Why Missouri’s Attorney General Is Suing the ATF Over Suppressors

Daniel Whitaker

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September 28, 2026

The fight over suppressors just got a lot bigger. Missouri’s attorney general is not simply filing another symbolic gun-rights lawsuit; this one goes straight at the legal foundation behind federal registration rules.

What Triggered The Lawsuit

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Missouri Attorney General Catherine Hanaway announced the suit after arguing that federal rules on suppressors and short-barreled rifles have outlived the legal logic that once supported them. According to the Missouri Attorney General’s Office, the case seeks to block ATF enforcement of National Firearms Act registration requirements against law-abiding Missourians.

The state is joined by plaintiff Dave Marshak, and the complaint was filed in federal court in Missouri. State officials say the target is not every federal gun law, but the specific registration regime attached to items regulated under the National Firearms Act, especially suppressors.

That matters because this is framed as a constitutional and statutory challenge at the same time. In plain English, Missouri is saying the federal government lacks both the historical basis and the practical legal footing to keep treating suppressors this way.

The State’s Core Legal Argument

The heart of Missouri’s case is surprisingly simple: if Congress has reduced the tax tied to these items to zero, the government has a weaker argument for preserving the registration system that came with that tax. Reporting on the suit says Missouri is leaning heavily on the idea that the tax-and-registration structure cannot stand unchanged once the tax itself is effectively gone.

That is important because the National Firearms Act was originally justified as a tax measure, not just a stand-alone registration law. Missouri’s complaint reportedly argues that when the revenue function disappears, the federal government’s constitutional justification becomes far shakier.

The second major claim is rooted in the Second Amendment. The lawsuit argues suppressors and short-barreled rifles are protected “arms,” and therefore cannot be burdened by a registration system that lacks support in America’s historical tradition of firearms regulation.

Why Suppressors Are At The Center

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Dan Galvani Sommavilla/Pexels

Suppressors tend to trigger strong reactions, but the legal argument around them has shifted in recent years. Gun-rights advocates increasingly describe them not as sinister gadgets, but as hearing-safety tools that reduce noise and make training, hunting, and range use safer for shooters and bystanders.

That framing appears throughout modern litigation. In the broader Missouri-related federal challenge brought by gun-rights groups in 2025, organizations including the American Suppressor Association, Firearms Policy Coalition, the NRA, and the Second Amendment Foundation also attacked the National Firearms Act as unconstitutional as applied to suppressors.

Missouri’s new case taps into that momentum. It is trying to push the issue beyond private plaintiffs and into a direct state-versus-federal-power fight, which raises the stakes considerably.

The Bigger Legal And Political Context

This lawsuit did not appear out of nowhere. Missouri lawmakers have also considered suppressor-friendly legislation, including measures tied to in-state manufacture and possession, showing that state political leaders have been looking for ways to challenge or narrow federal suppressor controls.

At the same time, courts around the country have been hearing more aggressive Second Amendment cases after the Supreme Court’s Bruen decision reshaped the legal test. That ruling pushed judges to ask whether modern firearms restrictions match historical tradition, and Missouri is clearly trying to use that framework to its advantage.

So this is not just about one accessory. It is part of a larger national campaign to revisit how far the federal government can go in regulating items commonly owned for lawful purposes.

What The ATF And Federal Government Will Likely Say

Expect the federal government to argue that the National Firearms Act remains valid even if the tax has changed in practical effect. Federal lawyers are also likely to argue that suppressors are still subject to longstanding regulation and that Congress retains authority to require registration and approval for transfers.

Another likely response is that suppressors are different from ordinary firearms because they are separately defined and regulated under federal law. Justice Department filings in other firearms cases have long emphasized that silencers and suppressors fall within federal statutory definitions even when states push back.

In short, the ATF will probably say Missouri is oversimplifying both the tax issue and the constitutional question. That sets up a serious test of how courts now read old federal gun laws in a post-Bruen era.

Why This Case Matters Beyond Missouri

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Antonio Quagliata/Pexels

If Missouri wins, the impact could extend well beyond state lines. A favorable ruling could weaken ATF enforcement of suppressor and short-barreled rifle registration requirements, at least for certain plaintiffs at first, and eventually encourage similar lawsuits elsewhere.

Even a narrow victory would matter. Recent reporting and advocacy summaries suggest courts have already shown interest in arguments that the old tax-based framework looks vulnerable once Congress removes the money side of the equation.

For gun owners, regulators, and lawmakers, this case is really about more than paperwork. It is about whether an old federal regulatory model still fits modern constitutional doctrine, and whether suppressors will continue to be treated as heavily regulated exceptions under federal law.

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