On October 9, 2026, ATF announced that it will stop enforcing the National Firearms Act’s approval and registration requirements for four categories of firearms: suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and “any other weapons” (AOWs). It is the biggest change to how most NFA items are bought and sold since the law was passed in 1934.
It is also narrower and more fragile than some headlines suggest. Here is what changed, what did not, and what to think about before you act on it.
How we got here
- July 2025: Congress passed the budget reconciliation law known as the One Big Beautiful Bill Act, which cut the NFA making and transfer tax on suppressors, SBRs, SBSs and AOWs from $200 to $0, effective January 1, 2026. The $200 tax stayed in place for machine guns and destructive devices.
- August 5, 2026: In Silencer Shop Foundation v. ATF, consolidated with Jensen v. ATF, Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas ruled that with the tax at $0, the NFA’s registration and approval provisions for those four categories no longer rest on Congress’s taxing power. The injunction covered only the plaintiffs and those connected to them.
- October 9, 2026: ATF published an open letter and FAQs extending non-enforcement nationwide, as a matter of enforcement discretion.
What ATF says it will no longer enforce
For suppressors, SBRs, SBSs and AOWs, according to ATF’s published guidance:
- Prior approval to make (Form 1) or transfer (Form 4)
- Registration in the National Firearms Registration and Transfer Record
- The NFA marking requirement
- The NFA’s criminal prohibitions on making, receiving, transferring or possessing an unregistered item, with two exceptions: obliterated serial numbers and illegally imported items are still crimes
- The NFA ban on transporting unregistered items across state lines
ATF says it will continue to accept registrations voluntarily.
What did not change
- Machine guns and destructive devices. Full NFA rules and the $200 tax still apply.
- The Gun Control Act. Buying from a dealer still means a Form 4473 and a background check, and prohibited persons are still prohibited.
- SBR and SBS travel. ATF’s guidance says you must still file a Form 20 before taking an SBR or SBS across state lines, under 18 U.S.C. § 922(a)(4).
- Businesses. Manufacturers, importers and dealers still pay their special occupational taxes and follow GCA licensing and recordkeeping rules.
- State and local law. ATF is explicit that its guidance does not override state or local restrictions. Several states and Washington, D.C. ban suppressors outright, and others restrict SBRs or require federal paperwork under their own laws. If your state’s law refers to NFA registration, an unregistered item may not be legal there even though ATF is not enforcing federal registration. Maryland is an example: on October 15, the Maryland State Police said state law still requires federal registration for short-barreled rifles and shotguns, so Maryland buyers must still get ATF approval on a Form 1 or Form 4.
The risk most people are skipping
This is an enforcement decision, not a repeal. The NFA is still on the books, and ATF itself warns that enforcement could resume if circumstances change, for example if Congress restores a tax or the court ruling is overturned or narrowed.
ATF’s guidance also says federal law does not generally allow unregistered NFA items to be registered later. Any amnesty would be up to the Attorney General and is not guaranteed. Items removed from the registry at an owner’s request cannot be re-registered without one.
In practical terms: an item that is registered today keeps that paper trail if the rules change again. An item that is never registered, or is removed from the registry, does not.
What we would do
- Check your state and local law first. ATF’s guidance does not help you there.
- If you already own registered items, think hard before asking ATF to remove them. That step is difficult to undo.
- If you buy a new suppressor or SBR, consider filing voluntarily at the $0 rate while ATF still accepts it.
- Keep filing Form 20 for interstate travel with SBRs and SBSs.
- Watch for appeals, new legislation and updated ATF rules. We will update this story as they happen.
This article explains published guidance and court decisions. It is not legal advice. For your specific situation, talk to a firearms attorney in your state.
