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BREAKING: ATF Drops NFA Registration for Suppressors, SBRs

The ATF just ended NFA approval and registration for SBRs, SBSs, suppressors, and AOWs. See what changes and what doesn't.

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Editor’s Note: Article updated with new information, October 9, 2026.

In a historic move, the ATF has officially stepped back from enforcing the approval and registration process for suppressors, short-barreled rifles, short-barreled shotguns, and Any Other Weapons (AOWs).

In an open letter to FFLs and the public, ATF Director Robert Cekada said that effective October 9, 2026, the agency will no longer require approval before making or transferring those items. It will also no longer require those items to be registered in the National Firearms Registration and Transfer Record.

That means consumers no longer have to fill out a Form 1 or Form 4 and wait for ATF sign-off or registration. Note: Nothing changes for gun owners in states that prohibit NFA items. This policy change does not override state or local gun laws.

The Department of Justice said it determined to "exercise its enforcement discretion to create greater uniformity." The decision applies to everyone, not just the plaintiffs in Silencer Shop Foundation v. ATF.

Keep reading as we break down this big news!

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What This Means for Gun Owners

Silencer Central Banish 223

What Changes

  • No ATF approval is needed to make or transfer suppressors, SBRs, SBSs, or AOWs
  • These items don't have to be registered
  • ATF will still accept Forms 1, 3, and 4 on a voluntary basis if individuals wish to submit them. Manufacturers can report production on Form 2.

What Doesn't Change

  • Background checks and prohibited persons: The Gun Control Act still treats these items as firearms, so the usual 4473 and NICS process applies, as does dealer recordkeeping. Prohibited person rules also remain in place.
  • Machine guns and destructive devices: These are not impacted by the decision. The tax remains, as do all NFA provisions.
  • Interstate transport of SBRs and SBSs: The ATF says you should still file a Form 20, even if the item is not registered. The agency is working with FFLs on new regulations for FFLs to transfer SBRs and SBSs, but won't enforce 18 U.S.C. § 922(b)(4) in the meantime.
  • Dealer and manufacturer taxes: Anyone in the business of manufacturing, importing, or dealing in NFA firearms and devices still has to pay the special occupational tax.
  • State and local laws: State and local laws remain the same. If a state has a ban on any of these items, FFLs can't transfer an item in violation of state or local law.

As always, check your state gun laws before heading to the store or purchasing online. If you live in a state that restricts NFA items like SBRs or suppressors, a policy change like this doesn't make them legal where you live. So, nothing changes.

Also worth noting is that some states require federal registration of these items, so consult with an attorney or local law enforcement prior to purchase.

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Tested .22LR Suppressors

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The ATF also warns that it's currently unclear how the federal safe harbor for interstate transport will protect an unregistered item through restrictive states, even if the start and end states allow those items. It's best to check with an attorney or local law enforcement before traveling.

The ATF says it will post an FAQ soon on its website, and questions can be submitted via email to its Firearms Industry Programs Branch at fipb@atf.gov.

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Federal Judge Slapped Down NFA Regulations

A federal judge in Texas handed the 2A community a win in August, ruling that National Firearms Act regulations, without an associated tax, are unlawful.

U.S. District Court Judge James Wesley Hendrix issued the 66-page opinion on Wednesday on the combined cases of Silencer Shop Foundation v. ATF and Jensen v. ATF.

DD MK18 SBR
DD MK18 SBR

Gun advocates teamed up with manufacturers, gun rights groups, and 15 states to challenge the legality of the NFA after the One Big Beautiful Bill Act zeroed out the tax stamp fee.

The original filings pointed to a 1937 Supreme Court decision, Sonzinsky v. United States. In Sonzinsky, the High Court upheld the NFA’s constitutionality but also stated that a tax must “produce some revenue.”

Legal experts argued that without a tax, the government loses the authority to regulate.

