HELENA – Montana Attorney General Austin Knudsen issued legal guidance today to local prosecutors and law enforcement agencies clarifying how the recent ruling in Silencer Shop Foundation v. ATF aligns with Montana law. The federal court ruling affects silencers, short-barreled rifles (SBR), and short-barreled shotguns (SBS).
On July 4, the Big Beautiful Bill Act was signed into law, removing the longstanding $200-per-item federal tax on the possession, manufacture, and transfer of silencers, SBRs, and SBSs. Then, on August 5, U.S. District Judge Hendrix ruled that the National Firearms Act of 1934 (NFA) regulations on these items are unconstitutional now that the underlying tax no longer exists, and blocked the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing the tax and registration requirements for only specific plaintiffs named in the case, plaintiff firearm organizations, and advocacy groups such as: Gun Owners of America, Inc., Firearms Regulatory Accountability Coalition, Inc., Gun Owners Foundation, Texas State Rifle Association, FPC Action Foundation, and Citizens Committee for the Right To Keep and Bear Arms. The ATF chose not to seek an immediate stay, so the ruling is now in effect for those parties nationwide. The ATF still has time to appeal the decision, so the legal status of the court’s injunction is still fluid and subject to change.
Under Montana law, possession of an unregistered silencer remains a felony punishable by five to 30 years in prison and up to $20,000 in fines. Additionally, Montana law only exempts “sawed-off firearms” or SBS from prosecution if the owner holds a valid federal tax stamp, the very document Judge Hendrix’s ruling eliminates for eligible plaintiffs. Montana law still requires suppressors to be registered with the ATF if used for hunting.
Ahead of the 2027 Montana Legislative session, legislation has been introduced to alter or remove Montana’s criminal penalties for possession, manufacturing, or transferring silencers, SBRs, and SBSs.
