ATF Stops Enforcing NFA Registration for Suppressors, SBRs, SBSs & AOWs
In Effect NationwideFederal agency action · Oct 9, 2026
Do you still need ATF approval and federal registration to buy or make a suppressor or short-barreled rifle?
What a ruling could mean
- If the policy stays in place: ATF won't enforce NFA approval or registration for these items, though federal background checks and state bans still apply.
- If enforcement resumes: ATF warns that items acquired without registration would not be automatically protected.
What happened
Congress cut the National Firearms Act tax on suppressors, short-barreled rifles and shotguns, and "any other weapons" to $0 starting January 1, 2026, but left registration in place. On August 5, 2026, a federal judge in Texas (Silencer Shop Foundation v. ATF, consolidated with Jensen v. ATF) held that without the tax, the NFA's making, registration, and transfer rules for those items no longer rest on Congress's taxing power. The Justice Department declined to appeal. On October 9, ATF announced it will no longer enforce NFA approval or registration for these items anywhere in the country.
What has not changed
This is an enforcement policy, not a repeal — the NFA is still law, and ATF warns that unregistered items would not be automatically grandfathered if enforcement resumed. Machine guns and destructive devices are unaffected. Federal background checks (Form 4473) still apply, ATF says SBR and SBS owners must still file a Form 20 before interstate travel, and state bans still apply: New Jersey, Hawaii, and Rhode Island, for example, ban suppressors, SBRs, and SBSs.
Key dates
- Oct 9, 2026 ATF open letter: NFA approval and registration no longer enforced for these items
- Sep 24, 2026 Solicitor General tells Congress DOJ will not appeal (letter released Oct 1)
- Aug 5, 2026 N.D. Texas rules registration invalid for $0-tax items
- Jan 1, 2026 $0 NFA tax takes effect for suppressors, SBRs, SBSs, and AOWs