ATF Extends NFA Nonenforcement Policy Nationwide

The Bureau of Alcohol, Tobacco, Firearms and Explosives says it will stop enforcing specified National Firearms Act requirements nationwide for suppressors, short-barreled rifles and shotguns, and certain other firearms. The policy took effect Oct. 9, 2026, and applies to any person, according to the agency.

The change is an exercise of enforcement discretion, not a repeal of the NFA. People and businesses handling covered firearms remain subject to other applicable federal requirements, as well as state and local restrictions.

ATF’s guidance covers short-barreled rifles, short-barreled shotguns, silencers and certain concealable firearms classified as “any other weapons.” For those categories, the agency says it will not enforce specified NFA provisions requiring prior approval to make or transfer a firearm, registration and tax stamps, or compliance with related rules for unregistered firearms, interstate transportation and firearm marking.

The policy has exceptions, including provisions concerning firearms with obliterated serial numbers and illegally imported firearms. It does not cover machine guns or destructive devices, which remain subject to NFA requirements and a $200 tax. ATF also says it will maintain the NFA registry and process forms submitted voluntarily.

A nationwide policy follows a narrower court injunction

On Aug. 5, the U.S. District Court for the Northern District of Texas held that the challenged NFA provisions regulating untaxed firearms exceeded Congress’s enumerated powers. The court treated the plaintiffs’ enumerated-powers challenge as facial. It reasoned that Congress had reduced the making and transfer taxes for the covered categories to zero and had not relied on its commerce power when enacting the challenged provisions.

The court issued a permanent injunction but limited it to the plaintiffs and specified associated people and entities, including certain members and customers in covered circumstances. It denied declaratory relief and did not reach the plaintiffs’ Second Amendment claims. The order was stayed for seven days.

On Oct. 9, ATF said the Justice Department would not appeal. The agency then extended nonenforcement nationwide, saying a broader policy would address inequity and inconsistent treatment that could result from relief limited to certain parties. ATF cautioned that other courts could reach different legal conclusions.

Other federal rules and state restrictions remain

Covered firearms remain subject to applicable Gun Control Act requirements. ATF says licensed dealers generally must keep transaction records, complete a Form 4473 and conduct a background check through the National Instant Criminal Background Check System, unless an exemption applies. Other GCA restrictions also remain in effect.

Federal approval is still required to transport short-barreled rifles or shotguns across state lines, ATF says. For dealer transfers of those firearms, however, the agency is temporarily exercising enforcement discretion on the GCA authorization requirement while it develops forms and regulations for a non-NFA approval process. ATF has not provided a timetable for that process.

State and local laws are not displaced by the policy. States may prohibit covered firearms or impose requirements tied to NFA compliance, and federally licensed dealers may not transfer firearms in violation of state or local law. Applicable special occupational taxes for businesses manufacturing, importing or dealing in covered items also remain.

Gun-rights advocates have long criticized the registration process as burdensome, The Associated Press reported. AP also reported that groups supporting gun restrictions called the court ruling and the Justice Department’s decision not to appeal reckless, arguing that the regulations are important for public safety.