NFA Lawsuits in 2026: Every Case, Its Status and the Next Court Date

By Cole Harlan, Editor · The Release Desk · Updated Oct 21, 2026 · How we verify · Editorial standards

The 2026 NFA revolution was won in court as much as in Congress. One Texas ruling, and the government's decision not to appeal it, is why suppressors and SBRs now sell on a Form 4473. Several more cases are still live, and they decide whether that freedom stays on a firmer footing than an agency's enforcement policy. Here's every case worth watching, read from the dockets themselves.

Not legal advice. This tracker summarizes public court records and federal guidance as of October 21, 2026. Court dates move, often on short notice. Check the linked dockets for the latest, and talk to an attorney about your own situation.

Next dates to watch

October 28, 2026: Seventh Circuit oral argument on Illinois's suppressor ban (Anderson v. Raoul), per the court's calendar.
December 3, 2026, 11:00 a.m.: status conference in Brown v. ATF (E.D. Mo.), by Zoom, moved from October 22.
December 11, 2026, 10:00 a.m.: summary-judgment hearing in Roberts v. ATF (E.D. Ky.), in Lexington, moved from October 20.
Pending, no date: the plaintiff states' motion to clarify the injunction in Silencer Shop Foundation v. ATF.

The case tracker

Case	Court and number	What it challenges	Status (Oct. 21, 2026)
Silencer Shop Foundation v. ATF (with Jensen v. ATF)	N.D. Tex., No. 6:25-cv-00056-H	NFA making, transfer and registration rules for $0-tax items	Won Aug. 5, 2026; no appeal; motion to clarify pending
Brown v. ATF	E.D. Mo., No. 4:25-cv-01162	Second Amendment challenge to the NFA, per Firearms Policy Coalition; states joined	Cross-motions for summary judgment pending; status conference Dec. 3
Roberts v. ATF	E.D. Ky., No. 2:26-cv-00091	Second Amendment challenge to the NFA	Cross-motions pending; hearing Dec. 11
United States v. Peterson	5th Cir., No. 24-30043; S. Ct. No. 25-1076	Conviction for an unregistered suppressor (2nd Amendment defense)	Conviction upheld; Supreme Court denied review Apr. 20, 2026
United States v. Comeaux	5th Cir., No. 24-30307	Same question as Peterson	June 18, 2026: suppressors are "Arms," but conviction affirmed
Anderson v. Raoul	7th Cir., Nos. 25-2642 and 25-2663	Illinois's state suppressor ban	Oral argument Oct. 28, 2026
Mock v. Garland (pistol braces)	N.D. Tex., No. 4:23-cv-00095-O	ATF's 2023 brace rule	Rule vacated June 13, 2024; appeal dismissed July 2025

Silencer Shop Foundation v. ATF: the case that changed everything

Filed July 4, 2025, the day the $0 tax was signed, in San Angelo, Texas, before Judge James Wesley Hendrix. The court held that once Congress zeroed the tax, the NFA's making, transfer and registration rules for suppressors, SBRs, SBSs and AOWs could no longer rest on the taxing power, and entered a permanent injunction for the plaintiffs on August 5, 2026. The government let the appeal deadline pass, and on October 9, 2026 ATF extended the result to everyone as a matter of enforcement discretion.

Still open: on September 11, 2026, the plaintiff states moved to clarify the injunction's reach (Doc. 144). DOJ responded on October 12 (Doc. 147). The docket showed no ruling as of October 21. Full story: Silencer Shop Foundation v. ATF, explained.

Brown v. ATF: the Missouri case

Filed August 1, 2025 in St. Louis by Chris Brown, Allen Mayville, Prime Protection STL, the National Rifle Association, Firearms Policy Coalition, Second Amendment Foundation and the American Suppressor Association, according to the docket. Several states have since joined or appeared. In mid-October the docket shows appearances for Kansas and Ohio as plaintiffs, New Hampshire as an interested party, and Iowa and Utah as amici.

October 6: Chief Judge Stephen R. Clark noted the Texas appeal deadline had passed without an appeal and set a status conference to discuss the Texas judgment's effect, the standing of five plaintiff states and Missouri's amended complaint.
October 7: the government filed its response (Doc. 114), arguing, as reported by AmmoLand and Popular Suppressors, that any relief should be limited and that five states that already won in Texas should be dismissed.
October 13 to 15: DOJ asked, unopposed, to postpone the conference; the court granted it and reset it for December 3, 2026, at 11:00 a.m. by Zoom (Doc. 121).

