Federal Government to Stop Enforcing Registration Rules on Suppressors, Short-Barreled Firearms

Americans will no longer need federal approval to make or own suppressors, short-barreled rifles, short-barreled shotguns, and certain other firearms. This marks a departure from a regulatory system that has existed for more than 90 years.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced the change on Oct. 9 in new guidance explaining how it will enforce the National Firearms Act (NFA) after a federal judge blocked key approval and registration requirements in the Silencer Shop Foundation v. ATF case.

In an accompanying open letter, ATF Director Robert Cekada said that although the court’s injunction applies only to the parties involved in the lawsuit, the agency decided to extend the same treatment to everyone.

“These policies apply uniformly to anyone otherwise subject to these requirements, not just to the plaintiffs in the litigation,” Cekada wrote.

The affected items include suppressors, also known as silencers, which reduce the sound of a firearm when it is fired; rifles with barrels shorter than 16 inches; and shotguns with barrels shorter than 18 inches.

The fourth category, known under federal law as “any other weapon” (AOW), includes certain concealable firearms that do not fit conventional handgun definitions.

What Changed—and What Did Not

Effective immediately, ATF said it will no longer require prior approval under the NFA to make or transfer firearms and devices in those four categories.

The agency will also stop enforcing the NFA’s registration and marking requirements for them, as well as the ban on transporting unregistered NFA items across state lines.

Machine guns and destructive devices remain fully subject to NFA registration, approval, and tax requirements.

People who still want to register the items under the NFA can do so voluntarily, and ATF said it will continue to maintain the federal registry.

The change does not mean the items are now entirely unregulated. Federal background-check requirements and rules governing federally licensed firearms dealers remain in place, as do state and local restrictions.

Some states—including California, New Jersey, and New York—ban suppressors, short-barreled rifles, and other NFA-regulated firearms outright, while in others they are legal only if they’re federally registered.

ATF cautioned that its new policy does not override those laws. It advises people who are unsure to check with state and local authorities.

How the NFA Worked Before

The NFA, the primary legal authority for the ATF, established a special tax-and-registration system on certain firearms and devices.

For decades, someone buying a suppressor or short-barreled rifle from a dealer generally could not simply complete the ordinary firearms-purchase process and take the item home.

The buyer typically had to submit an application to ATF, provide identifying information and fingerprints, pay a federal tax, and wait for the agency to approve the transfer.

Someone who wanted to make an NFA firearm—for example, by converting a conventional rifle into a short-barreled rifle—also generally needed ATF approval in advance.

For most NFA firearms, the law imposed a $200 making or transfer tax. Congress set that amount in 1934, and it remained unchanged for decades.

Congress made the first major change last year through the One Big Beautiful Bill Act (OBBBA). Effective Jan. 1, 2026, lawmakers reduced the making and transfer tax to zero for silencers, short-barreled rifles, short-barreled shotguns, and AOWs.

With the tax zeroed out, a coalition of Second Amendment advocacy groups challenged the remaining approval-and-registration system itself.

Those requirements, they argued, could no longer function as taxing measures under the Taxing Clause, which served as the constitutional basis for Congress’s creation of the NFA in 1934.

Court Ruling Triggers Broader Changes

On Aug. 5, Judge James Wesley Hendrix of the Northern District of Texas sided with the challengers, ruling that the registration, making, and transfer provisions for NFA items are no longer justified because the OBBBA eliminated the tax.

The judge also rejected the government’s argument that the provisions could instead be upheld under Congress’s power to regulate interstate commerce.

“Because Congress enacted the challenged NFA provisions under the Taxing Clause only, the NFA cannot be retroactively justified under another power that Congress never invoked, such as its authority to regulate interstate commerce,” Judge Hendrix wrote.

The Justice Department subsequently decided not to appeal the decision.

ATF then went further on Oct. 9, applying the same treatment nationwide rather than maintaining different rules for different groups.

The agency stressed that the change is based on its own enforcement discretion, not a congressional repeal of the NFA provisions themselves.

That distinction means the current policy could change again, for example, if Congress imposes another tax, the court order is overturned or dissolved, or the Justice Department reverses the policy.

For now, the Oct. 9 guidance still represents one of the most significant changes to the nation’s firearm regulatory landscape since the NFA was enacted.

“The direction from the president, Congress, and the courts is clear,” Cekada said in a statement.

“ATF is now following suit with our enforcement posture while continuing to ensure we remain focused where we are needed the most: combating violent crime in American communities.”

Gun-Rights, Gun-Control Groups React

The move drew sharply divided reactions. Pro-Second Amendment organizations celebrated the policy changes as a major victory while recognizing that they do not provide the permanent fix they seek.

“After more than 90 years under the NFA restrictions, all citizens can now take one step forward in their ability to freely exercise their Second Amendment freedoms,” Alan Gottlieb, founder and vice president of Second Amendment Foundation, said in a statement to The Epoch Times.

“While the fight for a more permanent solution continues, we are optimistic about the guidance issued and commend the administration for recognizing the unconstitutionality of the NFA’s registration scheme.”

Gun-control advocates, meanwhile, criticized the change, saying that removing federal approval and registration requirements could make it more difficult for authorities to monitor weapons they consider particularly dangerous.

“ATF Director Cekada’s decision to be a puppet for the gun industry will only put the safety of our communities at risk,” Everytown for Gun Safety said in a social media post.

“We’ll demand accountability when we take back the House in November.”