ATF Response to the District Court Ruling for Non-Parties

What about person not covered by the injunction?  Will ATF apply this ruling nationally?

For various policy reasons, ATF will cease enforcement on October 9, 2026, of the following NFA provisions as applied only to short-barreled rifles, short-barreled shotguns, silencers, and “any other weapon[s]” as defined in 26 U.S.C. § 5845(e):

• The requirement to apply and obtain prior approval to make NFA firearms
• The requirement of those engaged in the business to register NFA firearms within 24 hours of making
• The requirement to apply and obtain prior approval to transfer NFA firearms
• The requirement to register a firearm in the National Firearms Registration and Transfer Record.
• The various prohibitions on making, receiving, transferring, and possessing unregistered NFA firearms, other than the prohibitions in 26 U.S.C. § 5861(h), (k) (prohibiting possession of firearms with obliterated serial numbers or those illegally imported)
• The prohibition against transporting unregistered NFA firearms in interstate commerce (26 U.S.C. § 5861(j))
• The NFA requirement to mark all NFA firearms
• Any other NFA provision specifically enjoined by the district court’s judgment

This nonenforcement only extends to firearms on which Congress eliminated the making and transfer taxes.  Among other policy reasons, this nonenforcement policy is designed to eliminate the inequity and disuniformity created by the district court’s injunction, which is limited only to certain parties.

Machineguns and destructive devices remain taxable items and subject to all NFA provisions. Those “engaged in the business” must also continue to pay special (occupational) taxes. 

Does this mean that short-barreled shotguns, silencers and any other weapons are now unregulated?

These items remain statutory “firearms” under the GCA, and all GCA requirements still apply. Licensees must fill out an ATF Form 4473 and perform a National Instant Criminal Background Check System (NICS) check before making the transfer.  Licensees must also keep records of their transactions.  No one may sell or deliver any such item to a person that he knows or has reasonable cause to believe is prohibited by law from possessing a firearm.

There are some additional GCA requirements described below in the industry section.  These include special provisions governing short-barreled rifles and shotguns.

Except for some enforcement discretion related to 18 U.S.C. § 922(b)(4), individuals remain bound by all GCA requirements.  This is not an exclusive list of GCA requirements.

Will ATF permit individuals to file registration forms voluntarily?

Yes.  ATF will continue to maintain the National Firearms Registration and Transfer Record and approve all NFA forms for those who voluntarily wish to submit them.

Will individuals who possess unregistered NFA items under ATF's discretion not to enforce the NFA be subject to prosecution under state and local law?

Check with state and local authorities.  Most states require that individuals who possess NFA items comply with federal law or register them under the National Firearms Act.  ATF cannot opine on whether holding an unregistered firearm or silencer pursuant to ATF’s enforcement discretion will qualify for state-law purposes as lawfully held (or registered) under federal law. 

Some states have no state-level provisions restricting some or all NFA items.  For example, many states do not impose state-level controls on silencers. 

A minority of states prohibit the possession of most or all NFA items under state law.  ATF’s exercise of enforcement discretion does not affect these state laws.

Under the Gun Control Act (GCA), federal firearms licensees (FFLs) may not sell or deliver NFA items in violation of state or local law.  18 U.S.C. § 922(b)(2)

Source:  “Update to NFA Transfer Guidance.” ATF, 9 Oct. 2026, www.atf.gov/firearms/update-to-nfa-transfer-guidance.