The Bureau of Alcohol, Tobacco, Firearms and Explosives published guidance on October 9, 2026, that changes how the agency will treat four categories of National Firearms Act items. Effective that day, ATF will not enforce the NFA’s prior-approval, registration, and tax-stamp requirements for short-barreled rifles, short-barreled shotguns, suppressors, and “any other weapons.” The change is nationwide. It is an exercise of enforcement discretion, not a repeal of the statute, and it leaves machine guns, destructive devices, the Gun Control Act, the special occupational tax, and state law in place.
What ATF Announced
In a headquarters press release dated October 9, 2026, ATF said it had released an open letter and a frequently asked questions page explaining how it will treat ownership, transfer, and transportation of the NFA firearms for which Congress eliminated the making and transfer taxes in the One Big Beautiful Bill Act, Public Law 119-21.
Director Robert Cekada put the agency’s posture in one sentence: “The direction from the President, Congress, and the courts is clear. 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.”
The operative rule in the press release is direct. ATF will not enforce the requirement that individuals apply for and receive ATF approval before making or transferring short-barreled rifles, short-barreled shotguns, suppressors, and the concealable firearms the statute calls “any other weapons.” ATF also will not enforce the NFA’s registration, tax-stamp, or related requirements for those items. The $200 making and transfer tax, and the rest of the NFA, remain in force for machine guns and destructive devices. The guidance does not override state or local law. Because many states still key their own rules to federal registration, ATF will keep processing applications that people choose to file. Interstate transportation of short-barreled rifles and short-barreled shotguns still requires a Form 20 under the Gun Control Act, registered or not. Dealers must still complete Form 4473s, run NICS checks, keep records, and pay any special occupational tax that applies to the business.
The open letter, signed digitally by Cekada at 11:11 a.m. on October 9, is addressed to all federal firearms licensees and the public. It is the document that sets the effective date and the five limits of the new policy.
How The Guidance Came About
Congress reduced the making and transfer taxes on short-barreled rifles, short-barreled shotguns, silencers, and any other weapons to zero in the One Big Beautiful Bill Act. The $200 tax on machine guns and destructive devices was left alone. That change reopened a question the Supreme Court had answered in 1937, when it upheld the National Firearms Act as a tax statute. A registration system that exists to collect a tax is harder to defend once the tax no longer raises revenue.
On August 5, 2026, Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas enjoined ATF from enforcing core NFA provisions against the plaintiffs in Silencer Shop Foundation v. ATF, No. 6:25-cv-056. The open letter cites the decision as 2026 WL 2255460, effective August 12, 2026. The court held that, once the tax was reduced to zero, the registration and transfer rules were no longer an exercise of Congress’s taxing power as applied to those firearms. It also rejected the argument that the same provisions could be saved under the Commerce Clause, because Congress did not rely on that power when it passed the NFA in 1934.
The injunction covered the requirements to approve making and transfer, the duty to register, and the associated criminal provisions for making, transferring, receiving, or possessing unregistered NFA firearms, but only as applied to the zero-tax items, and only as to the plaintiffs and other specified persons. A related case, Jensen v. ATF, was part of the same litigation. The Department of Justice later decided not to appeal. Attorney General Todd Blanche then announced that the Department would use its enforcement discretion so the same treatment would apply to everyone, not only to the parties covered by the injunction. Forty-seven members of the House and Senate had asked for that nationwide application. The open letter says the party-limited order produced inequity and disuniformity, and that the October 9 policy is meant to close that gap.
That distinction matters. The statute is still on the books. A future Congress could restore a tax. A future administration could withdraw the discretion policy. A court could narrow or dissolve the injunction. What changed on October 9 is what ATF will enforce, and against whom.
The Provisions The ATF Will Not Enforce
The frequently asked questions page answers the national-application question with a yes, then lists the provisions ATF will cease enforcing on October 9, 2026, and only as applied to short-barreled rifles, short-barreled shotguns, silencers, and any other weapons as defined in 26 U.S.C. § 5845(e).
Those provisions are:
• The requirement to apply for and obtain prior approval to make an NFA firearm.
• The requirement that a person engaged in the business register an NFA firearm within 24 hours of making it.
• The requirement to apply for and obtain prior approval to transfer an NFA firearm.
