL 600.470119.
2. 26 inches or shorter: Michigan law classifies any firearm 26 inches or shorter as a “pistol,” regardless of its federal classification.
For these short firearms, you must follow Michigan’s pistol sales record rules. This involves a Sales Record (RI-060) or License to Purchase, which the seller must submit to local law enforcement within 10 days.
The Out-of-State CPL Loophole
If you hold a concealed pistol license from another state (like Arizona or New Hampshire), you are exempt from Michigan’s pistol registration requirement. This allows you to own a short NFA item without it being listed in the state’s pistol database.

Buying Across State Lines
It might be tempting to drive to a “Free State” like Ohio to buy a suppressor over the counter, but this is illegal and will likely lead to prosecution.
Under federal law (GCA), dealers cannot sell firearms to people from another state unless it’s a standard rifle or shotgun—and even then, it must obey the laws of both states. A suppressor is a “firearm” but not a “rifle”. This means an out-of-state dealer must ship the suppressor to a Michigan dealer. Once the suppressor is in Michigan, the local dealer cannot release it to you without the voluntary Form 4 paperwork.
The 18 U.S.C. § 922(b)(3) Blockade
Under the GCA (18 U.S.C. § 922(b)(3)), it is federally unlawful for an FFL to sell or deliver any firearm to a person who does not reside in the state where the licensee’s business is located41. The statute provides a narrow exception allowing the interstate sale of rifles and shotguns to non-residents, provided the transaction complies with the laws of both the buyer’s and seller’s respective states41.
However, under federal definitions, a standalone suppressor is classified broadly as a “firearm,” but it is explicitly not a rifle or a shotgun16. Therefore, the rifle/shotgun exception does not apply. An Indiana FFL is federally prohibited from transferring a suppressor directly to a Michigan resident over the counter41.
Furthermore, 18 U.S.C. § 922(a)(3) prohibits a non-licensee from transporting into or receiving in their state of residence any firearm obtained outside that state43. Consequently, an out-of-state FFL must ship the purchased suppressor directly to a licensed FFL within the state of Michigan46. Once the suppressor arrives at the Michigan FFL, Michigan jurisdiction governs the transaction. Because Michigan requires federal licensure for possession, the local FFL cannot legally release the suppressor without processing the voluntary ATF Form 4 to secure the state-level legal exemption4. Thus, the overlapping restrictions of the GCA and state penal code entirely seal the “Free State” loophole.
Interstate Travel Rules
For Michigan consumers who already lawfully possess NFA items, the logistics of interstate travel depend entirely on the classification of the item being transported. The ATF mandates specific notification protocols for certain firearms that cross state lines.
| NFA Firearm Classification | ATF Form 5320.20 Required for Travel? | Legal Ramification of Failure to File |
| Short-Barreled Rifles (SBR) | Yes (Prior Approval Required) | Federal Felony (Up to 10 years / $250k)48 |
| Short-Barreled Shotguns (SBS) | Yes (Prior Approval Required) | Federal Felony (Up to 10 years / $250k)4 |
| Machine Guns | Yes (Prior Approval Required) | Federal Felony (Up to 10 years / $250k)49 |
| Suppressors (Silencers) | No (Voluntary/Optional) | None (Must obey destination state laws)50 |
| Any Other Weapons (AOW) | No (Voluntary/Optional) | None (Must obey destination state laws)48 |
If you already own NFA items and want to travel out of state, the rules depend on the item. For SBRs or SBSs, you must file a 5320.20 form and get approval before you leave Michigan. Failure to do so is a federal felony.
Suppressors are different. You can take them across state lines without notifying the ATF, as long as they are legal in your destination and any states you travel through. If you are moving permanently, it’s a sensible idea to file the form anyway to update your address in the registry.
Hunting with Suppressors in Michigan
In the tactical and recreational context, Michigan is a highly permissive environment for the operational deployment of NFA items, specifically regarding hunting and wildlife management.
Michigan is quite suppressor-friendly when it comes to hunting. In 2016, the state authorized their use for all lawful hunting18. You can use them for everything from deer to coyotes on both public and private land. Just remember to carry your approved Form 4 with you as proof of legal ownership.
