How Should an FFL Transfer SBR's and SBS'?
How Should an FFL Transfer SBR's and SBS'?
The GCA prohibits an FFL from selling or delivering a short-barreled rifle or short-barreled shotgun, except as specifically authorized by the Attorney General. 18 U.S.C. 922(b)(4). Traditionally, the NFA approval process satisfied this requirement. Although the district court enjoined the NFA approval process, it did not enjoin the GCA authorization requirement.
At this time, no regulatory mechanism exists to authorize FFLs to transfer short-barreled rifles or short-barreled shotguns outside the NFA process. ATF understands the burden this will create, and ATF is creating forms and drafting regulations as quickly as possible to implement a non-NFA approval process. To deal with the disruption that gap will create in the interim, ATF will exercise its enforcement discretion and not enforce 18 U.S.C. § 922(b)(4) until such regulations exist.
The GCA transfer approval requirement does not apply to transfers to state entities because of a GCA exception for government entities. 18 U.S.C. § 925(a). Consequently, apart from any enforcement-discretion determination, federal law permits FFLs to continue transferring short-barreled rifles and short-barreled shotguns to state and local governments for official use.
What should I do if I am unsure whether transferring unregistered NFA items will be deemed lawful under state or local law?
FFLs unsure whether unregistered NFA items are lawful under state or local law (including state or local law applicable to the buyer’s jurisdiction) should seek legal advice and should also check with the relevant law enforcement and prosecutorial authorities. The Gun Control Act continues to prohibit transferring statutory firearms (including silencers) in violation of state and local law. 18 U.S.C. § 922(b)(2). FFLs willfully transferring firearms in violation of state and local law face federal criminal penalties and license revocation. Neither the district court’s injunction nor ATF’s enforcement discretion relieve FFLs of their obligation to comply with state and local law.
Source: “Update to NFA Transfer Guidance.” ATF, 9 Oct. 2026, www.atf.gov/firearms/update-to-nfa-transfer-guidance.
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