>>195919, >>195921, >>195922, >>195923, >>195924, >>195925, >>195926, >>195927
Consequently, effective October 9, 2026, ATF will no longer require individuals to seek ATF approval under the NFA before making or transferring short-barreled rifles, short-barreled shotguns, silencers, and "any other weapon[s]" as defined in 26 U.S.C. § 5845(e). ATF will also no longer require such items to be registered in the National Firearms Registration and Transfer Record. These policies apply uniformly to anyone otherwise subject to these requirements, not just to the plaintiffs in the litigation.
ATF will continue to administer the NFA on a voluntary basis. ATF will accept Form 1 applications to make or register these firearms and devices by those making such items. ATF will also accept Form 3 or Form 4 applications to transfer or register such items. Manufacturers are allowed to report the manufacture of these items on a Form 2.
Interested parties, however, should note five limits of this change in enforcement policy. First, the NFA still imposes special (occupational) taxes on any person engaged in the business of manufacturing, importing, or dealing in all NFA firearms and devices, including short-barreled rifles, short-barreled shotguns, silencers, and "any other weapon[s]" as defined in 26 U.S.C. § 5845(e). The district court's injunction does not affect these taxes. Consequently, those engaged in the business must continue to pay applicable taxes on their businesses.
Second, the injunction does not disturb the NFA's application to machineguns and destructive devices. The One Big Beautiful Bill Act maintained the S200 tax on such items. Consequently, all NFA provisions still apply to machineguns and destructive devices.
Third, the district court did not enjoin any provision of the Gun Control Act of 1968 (GCA). The GCA's definition of "firearms" includes all firearms and suppressors and thus extends to short- barreled rifles, short-barreled shotguns, silencers, and "any other weapon[s]." Because these NFA firearms and devices are statutory "firearms" under the GCA, they may not be possessed by prohibited persons, and all recordkeeping and background check requirements under the GCA remain in place. See, e.g., 18 U.S.C. §§ 921(a)(3); id. § 922(d), (g), (n), (t); id. § 923(g); 27 C.F.R. § 478.121, et seq.
Fourth, the district court did not enjoin the GCA's restrictions on the transportation and sale of short-barreled rifles and short-barreled shotguns. See 18 U.S.C. § 922(a)(4), (b)(4). Individuals transporting short-barreled rifles and short-barreled shotguns should continue to file Form 20s, even if the firearms are not registered in the National Firearms Registration and Transfer Record. ATF is working as quickly as possible to issue new regulations to authorize federal firearms
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¹ See Letter from Congressman Andrew S. Clyde, et al., to Attorney General Todd Blanche, Aug. 11, 2026,
https://clyde.house.gov/uploadedfiles/clyde_blancheletter_nfaruling_aug26.pdf
*30. The injunction applies only to the plaintiffs and to NFA firearms for which the One Big Beautiful Bill Act eliminated existing taxes. Id. at *31.
Since the district court's injunction, ATF has received requests for guidance from litigants, Members of Congress, state Attorneys General, the industry, and the general public. Forty-seven Members of the U.S. House and Senate have also requested that ATF apply the ruling nationwide
https://x.com/SenMikeLee/status/2108666038703251772
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