Michigan State Police Legal Update No. 173: What the October 2026 Guidance Means for SBRs, SBSs, Suppressors, AOWs, and Gun Owners
In October 2026, the Michigan State Police (MSP) Legal Resources and Education Section issued Legal Update No. 173, titled “Short-Barreled Shotguns and Short-Barreled Rifles in Michigan.” The document responds to a wave of inquiries from officers and others following the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) October 9, 2026 Open Letter. That federal guidance, issued after litigation including the Silencer Shop Foundation v. ATF case in the Northern District of Texas and Congress’s reduction of the National Firearms Act (NFA) making and transfer tax to zero for certain items, announced that ATF would no longer enforce prior-approval, registration, or related NFA requirements for short-barreled rifles (SBRs), short-barreled shotguns (SBSs), suppressors (silencers), and certain “any other weapons” (AOWs).
Legal Update No. 173 makes clear that these federal enforcement policy changes do not alter Michigan state law. For gun owners—including members of organizations such as Gun Owners of America (GOA), which has been active in NFA-related litigation and celebrated the federal guidance—the update serves as a critical reminder that state statutes continue to create independent criminal exposure, registration requirements, documentation burdens, and forfeiture risks. This article explains the full content and practical effects of Legal Update No. 173, places it in the context of related Michigan laws governing suppressors and AOWs, and discusses the implications for law-abiding gun owners and GOA members.
Background: Federal Changes and the Trigger for Update 173
The One Big Beautiful Bill Act (signed in 2025) reduced the NFA making and transfer tax to $0 for suppressors, SBRs, SBSs, and AOWs effective for relevant calendar quarters beginning in 2026, while leaving the $200 tax in place for machine guns and destructive devices. In August 2026, a federal district court in Texas enjoined certain NFA enforcement actions against covered parties. On October 9, 2026, ATF Director Robert Cekada issued an Open Letter to all federal firearms licensees and the public extending a nationwide non-enforcement policy. Under the guidance, ATF will not require individuals to seek ATF approval under the NFA before making or transferring the covered items, nor will it enforce NFA registration or related requirements for them. Forms 1, 3, and 4 remain available on a voluntary basis. ATF explicitly stated that the guidance does not supersede state or local laws and that Form 20 requirements for interstate transport of SBRs and SBSs remain in effect under the Gun Control Act.
MSP Legal Update No. 173 notes that the agency received multiple inquiries about how these developments interact with Michigan’s statutes on SBSs and SBRs. The update emphasizes that it addresses only the potential application of Michigan law, does not interpret federal law or the NFA, and does not constitute an advisory opinion on whether any specific firearm is “lawfully made, manufactured, transferred, or possessed under federal law.” Individuals with personal questions are directed to private counsel; officers are told to consult local prosecutors before applying the information in the field.
Michigan Law on SBRs and SBSs Under MCL 750.224b
Michigan’s primary statute on this topic is MCL 750.224b. Subsection (1) generally makes it a felony for a person to make, manufacture, transfer, or possess a short-barreled shotgun or short-barreled rifle, as those terms are defined in MCL 750.222(i) and (k). The maximum penalty is up to five years imprisonment, a fine of up to $2,500, or both. Exemptions exist for certain persons under MCL 750.231 and for items that qualify under the federal-law exception.
The key exception appears in MCL 750.224b(3): the felony prohibition “does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law.” Legal Update No. 173 stresses that this is an affirmative defense. Under MCL 750.224b(7), which incorporates the burden-shifting rules of MCL 776.20, the defendant—not the prosecution or investigating officers—bears the burden of establishing that the item was lawfully made, manufactured, transferred, or possessed under federal law. In any prosecution, the state does not have to prove the absence of federal compliance; the accused must affirmatively show it.
This structure has practical consequences. Even after ATF’s October 9 non-enforcement policy, a Michigan prosecutor can still charge under MCL 750.224b(1). The defendant must then prove that the item meets the federal exception. Because the ATF policy is an exercise of enforcement discretion rather than a repeal of the underlying NFA statutes, the precise meaning of “lawfully… under federal law” remains open to argument in Michigan courts. MSP’s update explicitly states that the federal guidance “does not affect state or local laws that govern NFA weapons” and that “nothing has really changed in the application of Michigan law.”
Additional State Requirements Even When the Federal Exception Applies
Legal Update No. 173 details further requirements that apply even if an owner can satisfy the federal exemption:
• For an SBS or SBR that is 26 inches or less in overall length, the person (excluding a manufacturer) must still comply with Michigan’s pistol registration requirements under MCL 28.422 or MCL 28.422a. This is mandated by MCL 750.224b(4). Michigan treats certain short firearms as pistols for registration purposes, creating an independent state paperwork obligation that is not eliminated by federal non-enforcement.
