Build Your Own Suppressor? ATF Wants Photos of the Parts

Update, October 9, 2026: Attorney General Todd Blanche announced the Justice Department will apply this ruling to everyone as a matter of enforcement discretion, and ATF no longer requires a Form 1 before an unlicensed individual makes a suppressor, SBR, SBS, or AOW. It also stopped enforcing NFA registration, the NFA marking requirement, and the prohibitions on making and possessing those items unregistered, except 26 U.S.C. 5861(h) for obliterated serial numbers and 5861(k) for illegal imports. Form 1 is now voluntary. The statute is unchanged, and ATF says enforcement could resume if Congress imposes a new tax, the injunction is overturned, or the department rescinds its guidelines. The coverage analysis below describes the court judgment itself, which is still party-specific.

A federal court enjoined the Form 1 making-approval requirement on August 5, 2026, and did not enjoin the felony that attaches to possessing an unserialized firearm, and the two pieces of relief run to different groups of people. In Silencer Shop Foundation v. ATF, No. 6:25-CV-056, consolidated with Jensen v. ATF, Judge James Wesley Hendrix of the Northern District of Texas held the NFA's registration, transfer-approval, and making-approval provisions unconstitutional as applied to the four categories the One Big Beautiful Bill Act untaxed: suppressors, short-barreled rifles, short-barreled shotguns, and AOWs. With the tax at $0, the court found the registration machinery collects no revenue and cannot rest on the taxing power Congress actually invoked.

The broad relief covers six provisions. Enjoined for every covered party are 26 U.S.C. 5812(a) and (b), 26 U.S.C. 5822, 26 U.S.C. 5841(a) through (c) and (e), 26 U.S.C. 5861(b) through (f), 27 CFR 479.62(a) through (d), and 27 CFR 479.84(a) through (d). Section 5822 is the Form 1 making-approval statute, and 479.62 is the regulation that spells out the making application itself, so for a covered maker the parts-photo prompt has nothing left to attach to. Coverage runs to the named plaintiffs and, both current and future, the members of Gun Owners of America, Gun Owners Foundation, Firearms Regulatory Accountability Coalition, Texas State Rifle Association, FPC Action Foundation, and Citizens Committee for the Right to Keep and Bear Arms; customers of B&T USA, Palmetto State Armory, SilencerCo Weapons Research, and Hot Shots Custom; customers of those organizations' commercial members; and law-enforcement agencies in the 15 plaintiff states.

Two provisions carry a much narrower injunction, and they are exactly the two a home builder cares about. 26 U.S.C. 5842(b) and 26 U.S.C. 5861(i) were challenged only by the Jensen plaintiffs, and the final judgment enjoins them only as to the Jensen plaintiffs and, where applicable, their members and customers. That is Texas State Rifle Association, FPC Action Foundation, and Citizens Committee for the Right to Keep and Bear Arms. Section 5861(i) makes it unlawful to receive or possess a firearm that is not identified by a serial number as required by the chapter. Nothing in the judgment lifts that offense for a Gun Owners of America member, a Gun Owners Foundation member, a FRAC member, or a Palmetto State Armory customer relying on the transaction-scoped coverage.

Read together, those two paragraphs describe a real trap. A GOA member who builds a suppressor without a Form 1 is relying on relief that reaches the making-approval and registration statutes and stops short of the serial-number offense. Build an unmarked tube on that coverage and the unregistered-making charge is off the table while the unserialized-possession felony is not, and it carries the same ten-year maximum under 26 U.S.C. 5871. Under the judgment alone, the marking obligation stays intact for anyone outside the Jensen side of the case: 26 U.S.C. 5842(a), which requires a maker to identify the firearm he makes, and 27 CFR 479.102, which sets the marking depth and print size, were never challenged by anyone. ATF's October 9 policy separately stops enforcing the NFA marking requirement for these items; serializing a homemade can still protects you if enforcement resumes.