Hunters still need to follow general DNR firearm rules. In the past, Southern Michigan had a “Limited Firearms Zone” that only allowed certain types of guns, like those using straight-walled cartridges54.
That changed in early 2026 when the NRC eliminated that zone55. Now, starting with the 2026 season, you can use any legal firearm throughout the Lower Peninsula57. This gives hunters a lot more flexibility in picking a suppressed platform for their next trip57.
What the Future Holds
The current balance in Michigan is fragile. There are a few things that could disrupt the market in the near future.
Risk: ATF Stops Processing Forms
If the ATF decides it no longer has the authority to process voluntary applications for items that aren’t being taxed, buying a new suppressor in Michigan would become impossible overnight. The state would need to change its laws or a court would have to intervene to resolve the issue.
If the federal mechanism for registration is disabled, it will become legally impossible to acquire a new suppressor in Michigan22. Under this scenario, the market would freeze entirely. Relief would only materialize if the Michigan legislature amended MCL 750.224 to decouple state legality from the federal registry, or if state appellate courts issued an emergency declaratory judgment interpreting the federal injunction as satisfying the state’s “licensed or approved” requirement56.
Opportunity: Supreme Court Intervention
In 2026, the Fifth Circuit ruled in United States v. Comeaux that suppressors are protected “Arms” under the Second Amendment. While they upheld the NFA as a constitutional system for now, it marked a major shift in how silencers are viewed legally.
This case could go to the Supreme Court. If the Court decides that suppressors cannot be subjected to a federal registry at all, Michigan’s registration laws would effectively be dismantled.
This ruling creates a direct circuit split, as other appellate courts have previously ruled that suppressors are mere “accessories” devoid of Second Amendment protections entirely57. If the United States Supreme Court grants certiorari to resolve the split and determines that suppressors are protected arms that cannot be subjected to the NFA’s invasive registry under any circumstances, the Michigan hook-law would be forced into immediate obsolescence, as the federal registry it relies upon would be dismantled completely57.
The Bottom Line for Michigan Owners
For now, Michigan residents must stay disciplined. While the news says NFA items are deregulated, that only applies if your state laws allow it. In Michigan, avoiding a felony still depends on following the federal eForms system to the letter.
Always use voluntary Form 4s for suppressors, follow GCA rules for SBRs, and pay close attention to length requirements. Even though wait times are now very short, that federal stamp is still your only ticket to legal ownership in Michigan.
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Sources Used
- ATF Ruling 2025-1: A Game Changer for US Firearms Imports, https://blog.roninsgrips.com/atf-ruling-2025-1-a-game-changer-for-us-firearms-imports/
- Palmetto State Armory’s 2026 Market Dominance Year-To-Date, https://blog.roninsgrips.com/palmetto-state-armorys-2026-market-dominance-year-to-date/
- We Give A Shhh – Silencer Shop Foundation, https://ssf.org/pages/we-give-a-shhh
- NFA Court Ruling Reshapes Compliance Following … – Wiley Rein, https://www.wiley.law/alert-NFA-Court-Ruling-Reshapes-Compliance-Following-Wileys-Successful-Constitutional-Challenge
- https://www.nraila.org/articles/20260817/questions-and-answers-about-the-texas-nfa-case
- NSSF Guidance on NFA Transfers, https://www.nssf.org/articles/nssf-guidance-on-nfa-transfers/
