10/10/2026
FYSA - Legal/Regulatory
(2A)
Nationwide on October 9th; The Bureau of Alcohol, To***co, Fi****ms and Explosives (ATF) released an Open Letter and Frequently Asked Questions stating it will not enforce National Fi****ms Act (NFA) requirements for individuals to apply and receive prior ATF approval before making or transferring short-barreled ri**es, short-barreled sh****ns, suppressors, and certain other concealable fi****ms known as any other weapons, nor the related registration or tax-stamp requirements for those items. This follows Attorney General Todd Blanche's announcement that the Department of Justice will not appeal the August 5, 2026 decision by U.S. District Judge James Hendrix in the Northern District of Texas in Silencer Shop Foundation v. ATF, No. 6:25-cv-056, which enjoined certain NFA provisions only for the plaintiffs after Congress eliminated the making and transfer taxes for these items in the One Big Beautiful Bill. ATF Director Rob Cekada said the guidance applies nationwide through enforcement discretion to ensure uniformity rather than a patchwork limited to the injunction. The $200 tax and full NFA requirements remain in place for machine guns and destructive devices. Licensed dealers must still complete Form 4473s, run NICS background checks, and maintain records under the Gun Control Act, and Form 20 approval is still required for interstate transportation of short-barreled ri**es and sh****ns. The guidance does not supersede state or local laws, with approximately 15 states continuing to require the federal NFA process, and ATF will continue to process voluntary NFA applications.
The change removes federal wait times and costs for these items for law-abiding citizens in most jurisdictions while preserving background checks, full regulation of more restricted NFA weapons, and all state restrictions. Citizens should confirm applicable state laws before acquiring, possessing, or transporting these items, as federal non-enforcement does n