• For an SBS or SBR greater than 26 inches in overall length, MCL 750.224b(5) requires the possessor to carry a copy of the “federal registration” of that item while transporting or using it and to present that registration to a peace officer upon request. Failure to do so is a state civil infraction punishable by a fine of not more than $100 under MCL 750.224b(6).
More significantly, the same subsection authorizes immediate seizure of the firearm by a Michigan peace officer if the person fails to possess or produce the federal registration copy. Once seized, the owner has 45 days to display the federal registration to an authorized employee of the seizing agency. If the owner does so within that period and is not otherwise prohibited from possessing firearms, the agency must return the item. If the owner does not display the registration within 45 days, the SBS or SBR becomes subject to seizure and forfeiture under the procedures of MCL 600.4701 to 600.4709 of the Revised Judicature Act.
The update draws an analogy to Michigan’s concealed pistol licensing rules: a resident of a constitutional-carry state who does not need a permit at home must still generally possess a valid out-of-state concealed pistol license to carry a concealed handgun in Michigan under MCL 750.227(2). Similarly, federal non-enforcement does not eliminate Michigan’s documentation and presentation requirements for longer SBRs and SBSs.
Suppressors and AOWs: Related but Distinct State Treatment
Legal Update No. 173 focuses specifically on SBRs and SBSs under MCL 750.224b. It does not directly analyze suppressors or AOWs. However, the same federal ATF Open Letter covers all four categories, and Michigan maintains parallel restrictions on suppressors that create comparable risks.
Suppressors (referred to in statute as “mufflers or silencers”) are prohibited under MCL 750.224(1)(b). A violation is a felony punishable by up to five years imprisonment, a fine of up to $2,500, or both. Subsection (3)(c) provides an exception for “a person licensed by the secretary of the treasury of the United States or the secretary’s delegate to manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance described in subsection (1).” Michigan Attorney General Opinion No. 7260 (2011) interpreted this exception to permit possession, manufacture, or sale of a firearm silencer if the person is licensed or approved to possess, manufacture, or sell such a device by the ATF.
Post-October 9, 2026, the application of this exception is unsettled. The traditional “approval” consisted of an approved Form 1 or Form 4. ATF’s non-enforcement policy means the agency will not require such approval and will not enforce registration. Whether a suppressor transferred solely on a Form 4473 (with NICS check) satisfies the “licensed or approved by ATF” language in MCL 750.224(3)(c) and OAG 7260 has not been resolved by a Michigan court or a new attorney general opinion. Many analyses and dealer practices treat voluntary registration as the safer path to preserve the state-law exception. Unregistered possession remains potentially chargeable as a state felony regardless of federal enforcement discretion.
AOWs under the federal definition in 26 U.S.C. § 5845(e) are not the subject of a dedicated Michigan prohibition identical to MCL 750.224b or the silencer ban in MCL 750.224. Depending on their physical characteristics, they may fall under other Michigan weapons statutes or be treated as ordinary firearms subject to standard purchase and possession rules. The practical effect of the ATF Open Letter is that federal registration is no longer enforced, but owners must still ensure the item does not independently violate Michigan’s definitions of short-barreled firearms, silencers, or other prohibited devices.
Effects on Members of Gun Owners of America and the Broader 2A Community
GOA has been prominent in challenging NFA registration requirements. The organization publicly described the ATF’s October 9 guidance as a major win stemming from its litigation efforts and the broader legal environment created by the zeroed tax and court rulings. For GOA members nationwide, the federal non-enforcement policy reduces the risk of federal prosecution for making, transferring, or possessing unregistered SBRs, SBSs, suppressors, and AOWs (subject to the remaining GCA rules, Form 20 interstate transport requirements for certain items, and the possibility that future administrations could reverse the enforcement policy).
In Michigan, however, GOA members and other gun owners face a dual regulatory system. Federal non-enforcement does not immunize them from state charges. An owner who acquires an SBR or SBS solely through a Form 4473 process, without voluntary federal registration, may still be charged under MCL 750.224b. The burden of proving the federal exception falls on the defendant. For items over 26 inches, the owner risks a civil infraction, immediate seizure, and a 45-day clock that can lead to forfeiture if the federal registration document cannot be produced. For suppressors, reliance on the MCL 750.224(3)(c) exception without documented ATF approval carries felony exposure under current interpretations.
This creates a documentation and compliance trap. Even owners who previously obtained full NFA approvals retain value in those documents for state-law purposes. New acquisitions or builds without voluntary registration introduce uncertainty. GOA members who travel with these items, or who live near state lines, must also account for neighboring states’ laws, some of which similarly condition legality on federal compliance.
