NSSF Urges All Firearm Industry Members and Public to Read ATF Open Letter NFA Guidance

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) posted new guidance and Frequently Asked Questions (FAQs) detailing National Firearms Act (NFA) making and transfer requirements for certain firearms and devices. The information was published as an open letter to all federal firearms licensees (FFLs) and the public by ATF Director Robert Cekada.

The guidance details procedures for NFA items that are taxed at $0 pursuant to the One Big Beautiful Bill signed by President Donald Trump last year, including short-barreled rifles (SBSs), short-barreled shotguns (SBSs), silencers (or suppressors) and “any other weapons” (AOWs). The guidance stems from Silencer Shop v. ATF, the case where a federal judge enjoined ATF from enforcing certain NFA provisions, including requirements to make, transfer and register NFA items.

Effective Oct. 9, 2026, ATF will no longer require individuals to seek ATF approval under the NFA before making or transferring SBRs, SBSs, silencers (or suppressors) and AOWs. Additionally, ATF will no longer require these items to be registered in the National Firearms Registration and Transfer Record (NFRTR). These policies uniformly apply to anyone otherwise subject to these requirements, not just the plaintiffs in Silencer Shop v. ATF.

ATF will continue to administer the NFA on a voluntary basis and will accept Form 1 applications to make or register these items by manufacturers. ATF will also accept Form 3 and Form 4 applications to transfer or register such items. Manufacturers are allowed to report the manufacture of these items on Form 2.

ATF warns there are five limits of this change of enforcement policy, including; (1) NFA still imposes special (occupational) taxes (SOT) on any person engaged in the business of manufacturing, importing or dealing in all NFA firearms and devices; (2) the injunction does not apply to NFA’s machinegun and destructive devices. The One Big Beautiful Bill did not reduce that $200 tax and that requirement remains; (3) the Court did not enjoin any provision of the Gun Control Act (GCA), and SBRs, SBSs, silencers (or suppressors) and AOWs are barred from possession by prohibited persons and background check and record-keeping requirements still apply; (4) the Court did not enjoin GCA restrictions on the transportation and sale of SBRs and SBSs. Individuals transporting SBRs and SBSs should continue to file Form 20s, even if the firearms are not registered in the NFRTR. ATF is working on updating new regulations to authorize FFLs to transfer SBRs and SBSs under the GCA as quickly as possible; (5) state and local laws governing NFA items are not affected by the Court’s injunction. Most states have general criminal prohibitions on the possession of some NFA items and some have exceptions for NFA items possessed in compliance with federal law.

ATF is urging caution when individuals transport NFA items through states in which NFA items are prohibited by law, as it is unclear whether state courts will apply safe harbor created by federal law.