Silencer Central Banish 22 Suppressor on Ruger Mark IV
Silencer Central Banish 22 Suppressor on Ruger Mark IV

Hendrix, presiding over the Northern District of Texas, agreed, issuing the injunction.

“Because today’s NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power,” Hendrix wrote.

“And there is no sign in the NFA’s text, structure, or statutory history that Congress invoked any other power in crafting the NFA provisions at issue. Thus, the regulatory provisions must be enjoined as unconstitutional because they exceed Congress’s enumerated powers.”

Though the court did not rule on any Second Amendment issues, instead focusing solely on the tax/enumerated powers angle, the decision thrilled gun rights advocates.

ATF Tax Stamp Suppressor

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The Second Amendment Foundation, who backed Jensen but was not a named plaintiff, called the injunction “a big win.”

“The basis for each lawsuit challenging the NFA registration scheme is the same – without the tax, the remaining requirements for the affected arms under the NFA have no constitutional basis,” Second Amendment Foundation Executive Director Adam Kraut said in a press release.

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“And today the first court to rule on the issue has agreed with us. We’re eager to continue this fight and leave major portions of the NFA in the dustbin of history. A big win is a great way to kick things off.”

Gun Owners of America and Silencer Shop announced that some members had already purchased suppressors without a form to register the devices in mid-August after the decision, marking the first time since 1934 that a suppressor purchase was made without complying with the NFA. 

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Silencer Shop Foundation v. ATF and Jensen v. ATF

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Silencer Shop Foundation v. ATF and Jensen v. ATF sit at the center of the fight. The Silencer Shop case saw a host of gun industry juggernauts (including Silencer Shop Foundation, B&T USA, Palmetto State Armory, and SilencerCo Weapons Research) team up with 15 states (Texas, Alaska, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming) and the Gun Owners of America, Gun Owners Foundation, and the Firearms Regulatory Accountability Coalition.

Jensen started with Texas gun owners John Jensen, Jeremy Neusch, and David Lynn Smith with Hot Shots Custom, LLC, and the Texas State Rifle Association, FPC Action Foundation, and the Citizens Committee For The Right To Keep And Bear Arms supporting.

Both cases pushed back against the regulation requirements of the NFA and named Acting Attorney General Todd Blanche, the U.S Justice Department, and ATF Director Robert Cekada as defendants.

What are you grabbing first? Let us know in the comments below. Want to get a jump start on shopping? Check out our articles on the Best AR Suppressors, Best Rimfire Suppressors, and Best Handgun Suppressors.

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Written By

Jacki Billings

Jacki Billings

Editor-in-Chief

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Jacki Billings delved into the world of guns while earning her black belt in Yongmudo. Armed with a degree in journalism, she’s penned thousands of articles for the gun industry. She’s passionate about self-defense and first aid and sharing what works (and what doesn’t) with readers. Jacki currently serves as Pew Pew Tactical's Editor-in-Chief directing coverage and managing the content and video teams as well as fact checking all articles.

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Conversation

10 Comments

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  • The ATF basically saw no way out of enforcing a complicated quilt of overlapping issues and has thrown in the towel. AS PROMISED, this administration DID protect our rights and IS making things 2A friendly.

    This opened up a huge door of opportunity for many of us across America. While state laws aren't rescinded, seeing what required a NFA stamp to purchase now become a stocked item in a gun store or department you can NICS, pay, and leave with is a major victory for us.

    There are a few small glitches here and there - if its an SBR, stamped or not, the court decision didn't affect transport across state lines, therefore the Form 20 is still required. However - don't throw your brace away yet - it still returns it to pistol status and that sidesteps the issue. Items like these and other "issues" are being resolved by the ATF and will be released in the near future. And, each state has its particular local conditions so you have to know your state law to remain in compliance.

    For those who were demanding we should believe this would never happen, or, that the 'next administration' gets its turn to revoke it all, just stop, and consider that line of thought is part of the problem, not the solution. As for PPT here - expect a lot more interesting range tests of things YOU CAN BUY instead of jumping thru hoops.
    ...

