ATF Makes NFA Non-Enforcement Official

ATF put its new hands-off approach to suppressors, short-barreled rifles and shotguns in writing on October 9, issuing a formal Open Letter and FAQ that apply to every gun owner in the country, not just the plaintiffs who won in court.

Catch up quick: We covered the legal groundwork back in August — the $200 tax on suppressors, SBRs and SBSs hit zero on January 1, then a federal judge in Texas ruled core NFA provisions unenforceable against the plaintiffs in Silencer Shop Foundation v. ATF. What was missing was ATF actually saying, in agency language, how it would apply that ruling to everyone else.

What's new: Attorney General Todd Blanche announced DOJ won't appeal the August ruling, and instead of limiting the fix to the lawsuit's plaintiffs, he directed ATF to extend the same enforcement posture to the public at large. The Open Letter and FAQ released October 9 are the agency's attempt to put that policy into concrete, actionable guidance.

What it actually says:

• ATF will not enforce the application-and-approval process for making or transferring SBRs, SBSs, suppressors, or concealable "any other weapons"
• Registration and tax-stamp requirements for those items are off ATF's enforcement list
• Machine guns and destructive devices keep the full $200 tax and NFA process — nothing changed there

"ATF is now following suit with our enforcement posture while continuing to ensure we remain focused where we are needed the most: combatting violent crime in American communities," ATF Director Rob Cekada said.

Yes, but: Dropping NFA paperwork at the federal level doesn't erase everything else. Licensed dealers still run a 4473 and a NICS check on every transfer, same as any other gun sale. If your state requires its own registration for suppressors or SBRs — and several do — ATF will keep processing those state-mandated applications. And if you want to cross state lines with an SBR or SBS, you still need Form 20 approval under the Gun Control Act, registered or not.

The bottom line: Federal tax stamps and registration delays for suppressors, SBRs and SBSs are functionally gone, but state law and interstate transport rules haven't moved an inch — check both before you build, buy, or travel with one.