ATF issues guidance on National Firearms Act transfers for short-barreled rifles, short-barreled shotguns, suppressors, and certain other firearms

ATF ^ | 10/9/26

[CFW]

WASHINGTON – The Bureau of Alcohol, Tobacco, Firearms and Explosives today released an Open Letter and Frequently Asked Questions explaining how it will treat ownership, transfer, and transportation of the National Firearms Act firearms for which Congress eliminated the making and transfer taxes in the One Big Beautiful Bill.

The guidance follows an announcement by Attorney General Todd Blanche that the Department of Justice will not appeal an August decision made by the U.S. District Court for the Northern District of Texas, which held that certain provisions of the NFA were unenforceable. In that decision, the court enjoined enforcement of those NFA provisions only for the plaintiffs in the suit; however, using the Department’s enforcement discretion, the Attorney General in his announcement made the policy decision to apply the guidance to everyone, and not only to those covered by the injunction in Silencer Shop Foundation v. ATF, No. 6:25-cv-056 (N.D. Tex.).

“The direction from the President, Congress, and the courts is clear,” said ATF Director Rob Cekada. “ATF is now following suit with our enforcement posture while continuing to ensure we remain focused where we are needed the most: combatting violent crime in American communities.”

Under ATF’s guidance, ATF will not enforce the requirements for individuals to apply and receive ATF approval before making or transferring short-barreled rifles, short-barreled shotguns, suppressors (silencers), and certain other concealable firearms known in the law as “any other weapons.” ATF also will not enforce the NFA’s registration, tax-stamp or related requirements for those covered items. The $200 tax remains in place for machine guns and destructive devices. The NFA requirements apply in full to those weapons.

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TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 2ndamendment; banglist; constitution; suppressors

[CFW]

Here is the long-awaited guidance from the ATF on firearms suppressors and short-barreled rifles, etc.

[CFW]

“BREAKING: Huge News for Gun Owners As DOJ and ATF Release Guidance and FAQ for NFA Items”

https://bearingarms.com/camedwards/2026/10/09/atf-releases-guidance-and-faq-for-nfa-items-n1234088

[kawhill]

“Under ATF’s guidance, ATF will not enforce the requirements for individuals to apply and receive ATF approval before making or transferring short-barreled rifles, short-barreled shotguns, suppressors (silencers), and certain other concealable firearms known in the law as “any other weapons.” Those are the coolest of all.

[No.6]

Unclear at first read: will those ATF directives preclude states from enforcing or newly imposing draconian requirements, or worse making ownership impossible by requiring an ATF approval that ATF will no longer perform?

[absalom01]

Based on a quick read, this doesn’t affect state level prohibitions.

So, if you’re in California, you’re still out of luck.

If you’re in a state that allows possession of NFA items subject to proper federal registration (which I think is still the law in NV), it creates an ambiguity.

But it’s still a big win on the federal level.

[absalom01]

Here’s a link to the guidance letter itself:

https://www.atf.gov/firearms/update-to-nfa-transfer-guidance

[Paal Gulli]

"If you’re in a state that allows possession of NFA items subject to proper federal registration...."

The genuinely gun-friendly states treat NFA devices the same as all other firearms, although the game & fish folk generally have the autonomy and authority to outlaw hunting with a fully-automatic weapon.

[Paal Gulli]

Since you no longer have to worry about a braced pistol being ruled a short-barreled rifle, you can put a genuine foregrip on it, complete with weapons light and/or laser aiming aid.

You also can ditch the “pistol brace” and put a genuine stock on it.

[CFW]

The Second Amendment Foundation posted this:

“SAF’s Senior Director of Legal Operations on the new NFA guidance from the ATF.

Go to https://SAF.org/nfainjunction/ to read the documents and our FAQs.”

[grobdriver]

So the GCA provisions still bite us.

[sauropod]

Bkmk

[grobdriver]

The GCA prohibits an FFL from selling or delivering a short-barreled rifle or short-barreled shotgun, except as specifically authorized by the Attorney General. 18 U.S.C. 922(b)(4). Traditionally, the NFA approval process satisfied this requirement. Although the district court enjoined the NFA approval process, it did not enjoin the GCA authorization requirement.

At this time, no regulatory mechanism exists to authorize FFLs to transfer short-barreled rifles or short-barreled shotguns outside the NFA process. ATF understands the burden this will create, and ATF is creating forms and drafting regulations as quickly as possible to implement a non-NFA approval process. To deal with the disruption that gap will create in the interim, ATF will exercise its enforcement discretion and not enforce 18 U.S.C. § 922(b)(4) until such regulations exist.

So they're creating a non-NFA NFA "process".
Death to the GCA!

[dynachrome]

Colorado will still arrest you I think?

[Ol' Dan Tucker]

Colorado will still arrest you I think?

Nah.

Suppressors are legal in Colorado. Both state and federal law permit suppressor ownership for civilians, with no special state-level bans or extra restrictions. Colorado residents can own silencers for legal purposes, including: recreational shooting, hunting, home defense & competitive shooting.

They have a display case full of suppressors in my local Big R sporting goods store. Automatic knives are also legal here.

[KitJ]

Thanks for posting, CFW.

Unfortunately, the state laws are still in effect, until our black-robed tyrants make a ruling.

This poses a problem. In my state of Colorado, the law requires all NFA-classified items to have a Federally-approved tax stamp. If there are no ‘federal tax-stamps’ then the device is not legal. Or is it?

Now what? I doubt the Colorado statehouse will follow Federal guidance. It will be up to some county deputy to enforce the law. Now it depends on which county you’re in.

Denver/Boulder/Adams/Douglas are not nice places to transit or visit if you own firearms.

It will take many years before a judge rules against these unconstitutional laws:
- magazine restrictions
- 3-day waiting period for purchase, after being instantly approved
- State-approved training to purchase a semi-auto, at your expense, about $250 to exercise your God-given rights, with the approval of your sheriff. Only IF the sheriff approves
- additional state excise tax (6.5%) on all firearms, ammunition, or gun parts

Anyone can read my tagline. It hasn’t changed in over 20 years.

[Ancesthntr]

Oh, so we can FINALLY do what we want with our own property? How f’ing generous of the feds.

You know, the entire idea of personal liberties is that NO ONE gets to tell you what to do - unless and until what you’re doing can/has physically harmed someone. Until that circumstance happens, it’s nobody’s damned business what you own or what you do with what you own.

Right now I am VERY happy that I voted for Trump - he’s been the only President in probably 100 years who actually gave a damn about the liberties and well-being of the average person to actually DO something to enhance those things by expending some political capital.

[556x45]

That’s a question I had…so form 1 is no longer necessary to make an sbr? That rocks if correct. I was thinking about doing just that to a non-NFA receiver.

[Hot Tabasco]

authority to outlaw hunting with a fully-automatic weapon.

I envy you if you can afford one.....Lets say, an M-16.

[george76]

Colorado Ping ( Let me know if you wish to be added or removed from the list.)

[KitJ]

"it’s nobody’s damned business what you own or what you do with what you own."

Amen.