On Friday, October 9, 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Department of Justice released an open letter to all federal firearms licensees, permittees, and the public titled "Update to the National Firearms Act (NFA) Transfer Guidance," along with a set of FAQs. The guidance follows the federal court ruling in Silencer Shop Foundation v. ATF and the companion Jensen case, which enjoined NFA registration and approval requirements for items whose federal making and transfer tax Congress reduced to $0.
What changed
Effective October 9, 2026, ATF says it will stop enforcing several NFA provisions as applied only to short-barreled rifles (SBRs), short-barreled shotguns (SBSs), suppressors (silencers), and "any other weapons" (AOWs). According to the FAQ, that includes:
- The requirement to apply for and receive prior approval to make or transfer these items
- The requirement to register them in the National Firearms Registration and Transfer Record
- The 24-hour registration requirement for those engaged in the business who make them
- The NFA marking requirement for these items
- Most prohibitions on making, receiving, transferring, and possessing unregistered items in these categories, and the NFA ban on transporting them unregistered in interstate commerce (26 U.S.C. 5861(j))
The prohibitions on possessing firearms with obliterated serial numbers or illegally imported firearms still apply. ATF says the policy applies to everyone, not only the parties covered by the court's injunction.
What did not change
Machine guns and destructive devices are not covered. The $200 tax and the full NFA requirements remain in place for those items.
Licensed dealers must still complete Form 4473, run NICS background checks, keep records, and follow all other Gun Control Act (GCA) requirements. Businesses engaged in NFA work must still pay any special occupational tax.
The guidance does not override state or local law. Several states ban some or all of these items, and others require NFA registration. Because of that, ATF says it will keep processing NFA applications that are submitted.
SBRs and SBSs: two GCA points to watch
The GCA separately requires ATF approval before an individual transports an SBR or SBS across state lines (18 U.S.C. 922(a)(4)). ATF says that requirement still applies, and approval can be requested on Form 20 whether or not the item is registered. This GCA rule does not cover suppressors or AOWs.
The GCA also bars licensees from selling or delivering an SBR or SBS unless specifically authorized (18 U.S.C. 922(b)(4)). The NFA process used to satisfy that requirement. ATF says no non-NFA authorization process exists yet, that it is drafting forms and regulations, and that it will not enforce 922(b)(4) until those regulations are in place. Transfers to state and local government agencies for official use fall under a separate GCA exception.
What licensees should do now
- Read the ATF open letter and FAQ in full, not just summaries
- Check your state and local laws before changing any transfer practice
- Keep 4473, NICS, and recordkeeping procedures unchanged
- Watch for ATF's upcoming forms and regulations on SBR and SBS transfers
This post is a summary for general information, not legal advice. Source: ATF press releases and open letters (atf.gov).
