Link to A Monumental Shift in NFA Enforcement A Monumental Shift in NFA Enforcement
For nearly a century, anyone who wanted to make or acquire a silencer, short-barreled rifle (SBR), short-barreled shotgun (SBS), or “any other weapon” (AOW)[1] first had to obtain approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and register the item under the National Firearms Act (NFA). On October 9, 2026, ATF announced it will no longer require either step for those four categories.
In an open letter to all federal firearms licensees (FFLs) and the public, ATF Director Robert Cekada announced that, effective immediately, ATF “will no longer require individuals to seek ATF approval under the NFA before making or transferring” these items or require that they be registered. ATF also posted Frequently Asked Questions to address related concerns. The nonenforcement policy applies nationwide.
Link to How Did This Happen? How Did This Happen?
The policy change traces back to two key events. First, Section 70436 of the One Big Beautiful Bill Act reduced the longstanding $200 federal making and transfer tax to zero dollars ($0) for silencers, SBRs, SBSs, and AOWs; the $200 tax remains for machineguns and destructive devices. Once the tax hit zero dollars, various parties sued to challenge the NFA’s remaining requirements under several constitutional theories, most notably the Taxing and Spending Clause and the Second Amendment.
Second, on August 5, 2026, the U.S. District Court for the Northern District of Texas decided Silencer Shop Foundation v. ATF, No. 6:25-CV-056-H (Silencer Shop), holding that once the tax on these items fell to zero, the NFA’s registration and transfer provisions could no longer rest on Congress’s taxing power. The court rejected the Commerce Clause as an alternative basis to uphold the law, since Congress relied solely on its taxing power when it enacted the NFA in 1934. After a one-week stay, the court enjoined ATF, the U.S. Department of Justice, and anyone acting in concert with them from enforcing the approval, registration, and related criminal provisions as applied to the zero-dollar tax items: silencers, SBRs, SBSs, and AOWs. By its terms, the injunction protects only the plaintiffs in the Texas case and their customers.
ATF then received requests for guidance from litigants, state attorneys general, the industry, and members of Congress asking it to apply the ruling nationwide. The open letter is ATF’s response to these requests. Critically, ATF framed these changes as an exercise of enforcement discretion, not a concession that the ruling binds it beyond the plaintiffs.
Link to What Changes What Changes
For individual firearms owners, this guidance may meaningfully reduce the administrative burden and cost of acquiring silencers, SBRs, SBSs, and certain other concealable firearms, since ATF will not require the usual tax stamp and approval process. However, individuals should not assume the process is entirely hands-off.
Link to Five Key Limits Five Key Limits
ATF was clear this is a narrow change, and the NFA has not gone away. ATF identified five limits that businesses should not overlook:
- Special occupational taxes (SOTs) still apply. Anyone “engaged in the business” of manufacturing, importing, or dealing in NFA firearms must keep paying the applicable SOT.
- Machineguns and destructive devices are unaffected. All NFA requirements continue to apply to them because the $200 tax remains.
- The Gun Control Act (GCA) remains fully in effect. It defines “firearm” to include the affected items, so prohibited-person restrictions, background checks, FFL recordkeeping, and Form 4473 requirements continue to apply to all firearms, including silencers, SBRs, SBSs, and AOWs.
- SBR and SBS transport and sale restrictions remain, with one interim exception (ATF is not currently enforcing the SBR and SBS sales restrictions contained in 18 U.S.C. § 922(b)(4) while it develops new regulations). For now, individuals transporting SBRs and SBSs across state lines should still seek approval for interstate travel by filing a Form 20 with ATF, even if the item is unregistered.
- Silencers are not subject to the same interstate transport restrictions.
- Although ATF has proposed a new rule requiring only notice, rather than approval, before traveling with SBRs or SBSs, that rule is not yet in effect. SBR and SBS owners must still receive approval before traveling interstate with those firearms.
- State and local laws are unaffected. Some states prohibit some or all NFA items outright; others simply require NFA items to be possessed in compliance with or registered under federal law. ATF cautioned that it is unclear whether state courts will apply the 18 U.S.C. § 926A safe harbor to unregistered NFA items traveling through a prohibiting state. FFLs also remain barred from transferring a firearm in violation of state or local law under 18 U.S.C. § 922(b)(2).
- For example, the Maryland State Police issued an advisory letter on October 15, 2026, stating that “ATF’s updated guidance does not eliminate or supersede Maryland’s requirements” and that NFA items made, acquired, or transferred in Maryland must still be approved and registered under the NFA. Other states may issue similar guidance.
Link to This Policy Can Change at Any Time This Policy Can Change at Any Time
The industry as a whole and individuals should treat this new policy as a discretionary posture, not settled law. ATF acknowledged that “[m]aterial changes in legal or factual circumstances could cause NFA enforcement to resume” and that this position is an “exercise” of its “enforcement discretion.” Any new development, such as a new tax on NFA firearms, dissolution or reversal of the district court’s injunction, or rescission of the policy, could significantly change the enforcement and legal risk. Nothing in the open letter prevents a future administration from taking a different view, and ATF’s statement does not bind courts or state law enforcement authorities.
While the new policy creates opportunities in a lighter regulatory environment, it also presents significant risk-management challenges. A business or individual that relies on the absence of registration today could face a different enforcement environment later, which is one reason some may choose to keep fully complying with all NFA requirements.
Link to Compliance Takeaways Compliance Takeaways
- Businesses and purchasers must confirm that each item and transaction falls within the four affected NFA categories. Machineguns and destructive devices remain fully regulated under the NFA.
- Regulated businesses must keep paying their SOT. Manufacturers, importers, and dealers remain subject to the occupational tax and to GCA licensing and recordkeeping, including Form 4473 and FBI NICS checks.
- Businesses need to think through their transaction documentation and whether to take advantage of this discretion. FFLs must decide whether to keep submitting Forms 3 and 4 for customers and build in contingency planning, including contract terms, inventory, and recordkeeping practices that would still work if enforcement resumed. ATF has stated that items can be removed from the National Firearms Registration and Transfer Record by emailing the NFA Division, but a removed item cannot be re-registered unless the Attorney General declares an amnesty period.
- State laws still apply. Dealers should run a state-by-state analysis before shipping or selling, checking whether the relevant state (yours or the destination state) prohibits unregistered items or treats federal registration as a condition of legal possession.
- Unregistered firearms are still treated as contraband under the NFA, and making, possessing, transferring, or receiving them may create criminal liability under the text of the statute regardless of the new enforcement guidance.
- All stakeholders should watch for further developments. ATF has stated that regulations are in the works with regard to GCA and FFL transfers of SBRs and SBSs, and it currently has several other proposed rules that may become final soon. Further litigation is also possible after Silencer Shop, even though the government has chosen not to appeal the Silencer Shop decision.
Bradley will continue to monitor developments in this area. If you have questions about how this guidance affects your business operations, licensing obligations, or personal firearms transactions, please contact the authors.
[1] AOWs include firearms like the Serbu Super Shorty (a stockless pump-action shotgun with a vertical foregrip and a 6.5” barrel), cane guns, pen guns, and handguns with a vertical foregrip attached. The full definition of “AOW” is located at 26 U.S.C. § 5845(e).