ATF Issues Nationwide Guidance Halting NFA Registration and Approval for Suppressors, SBRs, and Related Items After Court Ruling and DOJ Decision Not to Appeal

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) released an open letter and FAQ on October 9, 2026, announcing it will no longer require federal approval, registration, or tax stamps under the National Firearms Act (NFA) for suppressors (silencers), short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and certain 'any other weapons' (AOWs) for all individuals and entities nationwide. This policy extends the effect of an August 5, 2026, ruling by U.S. District Judge James Wesley Hendrix in the consolidated cases Jensen v. ATF and Silencer Shop Foundation v. ATF (Northern District of Texas). The judge held that the NFA's registration and approval scheme for these items could no longer be justified under Congress's taxing power after the One Big Beautiful Bill Act reduced the associated transfer and making taxes to zero. The injunction initially applied only to the plaintiffs, their members, and customers, but the Department of Justice (DOJ) declined to appeal—formalized in a September 24, 2026, letter from Solicitor General D. John Sauer to Congress and an October 1 filing—and opted to apply the outcome uniformly through enforcement discretion. ATF Director Robert Cekada confirmed the guidance creates consistent nationwide treatment. The change is an enforcement policy, not a statutory repeal, leaving the NFA on the books and subject to potential future reversal. Machine guns and destructive devices remain fully regulated under the NFA with the $200 tax intact. Dealers must continue complying with Gun Control Act requirements, including Form 4473s and NICS checks. Interstate transport of SBRs/SBSs still requires Form 20 approval, and state/local laws are unaffected. ATF will process voluntary NFA applications where required by state law. Gun rights groups including the NRA, Gun Owners of America, and Second Amendment Foundation welcomed the development, while gun control advocates criticized it as a rollback of public safety measures. Other NFA challenges remain pending.