ATF's October 9, 2026 open letter says the Justice Department "has determined to exercise its enforcement discretion." That is a policy choice, not a change in the law. Congress has not removed suppressors, short-barreled rifles and shotguns, or "any other weapons" from the National Firearms Act (NFA). The Justice Department can undo it on its own, at any time, without a new law or a court ruling.
Read the full notice
What changed. A federal trial court in Texas ruled in Silencer Shop Foundation v. ATF. Congress had cut the National Firearms Act (NFA) tax to $0 for suppressors, short-barreled rifles, short-barreled shotguns and "any other weapons." The court held that, after that cut, the NFA's approval and registration rules for these items were no longer valid. It ordered ATF to stop enforcing those rules, but only for the people and groups who brought the case and certain others the court specified. ATF's October 9 open letter said the Justice Department had decided, as a matter of enforcement discretion, to stop enforcing these rules for everyone. That is why we now transfer these items on a Form 4473 with a background check, the same way as other firearms. Congress has not removed them from the NFA. Short-barreled rifles and shotguns face one more rule. A separate federal law, the Gun Control Act, limits dealer sales of them, and the court did not change that law. ATF says it will not enforce that limit for now, while it writes new regulations. That is also a choice that could be reversed.
How it could change. Enforcement discretion does not repeal or rewrite any law. ATF's own guidance says enforcement could resume if the legal or factual situation changes in a significant way. ATF gives three examples. Congress could put a tax back on these items. The court's order could be lifted or overturned. The Justice Department could withdraw its guidance. It does not need Congress or a court to do that. Leaders at the Justice Department, which oversees ATF, can change at any time, including after the 2028 presidential election. The Congress chosen in the 2026 midterm elections could also add a tax. The ruling came from one federal trial court. ATF says such orders generally do not bind other federal or state courts. Those courts could reach different conclusions. No one can say if or when any of this will happen.
What happens to unregistered items. Today there is no amnesty and no grandfather clause. ATF's guidance says that if enforcement returns, items made or bought without registration during this period would not automatically be exempt. ATF's guidance also says that once enforcement resumes, federal law generally does not allow late registration. The narrow exceptions are up to the Attorney General, such as an amnesty of up to 90 days. The Attorney General does not have to offer an amnesty or any other relief. If enforcement resumes, having, making or transferring an unregistered item could again be a federal felony under the NFA, and the item could be seized. If you might want an item registered, the easiest time is when you buy or make it. We want you to know this before you decide how to buy.
If you want to register. ATF says it will keep registering these items for anyone who chooses to. The tax is $0. Wyoming residents can file the Form 4 with us here in Powell. In other states, we send the item to your FFL/SOT dealer on a tax-free Form 3, and your dealer files the Form 4. A Form 4 needs your fingerprints and a photo. You take the item home once ATF approves it.
What has not changed. Machine guns and destructive devices still go through the full NFA process. Federal age, background check and recordkeeping rules still apply. State and local laws still apply too, and we can only transfer these items where your state allows them. Many states allow NFA items only if they are federally registered or kept in line with federal law. In those states, the item goes to your dealer on a tax-free Form 3 first and is registered to you on a Form 4. Each item's page lists those states. Even without federal enforcement, an unregistered item may be illegal under state or local law, including in a state you travel through. A federal "safe passage" law protects gun owners passing through a state with stricter gun laws, under certain conditions. ATF says it is unclear whether state courts will apply that law to unregistered NFA items. Use caution before carrying one through a state that bans it. If you take a short-barreled rifle or shotgun across state lines, the Gun Control Act still requires ATF approval first. ATF says to keep filing a Form 20 for this, even if the gun is not registered.
This notice reflects ATF's letter and published guidance as of October 11, 2026. It is general information, not legal advice. For questions about an order or how we transfer an item, call or email us. For advice on your own situation, talk with a firearms attorney.