• The requirement to register the firearm in the National Firearms Registration and Transfer Record.
• The prohibitions on making, receiving, transferring, and possessing unregistered NFA firearms, other than 26 U.S.C. § 5861(h) and § 5861(k), which still forbid possession of a firearm with an obliterated serial number and possession of an illegally imported firearm.
• The prohibition in 26 U.S.C. § 5861(j) on transporting an unregistered NFA firearm in interstate commerce.
• The NFA marking requirement.
• Any other NFA provision specifically enjoined by the district court’s judgment.
The FAQ states that this nonenforcement extends only to firearms on which Congress eliminated the making and transfer taxes. The open letter states the same rule in operational language: effective October 9, 2026, ATF will no longer require individuals to seek NFA approval before making or transferring those four categories, and will no longer require them to be registered in the National Firearms Registration and Transfer Record. The policy applies to anyone otherwise subject to the requirements, not only to the plaintiffs.
Suppressors
For silencers, the practical result is the cleanest of the four categories. An individual no longer needs an approved Form 1 to make one, or an approved Form 4 to receive one, as a matter of ATF enforcement. A dealer transferring a silencer to an unlicensed buyer still treats it as a firearm under the Gun Control Act. That means a Form 4473, a NICS check unless an exemption applies, the residency rules that govern ordinary dealer transfers, and the prohibition on transferring to a person the dealer knows, or has reasonable cause to believe, is prohibited. Dealer-to-dealer interstate shipments no longer require a Form 3, though a Form 3 may still be filed if the parties want the item on the registry. A manufacturer that receives an unregistered silencer for repair may ship it back across state lines. ATF has said it will not treat that return shipment as a violation of § 5861(j).
The NFA marking rule will not be enforced for these items. A person engaged in the business of manufacturing them still needs the proper manufacturer’s license under the Gun Control Act and must serialize under that statute. Coverage of the FAQ has also noted that a silencer manufacturer in business before November 20, 2026, remains subject to State Department registration under the International Traffic in Arms Regulations. Unlicensed individuals may make or transfer a silencer without a Form 1, but they still may not engage in the business, transfer across state lines, or transfer to a prohibited person.
Interstate travel with an unregistered silencer is treated differently from travel with an unregistered short-barreled rifle. ATF will not enforce the NFA’s interstate-transport ban, § 5861(j), against an unregistered silencer. There is no Form 20 requirement for a silencer under the Gun Control Act provisions that apply to short-barreled rifles and shotguns. State lines are still a legal problem if the destination or a state along the route bans the item.
Short-Barreled Rifles (SBRs)
A short-barreled rifle is a rifle with a barrel under 16 inches, or an overall length under 26 inches, or a weapon made from a rifle that falls under those dimensions. Under the October 9 policy, ATF will not require prior approval to make or transfer one, and will not require registration. An individual who shortens a barrel, or who builds a rifle that meets the statutory definition, is not facing ATF enforcement of the old Form 1 requirement. Possession of that unregistered rifle is likewise outside the NFA provisions ATF has said it will not enforce, again excepting obliterated serial numbers and illegal importation.
The Gun Control Act still singles out this category. Section 922(a)(4) restricts transportation of a short-barreled rifle in interstate commerce without approval. The open letter is explicit: individuals transporting short-barreled rifles should continue to file a Form 20, even if the firearm is not in the National Firearms Registration and Transfer Record. The press release says the same thing. Nonenforcement of § 5861(j) does not cancel the Form 20.
Section 922(b)(4) separately bars a licensee from selling or delivering a short-barreled rifle unless the Attorney General specifically authorizes it. For decades the approved Form 4 was that authorization. Judge Hendrix did not enjoin the Gun Control Act provision, and ATF says no separate non-NFA approval process exists yet. The bureau is writing forms and regulations to create one. Until those rules are in place, ATF will not enforce § 922(b)(4). Transfers to state and local governments for official use remain lawful under the government exception in 18 U.S.C. § 925(a), independent of that interim policy.