The coverage map has one more inversion worth noting. The Jensen plaintiffs, the only group with serial-number relief, are the one group with no AOW relief at all: the court found they lacked Article III standing on AOWs because neither their complaint nor their opening declarations claimed any intent to make or acquire one. So the organizations whose members can lawfully possess an unserialized suppressor are the organizations whose members got nothing on AOWs, and the organizations with the full four-category win are the ones whose members still have to engrave.

The seven-day stay on the judgment lapsed at the end of August 12, 2026 with no stay motion from the government. Solicitor General D. John Sauer told Congress on September 24 that the department has determined not to file an appeal. The October 5 notice-of-appeal deadline passed with no DOJ filing, and ATF's October 9 guidance followed. Our coverage of the ruling has the enumerated-powers reasoning in full, and the Form 4 explainer covers when a registered filing still makes sense. The rest of this article is the process for makers who file a voluntary Form 1.

The request appears in the supporting-documents step of an electronic Form 1 filed to make a silencer. ATF asks the applicant to “submit the following descriptive information: Pictures of the parts that you will use to make the silencer (the pictures should be clear and allow the identification of the parts photographed),” and adds that “failure to upload additional documentation could lead to the Form 1 being Disapproved.”

On its face this is an ordinary sufficiency-of-description request. ATF has always needed enough information to identify the item being registered, and a Form 1 for a suppressor describes a device that does not exist yet. Photographs of the intended components are one way to establish what the applicant is asking permission to build. The friction comes from the specific way federal law defines the thing being photographed.

Because a silencer is defined to include its parts. The statutory text at 18 U.S.C. 921(a)(25), which the National Firearms Act picks up at 26 U.S.C. 5845(a)(7), covers “any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.”

Read that against the prompt and the tension is obvious. A photograph of a complete set of parts an applicant has assembled for the purpose of building a suppressor is, on one reading of the statute, a photograph of an unregistered silencer. A former ATF official raised exactly that objection, framing the only safe answer to the prompt bluntly: “I don't have any silencer parts because that would be a felony.”

Two words in the statute do a great deal of work in the other direction. The combination-of-parts clause requires that the parts be intended for use in assembling a silencer, and the single-part clause reaches only a part intended only for that use. Raw tube stock, a lathe, and a bar of aluminum are not a silencer. The legal exposure scales with how finished and how purpose-specific the parts are, which is exactly the line ATF says it is trying to draw.

Imported solvent-trap kits. ATF Director Robert Cekada responded to the criticism directly, saying nobody will be arrested over the photos: “We're trying not to register solvent traps. They are coming into this country illegally. We want to dissuade people from registering solvent traps, which are built overseas as suppressors without the hole, except for the part that says ‘drill here.’”

That maps onto guidance ATF has had in place since 2023. In an open letter to all federal firearms licensees, the agency explained that it “has not classified any device as a ‘solvent trap,’ because that term does not exist in the relevant Federal statutes or implementing regulations,” while confirming it has classified numerous devices marketed that way as firearm silencers. The controlling principle: “The test for whether an item is a silencer is not the label a manufacturer or retailer applies. Rather, it is the way the statute written by Congress applies to the item.”

The letter also spells out the design features that decide it. ATF weighs a device's objective characteristics, citing Sig Sauer v. Brandon, 826 F.3d 598 (1st Cir. 2016), and singles out “holes (or marks indicating where holes should be drilled) that allow the passage of a projectile” as clear indicators. A marketing claim that the device filters cleaning solvent is, in the agency's words, “not determinative under the statute.”

This is not a hypothetical worry, and that history explains the reaction. Beginning in mid-February 2022, ATF disapproved a large share of the Form 1 silencer applications that had been filed since roughly mid-December 2021. Processing that had been running three to five weeks stretched past eight, then came back as denials.