Why it matters: the Texas court decided its case on Congress's taxing and commerce powers and dismissed the Second Amendment claims as abandoned. Brown puts the Second Amendment question in front of a court. Missouri readers, see our Missouri suppressor guide.

Roberts v. ATF: the Kentucky case

Filed February 26, 2026 in the Eastern District of Kentucky by T.J. Roberts, Zachary Cockrell, Meridian Ordnance, Buckeye Firearms Association, Center for Human Liberty, Jews for the Preservation of Firearms Ownership and the American Suppressor Association Foundation. Firearms Policy Coalition describes it as a Second Amendment challenge to the NFA. Both sides moved for summary judgment, and the court set oral argument for October 20, 2026. On October 13, DOJ moved, unopposed, to continue; Judge S. Chad Meredith granted it, and the hearing is now December 11, 2026, at 10:00 a.m. in Lexington (Doc. 58).

Peterson and Comeaux: what the Fifth Circuit said about suppressors

These two criminal appeals tell you why the civil cases still matter. In United States v. Peterson, 161 F.4th 331 (5th Cir. 2025), the court upheld a conviction for possessing an unregistered suppressor. The Supreme Court denied review on April 20, 2026, according to its docket. Then on June 18, 2026, in United States v. Comeaux, a Fifth Circuit panel wrote that "silencers are Second Amendment 'Arms,'" but affirmed the conviction anyway because the defendant had not alleged that the NFA's "shall-issue regime has been put toward abusive ends." In short, the court accepted that suppressors are protected arms but upheld the registration system as applied. That's the line the Brown and Roberts plaintiffs are trying to move.

Anderson v. Raoul: a state ban on appeal

Federal non-enforcement doesn't help Illinois residents, because Illinois bans suppressors under state law. The challengers' consolidated appeals are on the Seventh Circuit's oral argument calendar for October 28, 2026. Details, hunting rules and what the ban covers: Illinois suppressor laws 2026.

And in Congress

The Hearing Protection Act, which would take suppressors out of the NFA by statute, was introduced in the House as H.R. 404 on January 15, 2025 and referred to the Ways and Means and Judiciary Committees, according to Congress.gov. That was its latest action when we checked. A statute would be sturdier than any enforcement policy: ATF's own FAQ warns that enforcement could resume if the injunction were overturned or the guidance rescinded.

Why these cases still matter after October 9

Today's freedom to buy a suppressor on a Form 4473 rests on two things: one district court's judgment, which protects only the parties, and DOJ's decision to apply it to everyone. ATF itself lists what could end it: "Congress could impose a new tax on NFA firearms, the district court's injunction could be dissolved or overturned, or the Department could rescind the enforcement guidelines." A Second Amendment win in Brown or Roberts, or a clean statute from Congress, would put Americans' rights on firmer ground. We'll update this tracker after each hearing. For the full sequence of 2026 changes, see the NFA updates timeline.

Frequently asked questions

What is the latest on Brown v. ATF?

As of Oct. 21, 2026, cross-motions for summary judgment are pending in the Eastern District of Missouri, and the court moved its status conference from Oct. 22 to Dec. 3, 2026 at 11:00 a.m. by Zoom (Doc. 121), at DOJ's unopposed request.

When is the Roberts v. ATF hearing?

Dec. 11, 2026 at 10:00 a.m. in Lexington, Kentucky. The court continued the Oct. 20 summary-judgment hearing on DOJ's unopposed motion (Doc. 58).

Did the government appeal Silencer Shop Foundation v. ATF?

No. The Aug. 5, 2026 judgment was not appealed, and on Oct. 9, 2026 ATF applied it nationwide as a matter of enforcement discretion. A motion by the plaintiff states to clarify the injunction was still pending as of Oct. 21.

Are suppressors protected by the Second Amendment?

The Fifth Circuit said in United States v. Comeaux (June 18, 2026) that "silencers are Second Amendment 'Arms,'" but it upheld the NFA registration conviction under its earlier Peterson decision. The Supreme Court denied review in Peterson on Apr. 20, 2026.

Has Congress passed the Hearing Protection Act?

No. H.R. 404 was introduced Jan. 15, 2025 and referred to committee, which was its latest action on Congress.gov when we checked in October 2026.

Sources

Supplementary sources

News reports, advocacy groups, dealer practice and unofficial copies. They add context or report statements; the primary sources above control.