ATF stops requiring NFA registration for suppressors and short-barreled guns nationwide

Right · 2On 9 October 2026 the ATF released guidance, signed by Attorney General Todd Blanche, saying that effective that day it will no longer require individuals to seek ATF approval under the National Firearms Act (NFA) before making or transferring short-barreled rifles, short-barreled shotguns, silencers and "any other weapon[s]". 1 2 Right · 1The guidance adds that the ATF will also no longer require such items to be registered in the National Firearms Registration and Transfer Record. 1 Right · 2The change follows an August 5, 2026 ruling in Silencer Shop Foundation v. ATF, in which Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas found the registration requirements unconstitutional in the absence of a tax; the injunction covered only the plaintiffs and certain other specified persons. 1 2

Right · 2The tax had been cut to $0 for these items by Congress through the One Big Beautiful Bill Act; Fox News reports the judge reasoned that without the tax, the NFA's registration and transfer provisions could no longer be justified under Congress's taxing power. 2 1 Right · 1Breitbart reported on 2 October that the Department of Justice would not appeal, leaving federally licensed dealers awaiting guidance. 1 Right · 1The guidance says the Department chose to use its enforcement discretion to create greater uniformity even though the injunction is limited. 1

Right · 1ATF Director Robert Cekada told Breitbart News the agency decided the fairest course was to extend the protections to all law-abiding citizens without requiring them to be plaintiffs or members of any organisation. 1 Right · 1In a letter to licensees, Cekada said, "The direction from the President, Congress, and the courts is clear," and that the ATF would stay focused on combating violent crime. 2 Right · 1Limits remain: Cekada said the ATF cannot override states that still require Form 1 or Form 4 approval, and it will keep accepting voluntary submissions from people in those states. 1

Right · 1Fox News adds that transactions remain subject to the Gun Control Act, so dealers must still run background checks and keep records; machine guns and destructive devices stay under the NFA; federal approval is still needed to transport short-barreled rifles and shotguns across state lines; and future legal shifts could reinstate prior rules without automatic grandfathering. 2 Right · 1NRA executive director John Commerford praised the move, saying the Trump administration will stop treating law-abiding Americans as needing special permission to own such items. 2 Right · 1Everytown for Gun Safety criticised the decision in an Instagram post, saying the agency tasked with enforcing gun laws was "now deciding not to," that the NFA was enacted to keep such weapons from criminals, and that Cekada was being "a puppet for the gun industry" that would endanger communities. 3