The ATF has just issued new guidance regarding the recent changes to the NFA, and gun rights haven’t been this good since 1934.
We’ve seen a lot of things change regarding the NFA recently, and between all the legalese and ambiguity, it’s been hard for most folks to keep up with. We’re not lawyers, so it hasn’t been easy for us either, but we’ve done our best to stay abreast of the situation. And again, because we’re not lawyers, don’t take what you’re about to read as legal advice. That said, from our interpretation of the ATF’s recent guidance, the state of NFA regulations hasn’t been this good since before the act was passed in June of 1934.
So, what’s new?
Back in August, we reported on the first suppressor transfer taking place without NFA registration since the NFA was passed over 90 years ago. You can read more here, but the short version is that the One Big Beautiful Bill Act brought the tax placed on certain NFA items down from $200 to $0. Following that, multiple court battles challenged the legality of the NFA registration process for the items that were no longer being taxed. A Texas federal district court agreed with the challenge and issued a permanent injunction that protected against the enforcement of certain NFA regulations as they applied to the covered items and the plaintiffs involved in the case. The result was that the first suppressors were transferred without being registered since the NFA was enacted, and it took place with the ATF’s full awareness and without its objection.
Since then, many more such transfers have taken place. However, given the limited scope of the injunction, who it applied to, and other technicalities, there was much gray area and clarification was sorely needed. Now, as of October 9, that guidance from the ATF has arrived, and it brings us all some very good news.
Let’s break down what’s changed and what you need to know:
- The only NFA items affected are those that had their tax reduced to $0 by the Big Beautiful Bill Act. That includes silencers, short-barreled rifles, short-barreled shotguns, and any other weapons. It does not apply to machineguns or destructive devices.
- While the injunction previously only applied to individuals who were considered a plaintiff in one of the associated cases (such as members of the GOA), the ATF has decided to cease enforcement of certain NFA provisions nationwide starting today. In other words, if you’re federally allowed to own a gun, you can now also legally purchase, own, transfer, and (non-commercially) manufacture silencers, SBRs, SBSs, and AOWs without permission from or registration with the ATF.
However…
- State and local laws still apply. The ATF’s decision to cease enforcement applies on a federal level only. If you live in a place that outright prohibits certain NFA items, they are still illegal. If you live somewhere that requires their registration to be legal, you will still need to register them. On that note, the ATF is still accepting the relevant forms for registration on a voluntary basis. This is why you still need to check your local laws before you start sawing barrels or swapping braces for stocks.
- It should also be noted that the Gun Control Act of 1968 is still in effect. What that means is that while the ATF is no longer enforcing certain aspects the NFA, the rules of the GCA are still in place. In other words, silencers, SBRs, SBSs, and AOWs are still legally considered firearms, and all relevant laws still apply, such as the need to submit a 4473 when buying one from an FFL.
This information is coming from an open letter issued by Director of the ATF Robert Cekada and an Update to NFA Transfer Guidance FAQ from the ATF. We encourage you to read through both yourself, but here’s a snippet from the FAQ that highlights which provisions of the NFA will no longer be enforced:
The bullet pertaining to marking requirements is particularly interesting, as it sounds like you no longer need to engrave NFA items that you manufacture as an individual for personal use.
To reiterate, we’re not lawyers, but from what we’ve gleaned from the new guidance, this is all excellent news. As we understand it, as of today, if you’re allowed to own firearms and aren’t breaking any local laws, you don’t need to worry about complying with large swaths of the NFA.
Provided local laws agree, if you have AR pistols sporting braces, you can replace them with stocks. If you have an old shotgun, you can take a hacksaw to its barrel. No Form 1, no registration, no tax stamp, and no engraving required. As for silencers and factory SBRs/SBSs, in many states you should now be able to walk in, hand them cash, do your 4473, and walk out with your purchase without ever touching a Form 4.
Today is a great day, but all of this could go out the window down the road, so don’t get complacent. If you want to help keep these changes permanent, or abolish the NFA entirely, be sure to support the gun rights groups and companies that are fighting for the Second Amendment. We wouldn’t be here without them.
Also, given that it’s never been easier to buy a suppressor, these changes come just in time for CANCON! It’s not too late to get your tickets and come to our next event outside of Las Vegas October 22-24. CANCON is the best place in the world to test out countless cans side-by-side so you can figure out what you want to buy. We hope to see you there!
More On Gun Rights
Read the full article here