Short-Barreled Shotguns (SBSs)
Short-barreled shotguns follow the rifle rules, not the silencer rules. The definition is a shotgun with a barrel under 18 inches, or an overall length under 26 inches, or a weapon made from a shotgun that meets those dimensions. Making, transfer, registration, and the NFA possession bans are in the nonenforcement set. The Form 20 requirement for interstate transportation remains, because it sits in the Gun Control Act at § 922(a)(4), which the court did not enjoin and which ATF says it will keep enforcing. Licensee sales and deliveries are under the same § 922(b)(4) gap as short-barreled rifles: the statute still requires Attorney General authorization, no replacement process exists yet, and ATF will not enforce that subsection in the interim. Government transfers under § 925(a) are unaffected.
Anyone moving a short-barreled shotgun across a state line should file the Form 20 whether or not the gun was ever registered. That is the point the press release and the open letter both single out.
Any Other Weapons (AOWs)
“Any other weapon” is the statutory catch-all in 26 U.S.C. § 5845(e). It covers certain concealable firearms other than pistols and revolvers: smooth-bore pistols, certain pen guns, and similar devices the statute has long treated as NFA items. The press release describes them as “certain other concealable firearms known in the law as ‘any other weapons.’” The open letter uses the statutory cross-reference.
AOWs travel with silencers in the new guidance, not with short-barreled rifles. Prior approval and registration will not be enforced. A dealer transfer to an unlicensed buyer is a Form 4473 and NICS transaction. Interstate dealer transfers do not require a Form 3. ATF will not enforce § 5861(j) against interstate transportation of an unregistered AOW. There is no Form 20 analogue for this category under the provisions ATF highlighted for short-barreled rifles and shotguns. The Gun Control Act still applies in full: prohibited-person rules, records, and the ban on a licensee transferring in violation of state or local law.
What The Guidance Does Not Cover
Machine guns and destructive devices are outside the policy. The One Big Beautiful Bill Act kept the $200 tax on both. The open letter’s second limit says the injunction does not disturb the NFA as applied to them, and that all NFA provisions still apply. That means the Form 1 or Form 4, the tax, registration in the National Firearms Registration and Transfer Record, the possession bans, the marking rules, and the interstate rules. The Hughes Amendment’s ban on civilian transfer of machine guns made after May 19, 1986, is a Gun Control Act restriction and is untouched.
Two NFA possession bans survive even for the zero-tax items. Section 5861(h) still reaches firearms with obliterated serial numbers. Section 5861(k) still reaches illegally imported NFA firearms. The FAQ carves both out of the nonenforcement list.
The special occupational tax also survives. The open letter’s first limit says the NFA still imposes that tax on any person engaged in the business of manufacturing, importing, or dealing in NFA firearms, including the four zero-tax categories. The injunction did not reach those taxes. A dealer who is not an SOT cannot treat the new policy as permission to deal in suppressors, short-barreled firearms, or AOWs. The press release repeats the point: those engaged in the business must pay any special occupational tax that applies.
The Gun Control Act Still Governs The Transfer
The open letter’s third limit is the one dealers will live with every day. The court did not enjoin the Gun Control Act. The Act’s definition of “firearm” includes suppressors and extends to short-barreled rifles, short-barreled shotguns, and any other weapons. Because these items are firearms under 18 U.S.C. § 921(a)(3), prohibited persons may not possess them, and the recordkeeping and background-check rules remain. The open letter cites §§ 922(d), (g), (n), and (t), § 923(g), and 27 C.F.R. § 478.121 and following.
In practice, a licensed dealer transferring a silencer or an AOW to an unlicensed buyer completes the Form 4473, runs NICS unless an exemption applies, and keeps the record. The buyer must meet the residency rules that apply to an ordinary long-gun or handgun transfer, including the limited exceptions. No one may sell or deliver any of these items to a person he knows, or has reasonable cause to believe, is prohibited. Unlicensed people still may not engage in the business and still may not transfer across state lines.
Voluntary Registration, And How To Leave The Registry
ATF will keep administering the NFA for anyone who wants the paperwork. The open letter says the agency will accept Form 1 applications to make or register these items, Form 3 and Form 4 applications to transfer or register them, and Form 2 notices of manufacture. The press release gives the reason ATF expects many of those forms to keep arriving: state laws that still require registration.