The stated rationale was the same statutory clause at issue now. Disapprovals quoted the definition covering “any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer” and concluded that applicants already possessed components meeting the definition without having registered them. The criticism then was that ATF was assuming possession, when many applicants file before buying anything at all.

Four years later the agency is asking applicants to send in pictures that would answer that question directly. Cekada's assurance is that the photos are a screening tool for imported kits rather than an enforcement dragnet, and the current ATF has spent 2026 removing friction from the NFA pipeline rather than adding it. The 2022 episode is still the reason the prompt reads differently to a Form 1 filer than to the person who wrote it.

If you register, file the Form 1 first and acquire parts after approval. That single sequencing decision resolves most of the ambiguity, because the combination-of-parts language attaches to possession of the parts, not to the application. An applicant who has filed but owns nothing has nothing to photograph that could be characterized as an unregistered silencer, and can describe the intended build instead.

If you already hold a finished-but-unbored kit, filing does not retroactively legalize the window during which you possessed it. That is the situation where a firearms attorney is worth the consultation fee, and it is precisely the population ATF says it is trying to keep out of the registry. Treating a Form 1 as a cleanup mechanism for a kit already on the shelf is the one move the statute does not support.

Approval also carries a marking obligation that catches first-time makers off guard. A Form 1 maker is a manufacturer for marking purposes, and the device has to be identified before or as it is made, not whenever convenient. Most builders send the tube to an engraving shop the week approval lands.

The tax argument for a Form 1 suppressor is gone. The One Big Beautiful Bill Act zeroed the federal making and transfer tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs effective January 1, 2026, leaving the $200 charge only on machine guns and destructive devices. For years the Form 1 pitch was that you paid the same $200 either way, so you might as well build. Now both paths cost $0 in tax and the comparison is purely parts and labor against a finished product.

Paperwork no longer separates them either: since October 9, 2026, neither path requires ATF approval federally. What remains is that a commercial can arrives pressure-tested, caliber-rated, warrantied, and with a mounting system that has a known interface. A home-built tube has none of those guarantees, and a baffle strike on a device you fabricated is a problem you own.

ATF's non-enforcement policy does not change that calculus. It removes the application, not the fabrication work or the pressure rating a tube you turned yourself does not have, and it removes the Form 4 on the buy side at the same time, so the two paths move together.

For most buyers that math now favors a commercial suppressor on a Form 4473 dealer transfer. Our guide to buying a suppressor walks the Form 4473 and voluntary Form 4 paths end to end, and the suppressor buying guide covers how to pick a can by caliber, mount, and material. If you want to see what a suppressed setup looks like before you commit, the rifle builder will spec a host and check thread compatibility as you go.

The photo prompt itself is not law and no rulemaking is attached to it. It is an application-processing practice inside eForms, which means it can be reworded or dropped without a Federal Register notice. Whether the wording gets softened is the thing to watch, since the current phrasing is what generated the objection rather than the underlying screening goal. ATF's October 9, 2026 non-enforcement policy reaches it from a different angle: with Form 1 voluntary, only makers who choose to register see the prompt.

The wider context is a regulatory posture moving the other direction. ATF spent 2026 proposing cuts to the NFA paperwork burden, including a July 2026 proposal to cut fingerprint and photograph requirements on Forms 1, 4, and 5. On the doctrinal side, the Fifth Circuit held in 2026 that suppressors are protected “Arms,” covered in our report on the suppressors-as-arms ruling. A prompt that asks makers to document parts sits oddly against both trends, which is why it drew attention within a day.

State law is the other gate, and neither the prompt nor the ruling moved it. Suppressor ownership is legal in 42 states, and neither a Form 1 approval nor ATF's non-enforcement policy does anything for a resident of a state that bans them outright. A suppressor is still contraband in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island. Check suppressor legality by state before filing anything. If a can is off the table where you live, the rimfire suppressor guide and the 9mm suppressor guide are still the fastest way to see what the category offers when you travel or move.