10/10/2026
FFL ALERT! NFA Registrations for Silencers, SBRs, SBSs and AOWs No Longer Required
Written by Phil Milks, Esq.
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October 09, 2026
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FFL Alert · Effective October 9, 2026
Today, ATF Director Cekada announced and signed an Open Letter stating that transfer paperwork and registrations are no longer required for silencers, SBRs, SBSs, and AOWs. This applies to ALL FFLs and ALL CITIZENS. The Director stated that this is effective today, October 9, 2026.
The ATF stated that it is voluntary to continue to apply for registration of these upon the manufacture or making, and upon their transfer.
Read ATF's Open Letter →
Important Points of Note for the Industry
FFLs engaged in NFA business must still pay for and hold their SOT.
Machine Guns and Destructive Devices still remain fully regulated with their $200 tax.
All GCA requirements (Forms 4473, background checks, transfer restrictions, etc.) still continue to apply to silencers, AOWs, SBRs, SBSs, in full.
Individuals must still file Form 20s to transport applicable items interstate. ATF is working on regulations to authorize FFLs to transfer SBRs and SBSs under the GCA; but in the interim ATF will not enforce the provisions of 18 USC 922(b)(4) which requires FFLs to forego transferring SBRs, SBSs "except as specifically authorized by the [ATF]."
State and local laws continue to apply. For those consumers in states which have laws governing transfer and ownership of NFA items this means that those items still have to be fully registered. This last point is likely to still cause confusion and mixed practices throughout the industry.
Plan your rollout carefully. FFLs should carefully plan out their rollout of new business practices in light of this open letter, particularly paying attention to the many states that still require NFA registration. Although an exciting announcement for the industry, for the short term this will create some confusion at the ex*****on level and will require careful coordination within companies and between companies.
Questions?
Orchid's compliance team is available to help you plan your rollout. If you need an attorney, our affiliated law firm, FFL Law, can help.
Contact Our Compliance Team →
Frequently Asked Questions: Suppressors, SBRs and the NFA After Silencer Shop Foundation v. ATF
Plain-English answers for FFLs and gun owners. Last updated October 9, 2026.
Do I still need a Form 4 or a tax stamp to buy a suppressor (silencer)?
No, not federally, as of October 9, 2026. After Silencer Shop Foundation v. ATF and the $0 NFA tax from the One Big Beautiful Bill (H.R. 1), ATF stopped enforcing the NFA's prior-approval, Form 4 and registration requirements for suppressors, SBRs, SBSs and AOWs, nationwide. As posted by the ATF, it "will not enforce the requirements for individuals to apply and receive ATF approval before making or transferring" these items (see the FAQ at the bottom of ATF's Update to NFA Transfer Guidance). You can still file voluntarily. Your state's laws still apply; if your state requires registration under federal law to possess a silencer, SBR, SBS, or AOW – it must be registered.
What is Silencer Shop Foundation v. ATF and why does it matter?
Silencer Shop Foundation v. ATF is the federal case in the Northern District of Texas that challenged the National Fi****ms Act after Congress cut the making and transfer tax on suppressors, SBRs, SBSs and AOWs to $0. The court enjoined the NFA's making, registration and transfer-tax provisions for the plaintiffs and their members and customers. ATF then chose to stop enforcing those provisions for everyone, not just the plaintiffs. For background, see our earlier article, WTF Is Going On with NFA.
Does this apply only to Silencer Shop customers and plaintiffs, or to every FFL?
This applies to every FFL and every citizen. The court's injunction itself covers only the plaintiffs, their members and their customers. But as posted by the ATF, "the Department will not enforce the NFA against any person" for the domestic making, possession and transfer of these items (see the FAQ at the bottom of ATF's Update to NFA Transfer Guidance).
Which NFA items are covered, and which are not?
Covered: suppressors (silencers), short-barreled ri**es (SBRs), short-barreled sh****ns (SBSs) and "any other weapons" (AOWs), the items where Congress eliminated the making and transfer tax. Not covered: machine guns and destructive devices. They keep the $200 tax and every NFA requirement.
Do FFLs still need a Form 4473 and a NICS check to sell a suppressor, SBR, SBS or AOW?
Yes. These are still "fi****ms" under the Gun Control Act. FFLs must complete a Form 4473, run a NICS background check unless exempt, record the transaction in their A&D Book, follow residency rules, and never transfer to a prohibited person.
Do FFLs still need to pay SOT to deal in NFA items?
Yes. Congress eliminated the making and transfer taxes, not the special occupational tax. Any FFL engaged in the business of manufacturing, importing or dealing in NFA items must still pay SOT for each business activity (26 U.S.C. 5801).
Can FFLs transfer short-barreled ri**es and short-barreled sh****ns without NFA approval?
For now, yes. The Gun Control Act (18 U.S.C. 922(b)(4)) says FFLs may only transfer SBRs and SBSs "as specifically authorized" by the Attorney General, and the NFA process used to provide that authorization. ATF is writing new forms and regulations. Until they exist, as posted by the ATF, it "will exercise its enforcement discretion and not enforce 18 U.S.C. § 922(b)(4) until such regulations exist" (see the FAQ at the bottom of ATF's Update to NFA Transfer Guidance).
Do state and local laws still require NFA registration?
In several states, yes, and this is where most compliance risk now sits. Many states tie lawful possession to federal NFA registration, and some ban NFA items outright. ATF's decision does not override state or local law, and FFLs still may not sell or deliver an NFA item in violation of state or local law (18 U.S.C. 922(b)(2)). If the buyer's state requires registration, keep registering.
Is a Form 20 still required to take an SBR or SBS across state lines?
Yes. Individuals must still file a Form 20 before transporting a short-barreled r***e or short-barreled sh***un interstate, even if it is unregistered.
Can I still register a suppressor or SBR, or remove one from the NFA registry?
Yes to both. ATF still maintains the National Fi****ms Registration and Transfer Record (NFRTR) and accepts Form 1, Form 3 and Form 4 voluntarily, including through ATF eForms. To remove an item, write the NFA Division at [email protected]. Think before you remove anything: as posted by the ATF, "once an item is removed, it cannot be re-registered unless the Attorney General declares an amnesty" (see the FAQ at the bottom of ATF's Update to NFA Transfer Guidance).
Could NFA enforcement come back, and would unregistered items be grandfathered?
It could come back. ATF lists the triggers: Congress could impose a new tax, the injunction could be overturned, or the Department could rescind its guidance. Federal law has no automatic grandfathering for unregistered NFA items, and a later amnesty would be at the Attorney General's discretion. That is a real reason some FFLs and buyers will keep registering voluntarily.
What should my FFL do this week?
Decide your policy before changing your transfer process: which states you sell into, whether you will keep registering voluntarily, how pending eForms applications will be handled, and how staff should describe the change to customers. Keep every GCA step (4473, NICS, A&D Book) unchanged. Orchid eBound™ and Orchid POS clients will be notified of any record changes, and our ATF compliance team can help you plan your rollout.