The FAQ, as reported by outlets that reviewed it, also describes the exit ramp. A pending application can be withdrawn, and a registered item can be removed, by writing the NFA Division at NFAFAX@atf.gov. That is also the route a dealer uses to clear an item off NFA inventory after transferring it on a Form 4473. Removal is not free of consequence. ATF has warned that once an item is taken off the registry, it cannot be put back unless the Attorney General declares an amnesty. Federal law does not automatically grandfather an unregistered NFA firearm, and it does not generally allow late registration. Anyone sitting on an approved Form 1 or Form 4 should treat removal as a one-way door.
State Law Is The Remaining Hazard
The open letter’s fifth limit is the one that will decide whether the new federal policy is usable in a given town. Neither the injunction nor the enforcement policy affects state or local law. Most states have criminal prohibitions on some or all NFA items, and many of those statutes contain an exception for items possessed in compliance with, or registered under, federal law. ATF has said it cannot opine on whether an item held under the injunction, or under this discretion policy, counts as lawfully held or registered for those state statutes. Some states impose no extra controls, particularly on silencers. A minority ban most or all NFA items outright, and neither the court order nor ATF’s policy touches those bans.
The Gun Control Act still forbids a licensee from transferring a firearm in violation of state or local law, 18 U.S.C. § 922(b)(2). A willful violation can bring federal penalties and license revocation. The open letter tells dealers and individuals to consult local authorities or get legal advice before treating an unregistered item as lawful, and again before carrying one into or through another jurisdiction. It also flags 18 U.S.C. § 926A, the interstate safe-harbor provision. ATF says it is unclear whether state courts will apply that safe harbor to unregistered NFA items, and it tells travelers to use caution in states that ban the item even when the origin and destination do not.
Indiana does not impose a separate state NFA permit, and it generally allows suppressors, short-barreled rifles, short-barreled shotguns, and transferable machine guns. Hunting with a suppressor is permitted. Parts of the state code, including the machine-gun provisions, have historically tied legality to compliance with applicable federal statutes. That is exactly the kind of cross-reference the open letter warns about. Whether an unregistered suppressor or short-barreled rifle still satisfies an Indiana statute written against the old federal process is a question ATF has declined to answer, and it is a question worth putting to counsel before relying on the new policy inside the state. Nothing in the October 9 documents displaces a local ordinance.
The Risk That The Policy Is Reversed
The FAQ addresses the question owners will ask next: if the legal circumstances change, is an unregistered zero-tax firearm grandfathered, and will there be a chance to register it? The answer, as ATF and the covering reports describe it, is that federal law does not automatically grandfather these firearms and does not generally allow registration after the fact. The Attorney General can declare an amnesty of limited duration. That is a possibility, not a promise.
Three paths lead back to the old regime. Congress can restore a making or transfer tax, even a nominal one, and the taxing-power premise of the Hendrix injunction would be back in play. A court can dissolve or narrow the injunction. The Department can rescind the discretion policy. The October 9 documents are an enforcement posture. They are not a statutory repeal, and they are not a Second Amendment holding. Judge Hendrix rested the injunction on the tax power and on the way Congress wrote the NFA in 1934, not on the Second Amendment. Cases that do raise the Second Amendment directly are a separate track.
What Owners And Dealers Should Take From The Documents
For an individual in a state that allows the item, the federal paperwork burden for a suppressor or an AOW has been reduced to the Gun Control Act transaction at the counter: Form 4473, NICS, and the prohibited-person rules. Making one at home no longer draws ATF enforcement of the Form 1, provided the maker is not engaged in the business and does not obliterate a serial number or assemble an illegally imported item. Short-barreled rifles and shotguns follow the same making and possession rule, with the added Form 20 before any interstate trip, and with licensee transfers sitting in a temporary nonenforcement gap under § 922(b)(4).
For a dealer, the SOT is still the price of admission. Silencers and AOWs move on a Form 4473 to the customer and may move between licensees without a Form 3. Short-barreled rifles and shotguns can be transferred while ATF withholds enforcement of § 922(b)(4), but the bureau has said it is building a replacement authorization, and dealers who want a paper trail can still file the NFA forms. Every transfer still has to be lawful under the law of the buyer’s state. When that answer is unclear, the open letter’s instruction is to ask the state and local authorities or get advice, not to assume the federal policy answers the question.