    • Joe

      Being concerned about what happens with the next administration or the next time the ATF changes their mind isn’t part of the problem, it’s looking at the big picture and what this ACTUALLY means for our rights, rather than falling for a (likely temporary) reprieve that JUST SO HAPPENS to come right before the midterms.

      This is another instance of the ATF pretending it can unilaterally invent or change the law however the White House wants it to. Just because this is more favorable to us FOR NOW because they’re desperately trying to encourage votes to stay in power doesn’t change that.

      What we needed was an ACTUAL repeal of the NFA. From Congress, or the Supreme Court striking it down as unconstitutional, because that would stick. The ATF deciding not to enforce it while still keeping it on the books doesn’t, and has probably torpedoed any chance of the SC taking up cases to overturn the NFA.

      Enjoy it while it lasts. Because it’s probably not going to, and a lot of people will probably end up facing a choice down the road: register any SBR, SBS, or suppressor they got during this reprieve, or become a felon.
      ...

      • tirod

        Didn't take long for a naysayer to pop up and tell us enjoy it as long as we can. So, looking back at the last 50 years since I could buy firearms, its so much better now than then, along with CCW nearly nationwide, all I can say is the long term demonstrates a much different reality.

        I have no issue with pointing out the NFA does need to go away - it was originally an anti handgun law that couldn't pass but still monkeyed with our rights. The real issue isn't the ATF - they enforce what Congress chartered them to do. The real cause of our problem Is CONGRESS ITSELF. And the biggest issue in our view are the reelected for life legislatures who get a vote from their districts without a thought about what they really do.

        Instead of bouncing around the internet in a shroud proclaiming the imminent demise of our rights, how about bring the heat to the people we elected to administer the regulations fairly. Just logging in to argue that no, its not good news doesn't contribute anything to the long term solution. And with the number of actual paid organizations who operate out of bot farms now, I don't believe a Negative Nancy actually exists among the thousands of bad news posters online. To quote our President, you're Fake News.
        ...

        • Joe

          Typical MAGA. Anything that disagrees with your worldview isn’t real, the goalposts keep moving, everything is always someone else’s fault, and you’ve bought into the propaganda that your Glorious Leader actually cares about your (or anyone’s) rights.
          ...
  • Surprise surprise surprise, no appeal occurred, the injunction is now in affect. Much of this hinges on if you are named in the decision - which includes FUTURE GOA members. I suspect that a few million will sign up. It doesn't strike down any state laws, and as for a firearm by brand name, only seems to include PSA owners. I can see a lot of stripped lowers selling very soon, along with more suits to clarify why its not nationwide under other pre existing Constitutional decisions. Don't get in a rush, folks, this roller coaster is known to have come off the tracks in the past- I have a brace not installed and a carbine buffer tube sitting in the parts bin yet. Im not alone - but sign up with the GOA anyway. They did what no expensive suit at the NRA did.
    ...

    • Paul Scarce

      That is the likely reason the DOJ didn't appeal, to head off a nationwide decision.
      ...
  • I understand Brandon Herrera & Silencer Shop transferred a silencer with a form 4473 without any NFA forms at 1201 A.M. 13 Aug. 2026. I believe Brandon is a member of Silencer Shop.
    ...

    • Jacki Billings

      He did but I would caution anyone else from doing so until the ATF gives formal guidance. You don't want the feds knocking on your door, lol.
      ...

      • Art

        Joe is correct. The statute may be gone but the original NFA laws are still very much alive and well. Justice said recently in a Texas filing that they CAN and WILL enforce NFA provisions "at their discretion." Don't break out the champagne just yet.
        ...

      • tirod

        Guidance delivered, many non ban states are now becoming completely exempt from the ATF regs on items in that suit. State laws remain, but its a major defeat for defenders of the '34 NFA.
        ...