The update underscores why state legislative action remains essential. Michigan lawmakers have introduced measures—including House Bills 6284 and 6285 (sponsored by Reps. Mike Hoadley and James DeSana) and related Senate bills—to repeal or eliminate the standalone criminal prohibitions on SBRs, SBSs, and suppressors. These bills would remove the relevant definitions, strike the silencer ban from MCL 750.224, and fully repeal MCL 750.224b. As of late October 2026, the bills had been introduced and referred to committee but had not advanced to passage. Until such legislation becomes law, the statutes analyzed in Legal Update No. 173 remain in force.
Practical Considerations and Ongoing Uncertainty
Legal Update No. 173 is informational guidance for officers, not binding legal advice or a judicial ruling. It accurately restates the text of MCL 750.224b and highlights the burden-shifting, pistol-registration, documentation, seizure, and forfeiture provisions. It also correctly notes that ATF’s Open Letter does not change state law. Gun owners should treat the update as confirmation that Michigan enforcement agencies are prepared to apply the existing statutes as written.
Key practical points include:
• Voluntary federal registration (Form 1 or Form 4) remains available at $0 tax and continues to provide the clearest documentation that an item was “lawfully… under federal law” for Michigan purposes.
• For SBRs or SBSs 26 inches or shorter, Michigan pistol registration is an independent requirement.
• For longer items, carrying a copy of any federal registration and being prepared to present it avoids the civil infraction, seizure, and 45-day forfeiture risk.
• Suppressors present an additional layer of uncertainty because of the wording of MCL 750.224 and OAG 7260; many recommend documented federal approval.
• Interstate transport of SBRs and SBSs still requires attention to Form 20 under federal law, regardless of registration status.
• Machine guns and destructive devices remain fully subject to the NFA, including the $200 tax and registration requirements.
The situation remains fluid. Future court decisions, a new Michigan attorney general opinion, or passage of the pending repeal bills could change the analysis. Federal enforcement policy could also be modified by subsequent administrations. In the meantime, Legal Update No. 173 provides the clearest official statement of how Michigan State Police view the interaction between state statutes and the October 2026 federal guidance.
For Michigan gun owners and GOA members, the federal non-enforcement policy is a meaningful reduction in one layer of risk, but it does not eliminate the state’s independent prohibitions, affirmative-defense burdens, or documentation requirements. Compliance with Michigan law as currently written—or legislative reform to align state statutes with the Second Amendment and the changed federal landscape—remains the surest path to avoiding felony exposure, civil infractions, and potential forfeiture of lawfully owned firearms.
Key Points from Legal Update No. 173
• General state prohibition: Under MCL 750.224b(1), it is generally a felony to make, manufacture, transfer, or possess an SBS or SBR (as defined in MCL 750.222(i) and (k)), unless an exemption applies (including under MCL 750.231 or the federal-law exception).
• Federal exemption: MCL 750.224b(3) provides that the prohibition “does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law.” However, MCL 750.224b(7) (incorporating MCL 776.20) places the burden of establishing this exemption on the defendant—not the prosecution or officers.
• Additional Michigan requirements even if federally lawful:
• For an SBS/SBR that is 26 inches or less in overall length: The owner (excluding a manufacturer) must still comply with Michigan’s pistol registration requirements under MCL 28.422 or MCL 28.422a (per MCL 750.224b(4)).
• For an SBS/SBR greater than 26 inches in overall length: MCL 750.224b(5) requires the person to possess a copy of the “federal registration” while transporting or using it and to present it to a peace officer upon request.
• Penalties and enforcement for >26” items:
• Failure to possess or present the federal registration is a state civil infraction punishable by a fine of up to $100 (MCL 750.224b(6)).
• The firearm is subject to immediate seizure by a Michigan peace officer. The person then has 45 days to display the federal registration to an authorized employee of the seizing agency (or it is subject to forfeiture under the Revised Judicature Act procedures in MCL 600.4701–600.4709). If shown within the period (and the person is not otherwise prohibited from possessing firearms), it must be returned.
MSP emphasizes that the ATF’s non-enforcement policy and related court developments do not alter Michigan’s statutes. Owners must still meet these state conditions (similar to how someone from a constitutional-carry state generally still needs a valid out-of-state CPL to carry a concealed pistol in Michigan under MCL 750.227(2)). The update references the earlier MSP Legal Update No. 106 (2014), which described the 2014 PA 63 amendments that created the federal-law exception.
This article is for informational purposes only and does not constitute legal advice. Readers should consult qualified counsel familiar with Michigan firearms law before making, acquiring, transporting, or possessing any NFA-regulated item. Official sources include the full text of MSP Legal Update No. 173, MCL 750.224b, MCL 750.224, ATF’s October 9, 2026 Open Letter and FAQs, and Michigan Attorney General Opinion No. 7260.