NEWS
On Friday, October 9, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced major changes to the enforcement of certain National Firearms Act (NFA) provisions, leaving many Americans confused about what this means for gun owners.
This decision represents one of the most significant wins against federal gun control in American history, but it includes details every gun owner needs to understand.
The ATF decision was a direct result of an announcement by U.S. Attorney General Todd Blanche stating that the Department of Justice will not appeal an August 2026 Court decision made by the U.S. District Court for the Northern District of Texas. The court held that certain provisions of the NFA could not be enforced against plaintiffs such as Gun Owners of America (GOA) and its members.
So, what does all this mean for American gun owners? To answer that question, we first need to explain what the NFA is and revisit some recent history to explain the entire story.
The NFA is a federal gun control law passed in 1934 in response to criminal gang activity in large urban areas of America. The law federally regulated and taxed certain items including suppressors, short-barreled weapons, automatic weapons, and many other firearms, while simultaneously oppressing law-abiding American gun owners for most of the next Century.
GOA has long held that the entire NFA was unconstitutional. So, in the summer of 2025, GOA teamed up with allies in Washington, D.C. and came remarkably close to passing legislation that would have completely gutted the NFA. The legislation was part of budget processes moving through the 2025 U.S. Congress and would have removed many items, particularly short-barreled rifles, short-barreled shotguns, suppressors, and certain other firearms from federal oversight under the NFA.
Sadly, despite passing the U.S. House, efforts to dismantle the National Firearms Act (NFA) stalled in the U.S. Senate when Majority Leader Thune allowed the Senate Parliamentarian to rule that repealing the federal registration requirements for suppressors, short-barreled firearms (SBFs), and Any Other Weapons (AOWs) was not sufficiently budget-related to be included in the Senate Budget Reconciliation bill.
Importantly, the Parliamentarian’s ruling did not block repeal of the $200 NFA tax on these items. Congress subsequently eliminated that tax as part of the final 2025 “Big Beautiful Bill,” while leaving the federal registration requirements and associated paperwork in place.
This prompted GOA to urge Senator Thune to fire the Parliamentarian, who had been appointed under a Democrat-controlled Senate during President Obama’s administration. Republican leadership ultimately allowed the Parliamentarian to remain in her position, and the effort to repeal the remaining NFA registration requirements was left unresolved.
While many gun proponents applauded the elimination of the $200 tax, GOA and others still believed the primary goal should be elimination of any unconstitutional federal oversight over NFA items.
The elimination of the $200 tax also opened the door for a lawsuit because a 1937 Supreme Court ruling had upheld the Constitutionality of the NFA only because, according to the Court, Congress had the authority to tax. GOA reasoned that without the $200 tax, the time was right to get a Court to finally rule that aspects of the NFA were unconstitutional.
Along with our partners and co-plaintiffs SilencerShop, SilencerShop Foundation, Palmetto State Armory, Silencer Co, B&T, FRAC, and the 15 Pro Gun states, we began GOA’s “One Big Beautiful Lawsuit” and an odyssey that would take over a year to complete. Finally, on August 5, 2026, a federal judge struck down the registration requirements on certain NFA items.
The Judge in our case agreed with our reasoning and said that the federal registration requirements were unconstitutional because the $0 tax stamp raised no revenue. Remember, the original Supreme Court ruling only upheld the Constitutionality of the NFA based on the reasoning that Congress had authority to tax.
For weeks after the Court ruling, ATF remained silent about their intent regarding enforcement, leaving many gun owners uncertain about how to proceed. No one wanted to be raided by the ATF while exercising rights restored by the Texas Court. Some transfers of NFA items were conducted by covered Plaintiffs and their associates during this waiting period because of the special protections the Judge provided, but more on that later.
Finally, on October 9, ATF announced they will not enforce the requirements for individuals to apply and receive ATF approval before making or transferring short-barreled rifles, short-barreled shotguns, suppressors (silencers), and certain other concealable firearms known in the law as “any other weapons.”
ATF also said they will not enforce the NFA’s registration, tax-stamp, or related requirements for those covered items. The $200 tax remains in place for machine guns and destructive devices, and all NFA requirements apply in full to those weapons.
The ATF guidance does not override any state and local laws that restrict NFA firearms, and because some states require individuals to register NFA firearms, ATF will continue to process NFA applications for willing individuals. ATF’s guidance also does not affect the Gun Control Act’s requirement to obtain ATF approval before transporting short-barreled rifles and short-barreled shotguns in interstate commerce. Individuals may obtain that approval by filing a Form 20, whether or not the item is registered under the NFA.
Under the new ATF guidance, licensed dealers must still complete Form 4473s (currently required for any regular firearm), run NICS background checks, keep records, and follow all other Federal Gun Control Act requirements. Those engaged in the business are required to pay any special occupational tax. Individuals must also continue to comply with state law, which may be more restrictive.
Many have hailed this recent Court win and ATF interpretation as a huge victory for American gun owners while others are rightly pointing out that the unconstitutional NFA still remains on the books. This makes it possible that a future Presidential Administration could defy or appeal the Court Order and reinstate enforcement of NFA provisions.
It is fair to state that what we have here is a not a legislative change but rather an administrative change forced by a Court order. While GOA was fighting for a nationwide injunction, the Judge in our case limited the ruling to the organizational plaintiffs, including Gun Owners of America, and the plaintiffs and their customers in the case itself.
In their October 9 announcement, ATF correctly noted the risk of a future Presidential Administration reversing this decision and making criminals out of people UNLESS they are in the protected class of the Court Order. Gun Owners of America (GOA) members are specifically protected against such future draconian actions.
This means that the registration requirements for SBRs, SBSs, AOWs, and Suppressors will still be unenforceable by the Department of Justice and the Federal Government at large against any of the plaintiffs or their members even under a new Presidential Administration. Again, machine guns and explosive devices are not impacted by this order.
This issue is incredibly complex, so I have summarized the main effects on Gun Owners residing in Wyoming.
ATF will no longer enforce federal NFA registration, tax-stamp, or advance approval requirements for suppressors, short-barreled rifles, short-barreled shotguns, and “any other weapons” (AOWs).
Purchases through licensed dealers still require Form 4473, background checks, and compliance with other federal firearm requirements just like regular firearms.
ATF will continue processing voluntary registrations.
Wyoming has no state or local laws impacting this decision.
Gun owners must still obtain ATF approval using Form 20 before transporting short-barreled rifles or shotguns across state lines.
Machine guns and destructive devices are unaffected: Their existing NFA requirements and $200 tax remain.
The NFA has not been repealed, and there is uncertainty about what a future federal administration might do.
The order specifically protects specified plaintiffs, including GOA members, even if a future Administration changes course for other gun owners.
While this Court Order and ATF decision are not perfect, there is no question that these events represent one of the most significant wins against federal gun control in American history.
Americans can now obtain, possess, and transfer these protected NFA items just like regular firearms without special federal oversight, paperwork, or costs. However, the battle rages on to repeal the entire unconstitutional NFA Legislatively, and GOA remains committed to winning this battle.