- NFA Ruling FAQ: How Suppressor Purchases Work Now, https://help.silencershop.com/en/articles/16387894-nfa-ruling-faq-how-suppressor-purchases-work-now
- How NFA Deregulation affects your state – Silencer Central, https://www.silencercentral.com/blog/how-nfa-deregulation-affects-your-state-law/
- Michigan Suppressor Laws 2026: Ownership, Use & Hunting, https://www.rifleconfigurator.com/tools/state-legality/suppressors/michigan
- MCL – Section 750.224 – Michigan Legislature, https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-224
- Michigan NFA Items: Suppressors, Machine Guns, SBRs, and SBSs, https://www.ccwhub.com/states/michigan/nfa-items
- The NFA Registration Is Gone: Silencer Shop Foundation v. ATF, https://www.silencershop.com/blog/the-nfa-registration-is-gone-silencer-shop-foundation-v-atf
- NFA Ruling Update and What It Means for Suppressor Ownership, https://www.silencercentral.com/blog/what-the-court-suppressor-ruling-means/
- The Mock v. Garland Case and the ATF’s Pistol Brace Rule: A Legal, https://www.volpelawllc.com/the-mock-v-garland-case-and-the-atfs-pistol-brace-rule-a-legal-showdown/
- MOCK v. GARLAND (2023) – FindLaw Caselaw, https://caselaw.findlaw.com/court/us-5th-circuit/114792538.html
- Where Are Silencers Illegal? State Suppressor Laws in 2026, https://www.legalreader.com/where-are-silencers-illegal-state-suppressor-laws-in-2026/
- What the Silencer Shop Foundation v. ATF Win Means for You, https://ssf.org/blogs/news/what-silencer-shop-foundation-v-atf-win-means-for-you
- Are Suppressors Legal in Michigan? 2026 Silencer Laws – SilencerCo, https://silencerco.com/blog/michigan-suppressor-laws
- MCL – Section 750.224b – Michigan Legislature, https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-224b
- 750.224f. Persons convicted of felonies or specified felonies, https://www.womenslaw.org/laws/mi/statutes/750224f-persons-convicted-felonies-or-specified-felonies-possession-use
- Legal Update No. 159 (02/2025) – State of Michigan, https://www.michigan.gov/msp/le/legal-resources/legal-update/legal-updates-pages/159
- Would any MI Attorney like to weigh in on the new changes? : r/Miguns, https://www.reddit.com/r/Miguns/comments/1vn8ulc/would_any_mi_attorney_like_to_weigh_in_on_the_new/
- Short-Barreled Rifles (SBRs) — Laws, Build Process, and 2026, https://www.silencershop.com/blog/short-barrel-rifle
- Short-Barreled Rifles (SBR): Laws, Requirements & Ownership, https://www.redcircletactical.com/short-barreled-rifles
- Suppressor Tracker 2026: Approval Times & Price Index, https://www.rifleconfigurator.com/research/suppressor-tracker
- NFA Wait Times: Complete Guide 2026 – Silencer Central, https://www.silencercentral.com/blog/nfa-wait-times/
- ATF NFA Wait Times Plunge as Applications Surge to Record Levels, https://www.nssf.org/articles/atf-nfa-wait-times-plunge-as-applications-surge-to-record-levels/
- Current NFA Approval Times – Two weeks or Less – Capitol Armory, https://www.capitolarmory.com/atf-form4-approvals-dates
- Current Processing Times – ATF, https://www.atf.gov/resource-center/current-processing-times
- Form 5320.23 | Responsible Person Questionnaire – FastBound, https://www.fastbound.com/ffl-blog/form-5320-23/
- Are Suppressors Legal in Michigan in 2026? Full Legal Guide, https://uncoiledfirearms.com/blog/are-silencers-legal-in-michigan/
- Are Suppressors Legal in Michigan? | Buy in MI – Silencer Shop, https://www.silencershop.com/suppressor-laws-michigan
- Building a Pork Sword – Part 1: Thinking About The Build, https://blog.roninsgrips.com/building-a-pork-sword-part-1-thinking-about-the-build/
- https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-222#:~:text=(k)%20%22Short%2Dbarreled,of%20less%20than%2026%20inches.
