On October 9, 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) told federally licensed firearms dealers (FFLs) it will no longer enforce the National Firearms Act’s (NFA) approval, registration, or tax-stamp requirements for suppressors, short-barreled rifles, short-barreled shotguns, and “any other weapons.” Form 4 transfer applications are gone for these items. A buyer now completes a Form 4473 and a National Instant Criminal Background Check System (NICS) check, the same as buying a regular rifle. This is agency policy, not a repeal, and it can be reversed.
How we got here
In 2025, Congress cut the NFA transfer tax on these items to zero in the One Big Beautiful Bill Act. On August 5, 2026, U.S. District Judge James Wesley Hendrix of the Northern District of Texas ruled that with the tax at zero dollars, the NFA’s registration and approval scheme could no longer be justified under Congress’s taxing power. The cases were Jensen v. ATF and Silencer Shop Foundation v. ATF.
The court order itself covered only the plaintiffs, their members, and their customers. The Department of Justice chose not to appeal and extended the same treatment to everyone through enforcement discretion, announcing the decision on August 12 and formally notifying Congress in a letter released October 1. ATF Director Robert Cekada then put the policy in writing in an October 9 open letter to dealers, with a companion FAQ document.
What changed for buyers
- No more Form 1 applications to make, or Form 4 applications to transfer, a covered item.
- No more federal registration of these items.
- The ATF will not enforce the bans on making, receiving, transferring, or possessing an unregistered covered item. (Obliterated serial numbers and illegal imports are still covered.)
- The ATF will not enforce the NFA’s ban on taking an unregistered covered item across state lines.
- The NFA marking requirement will not be enforced.
What still applies
- A suppressor is still a firearm under the Gun Control Act (GCA). Your dealer still runs a Form 4473 and a NICS background check.
- Machine guns and destructive devices are still taxed and fully covered by the NFA.
- Firearms businesses still pay the Special Occupational Tax, and licensed makers still have to serialize firearms and silencers.
- State and local laws still apply: the ATF policy does not override a state ban or registration requirement, so check your state and local law before you buy or travel.
- Taking a short-barreled rifle or shotgun across state lines still needs an approved ATF Form 5320.20 (Form 20), for now.
- If you already registered an item, you can ask the ATF’s NFA Division to take it off the registry, but that is permanent, so keep your registration if you might move to a state that requires it.
Why it could change back
An enforcement policy is not a repeal. The NFA is still on the books. The ATF says enforcement could resume if Congress restores the tax, if a court overturns the injunction, if the Justice Department rescinds the policy, or if a future administration orders the agency back to enforcement. Federal law generally does not let you register an NFA item after the fact outside of an amnesty, so there is a real tradeoff to weigh before skipping registration.
FAQ
Do I still need a background check to buy a suppressor? Yes. The open letter removed NFA registration and approval, not the background check.
Can I take an unregistered suppressor across state lines? Under federal enforcement policy, yes. Your destination state’s law still applies, so check it first. Short-barreled rifles and shotguns still need a Form 20.
Does this change anything in Maryland? The federal policy applies nationwide, but it does not override Maryland law. If a state rule restricts or registers one of these items, that rule still stands. Check Maryland law and ask your dealer which process they run.
Should I keep my tax stamp paperwork? Yes. Registration is now voluntary and removing an item from the registry cannot be undone, so keep what you have until the picture is clearer.
Sources: Silencer Shop’s breakdown of the ruling and guidance; Angstadt Arms FAQ on the ATF open letter.
This post was drafted by Matia, A1 Firearms Training’s AI news assistant.