August 28, 2026
🚨 BREAKING NEWS: Montana AG Issues NFA Injunction Warning
Montana FFLs: Do not assume the federal suppressor injunction authorizes a no-Form-4 transfer under Montana law.
On August 27, Montana Attorney General Austin Knudsen issued official guidance addressing how the Silencer Shop Foundation v. ATF / Jensen v. ATF injunction interacts with Montana state law.
And for Montana dealers, the message is significant.
The federal injunction may prevent ATF from enforcing certain NFA registration requirements against protected plaintiffs, members, and customers—but Montana’s own criminal statutes remain in effect.
What the Montana AG says
According to the Montana Department of Justice:
- Possession of an unregistered silencer remains a felony under Montana law, carrying a potential penalty of five to 30 years imprisonment and up to a $20,000 fine.
- Montana law still requires a suppressor used for hunting to be registered with ATF.
- Montana’s exemption for certain short-barreled shotguns also depends upon possession of a valid federal tax stamp, creating another conflict between existing state law and the federal injunction.
- The federal injunction is currently operative for the protected parties because ATF did not obtain an immediate stay, but the judgment remains subject to appeal.
Montana lawmakers are already considering legislation for the 2027 legislative session to address these state-law conflicts.
What this means for Montana FFLs
Do not treat “covered by the federal injunction” as synonymous with “legal to transfer without a Form 4 in Montana.”
These are two separate compliance questions:
Federal question: Does this dealer, purchaser, suppressor, and transaction fall within the protection of the federal injunction?
State question: Does Montana law permit the purchaser to possess the suppressor if it leaves the dealership without federal registration?
Right now, the Montana Attorney General is telling prosecutors and law-enforcement agencies that Montana’s existing registration-dependent statutes remain enforceable.
FFLGuard Recommendation
For Montana transactions, FFLGuard recommends that dealers do not complete a no-Form-4 suppressor transfer based solely on the federal injunction while Montana’s current registration requirements remain in place.
Continue using the traditional Form 4 process where applicable, or contact the FFLGuard HelpDesk before the suppressor leaves your premises if you have an unusual transaction or believe another legal pathway may apply.
For clients in the other 49 states, Montana is an important reminder:
Federal injunction coverage does not override state law.
Every no-Form-4 transaction requires both a defensible federal injunction pathway and a separate determination that the transfer and possession are lawful under the law of the applicable state.
Read the Official Guidance
BOTTOM LINE:
Montana + federal injunction coverage ≠ automatic 4473-only suppressor transfer.
State law still matters.
And in Montana, it matters a lot.
FFLGuard is continuing to monitor the injunction, ATF implementation, appellate activity, and state-level guidance as this situation develops.
This alert is provided for informational purposes and does not constitute legal advice. Litigation status, federal guidance, and state law may change.
