Summary: ATF’s new guidance ends mandatory prior approval and federal registration for suppressors, short-barreled rifles, short-barreled shotguns, and certain “other” NFA weapons. Machine-gun and destructive-device restrictions, federal background-check and recordkeeping rules, interstate transportation requirements, and applicable state and local laws remain in effect.
On Friday, October 9, 2026, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued an Open Letter and a frequently asked questions page outlining new guidance and policies on the transfer of (1) suppressors, (2) short-barreled rifles, (3) short-barreled shotguns, and (4) “any other weapon,” meaning concealable firearms other than pistols and revolvers under the National Firearms Act (NFA). The guidance allows these items—but not machine guns or destructive devices—to be transferred without registration.
What portions of the NFA are no longer being enforced?
The Open Letter spells out that “ATF will no longer require individuals to seek ATF approval under the NFA before making or transferring short-barreled rifles, short-barreled shotguns, silencers, and ‘any other weapon[s]’ as defined in 26 U.S.C. § 5845(e). ATF will also no longer require such items to be registered in the National Firearms Registration and Transfer Record. These policies apply uniformly to anyone otherwise subject to these requirements….”
ATF will still register these NFA items on a voluntary if an applicant chooses to submit Form 1, 2, 3, or 4, as applicable, but registration is no longer mandatory.
What is still being enforced for these items?
There are five provisions of the law that are still being enforced.
- The occupational tax imposed on persons engaged in the business of manufacturing, importing, or dealing in all NFA items;
- The NFA restrictions on machineguns and destructive devices;
- The Gun Control Act’s background check and recordkeeping requirements and its prohibited person restrictions;
- The interstate transportation restrictions on NFA items—Form 20 still needs to be submitted; and
- State and local laws restricting NFA items.
Why did the policy change?
Under the American federalism system, the powers to regulate are split between the state and federal government. The states have broad authority to pass laws for the general safety and wellbeing of their citizens. Congress’s powers are more limited, most notably to the authority to tax and regulate interstate commerce.
The NFA was passed in 1934 under Congress’s power to tax. Since then, transfers of NFA items have required payment for a tax stamp and registration. The One Big Beautiful Bill Act, however, removed the tax on suppressors, short-barreled long guns, and concealable firearms other than pistols and revolvers. The NFA was then challenged in court as being an abuse of the tax power—that is, Congress cannot exercise its power to tax without actually imposing a tax.
In August, the United States District Court for the Northern District of Texas found that argument to be persuasive, and enjoined ATF from enforcing the NFA against the plaintiffs in the case. The open letter and FAQ page implement that decision more broadly, “not just to the plaintiffs in the litigation.”
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