The October 2026 NFA update: what changed for suppressors and SBRs
On October 9, 2026, ATF said it will no longer enforce NFA approval, registration or the tax stamp for suppressors, short-barreled rifles and shotguns, and AOWs. Here is what changed, what didn't, and how we handle each item at Trademark Guns.
Short version: at Trademark Guns, suppressors and AOWs now sell like any other firearm: an ATF Form 4473 and a NICS background check at the counter. Short-barreled rifles and shotguns we still process on an approved ATF Form 4 for now (see why below). Machine guns haven't changed.
How we got here
January 1, 2026: the $200 tax went to $0. The 2025 federal budget law set the National Firearms Act (NFA) making and transfer tax to zero for every NFA firearm except machine guns and destructive devices. ATF published a final rule on May 8, 2026 updating its regulations to match. At that point the paperwork still applied: Form 1 or Form 4, fingerprints, photos, and an approval before you could take the item home.
August 5, 2026: the court ruling. In Silencer Shop Foundation v. ATF, a federal court in the Northern District of Texas held that once the tax is zero, the NFA's registration and transfer requirements for these items can no longer rest on Congress's taxing power. The injunction itself covers the plaintiffs and their members, and the Department of Justice chose not to appeal.
October 9, 2026: ATF's guidance. ATF published an update to its NFA transfer guidance, with an open letter and an FAQ. Effective that day, ATF will not enforce the NFA's prior-approval, registration and tax-stamp requirements for:
- suppressors (silencers)
- short-barreled rifles (SBRs)
- short-barreled shotguns (SBSs)
- "any other weapons" (AOWs)
ATF is applying this nationwide as a matter of enforcement discretion, not only to the people in the lawsuit. It still accepts Forms 1, 3 and 4 on a voluntary basis.
What still applies
- They're still firearms. Under the Gun Control Act, buying one from a dealer means an ATF Form 4473, a NICS background check and the dealer's normal records. Prohibited persons still can't own one.
- Age. Suppressors and AOWs aren't rifles or shotguns, so you must be 21 or older to buy one from a dealer.
- In-state sales. As with handguns, a dealer generally sells these only to residents of the dealer's state.
- Machine guns and destructive devices are unchanged. The $200 tax, ATF approval and registration all still apply, and only machine guns registered before May 1986 can be transferred to civilians.
- Traveling with an SBR or SBS. ATF says owners should still file a Form 20 before taking one across state lines, registered or not.
- State law still rules. The federal change doesn't override state or local law. Several states still require NFA paperwork, and some ban these items outright. Check every state you'll carry or drive through.
- It can change. This relief comes from ATF choosing not to enforce. A new law, a different court ruling or a change in DOJ policy could bring the requirements back.
Why we still use Form 4 for SBRs and SBSs
Two loose ends make short-barreled rifles and shotguns different from suppressors:
- The dealer-sale rule. A separate Gun Control Act provision requires Attorney General authorization before a dealer sells an SBR or SBS. ATF says it is working on new regulations and forms for that and won't enforce the provision in the meantime, but the process doesn't exist yet.
- Alabama law. Alabama Code § 13A-11-63 makes it a crime to possess a short-barreled rifle or shotgun "in violation of federal law." Whether an unregistered SBR counts while ATF isn't enforcing registration hasn't been settled by a court.
Until both are settled, we keep doing SBRs and SBSs the way that is certain to be legal: an approved ATF Form 4, filed online with your fingerprints and photo. The tax stamp is still $0. When the rules firm up, we'll update this page.
Buying a suppressor at Trademark Guns
- Pick it out from our suppressors or ask us to order one.
- Start your background check online to save time.
- Bring a valid Alabama photo ID, fill out the Form 4473 and NICS check at the counter (about 15 minutes), and take it home if you're approved.
Already have a suppressor or SBR on a pending Form 4 with us? Message us or call and we'll go over your options.
This page explains the rules as we understand them and how our shop handles these sales. It isn't legal advice. If you have a specific situation, especially travel or an item you already own, talk to a firearms attorney.
Common questions
- Do I still need a tax stamp for a suppressor?
- No. The federal tax has been $0 since January 1, 2026, and since October 9, 2026 ATF does not enforce the stamp, registration or Form 4 approval for suppressors. You still complete a Form 4473 and NICS check.
- Can I buy a suppressor the same day?
- If you pass the NICS check at the counter, yes, the same way you would buy a handgun. You must be 21 or older and an Alabama resident.
- Do I still need a Form 4 for an SBR in Alabama?
- Federally, ATF isn't enforcing it, but Alabama law ties SBR and SBS possession to federal law and the dealer-sale rule is still pending. We still process SBRs and SBSs on an approved Form 4 until that is settled.
- Did anything change for machine guns?
- No. Machine guns and destructive devices still require ATF approval, registration and the $200 tax.
Sources
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