- MCL – Section 750.222 – Michigan Legislature, https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-222
- MSP RI-060 Pistol Sales Record form – PowerDMS, https://public.powerdms.com/MSP1917/documents/1742579
- MCL – Section 28.422a – Michigan Legislature, https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-28-422a
- Home-Built pistols can NOT be registered in Michigan, regardless of, https://www.reddit.com/r/Miguns/comments/krt041/homebuilt_pistols_can_not_be_registered_in/
- It’s Time to Opt-Out of Handgun Registration. Here’s How. | Michigan, http://miopencarry.org/news/2015/06/Opt-Out-Of-Handgun-Registration
- Michigan and out of state CPL : r/CCW – Reddit, https://www.reddit.com/r/CCW/comments/9rf3sy/michigan_and_out_of_state_cpl/
- Federal Sale of Firearms Across State Lines (18 U.S.C. § 922(b)(3)), https://leppardlaw.com/federal/weapons/federal-sale-of-firearms-across-state-lines-18-u-s-c-%C2%A7-922b3/
- STATE OF RESIDENCE REQUIREMENTS FOR FIREARMS, https://www.justice.gov/file/145311-0/dl?inline=
- 18 USC 922: Unlawful acts – OLRC Home, https://uscode.house.gov/view.xhtml?req=(title:18%20section:922%20edition:prelim)
- ATF Guidance – Returning Firearms to Nonresidents, https://www.ncsbi.gov/DCIN/Omnixx-Links/NICS-Info/ATF-Guidance-Document_returning-firearms-to-nonres.aspx
- 18 U.S. Code § 922 – Unlawful acts – Law.Cornell.Edu, https://www.law.cornell.edu/uscode/text/18/922
- Federal Private Firearm Transfer Laws – USCCA, https://www.usconcealedcarry.com/resources/federal-ccw-law/federal-private-firearm-transfer-laws/
- Firearms Questions and Answers – ATF, https://www.atf.gov/firearms/questions-and-answers?page=13
- ATF Form 5320.20: SBR Travel Explained | TrustNFA Blog, https://www.trustnfa.com/blog/atf-form-5320-20-sbr-travel-explained
- ATF 5320.20 – How To Transport NFA Firearms [2026] – RocketFFL, https://rocketffl.com/atf-5320-20-how-to-transport-nfa-firearms-2021/
- TSA Firearm Rules 2026: How to Fly with Guns and Suppressors, https://silencerco.com/blog/tsa-firearm-rules-flying-with-guns-suppressors
- How to Legally Move with a Suppressor: Complete Relocation Guide, https://www.silencershop.com/blog/moving-with-a-suppressor
- WHAT YOU NEED TO KNOW: MOVING WITH A SUPPRESSOR, https://www.silencercentral.com/blog/silencer-purchase-moving-impact/
- Suppressor Hunting Laws in Michigan| What You Need to Know, https://www.silencershop.com/hunting-with-a-suppressor-in-michigan
- What Rifles Can You Hunt With in Lower Michigan – Battlbox.com, https://www.battlbox.com/blogs/hunting/what-rifles-can-you-hunt-with-in-lower-michigan
- Signed 06WCO2026 info – State of Michigan, https://www.michigan.gov/dnr/-/media/Project/Websites/dnr/Documents/Boards/NRC/2026/April-2026/Signed_06WCO2026_Info.pdf
- SilencerShop Ruling- What does that mean for Michigan gun owners?, https://www.reddit.com/r/Miguns/comments/1vmp93u/silencershop_ruling_what_does_that_mean_for/
- Fifth Circuit: Suppressors Are Arms — Illinois Implications, https://www.lawweapons.org/blog/fifth-circuit-suppressors-are-arms-illinois-implications
- Fifth Circuit Suppressor Rulings: What They Mean for Texas, https://www.texaspolicyresearch.com/fifth-circuit-suppressor-rulings-what-they-mean-for-texas/
- Silencers Are Second Amendment “Arms,” but NFA § 5861(d, https://www.casemine.com/commentary/us/silencers-are-second-amendment-arms-but-nfa-section-5861-d-challenges-fail-absent-proof-a-shall-issue-regime-is-put-toward-abusive-ends/view
- Fifth circuit Court has rules that suppressors are “arms … – Reddit, https://www.reddit.com/r/NFA/comments/1u9n8nm/fifth_circuit_court_has_rules_that_suppressors/
- Fifth Circuit Panel Rules Silencers are Protected Arms, Can Still be, https://thereload.com/fifth-circuit-panel-rules-silencers-are-protected-arms-can-still-be-regulated/








