NFA FAQ
Suppressors, SBRs & SBSs: What Changed in 2026
Plain-language answers on recent NFA changes, with links to the official sources.
Last updated: October 16, 2026. This area of law is changing quickly. Check the linked sources for the latest.
Is the $200 tax stamp gone?
For most NFA items, yes. The One Big Beautiful Bill Act (Public Law 119-21, signed July 4, 2025) reduced the federal making and transfer tax to $0 for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and “any other weapons” (AOWs), effective January 1, 2026. Machine guns and destructive devices still carry the $200 tax. ATF updated its regulations to match in May 2026.
Sources: Federal Register, May 8, 2026 (ATF final rule) · Congressional Research Service, IF13111
Do I still need a Form 4 or Form 1 and registration?
This changed in October 2026. When the tax first went to $0, the rest of the NFA (approval, registration, background checks) stayed in place. Then on October 9, 2026, ATF announced it will not enforce the NFA's prior-approval (Form 4 / Form 1), registration, tax-stamp, marking, and interstate-transport registration requirements for suppressors, SBRs, SBSs, and AOWs. The policy applies nationwide to individuals, not only to people covered by the court case described below.
You can still register voluntarily. ATF says it will keep the NFA registry and approve forms for anyone who chooses to file.
Source: ATF: Update to NFA Transfer Guidance (Open Letter & FAQ)
What court case caused this?
In Silencer Shop Foundation v. ATF (N.D. Tex., No. 6:25-cv-56), the court ruled on August 5, 2026 that the NFA's making, registration, and transfer provisions are unconstitutional as applied to SBRs, SBSs, suppressors, and AOWs, because Congress set the tax to $0. The court's injunction covers only the plaintiffs and their members and customers. The Department of Justice notified Congress that it will not appeal. ATF then extended non-enforcement to everyone as a policy choice.
Sources: Court opinion (Justia) · DOJ Solicitor General letter to Congress · ATF FAQ
So are suppressors and SBRs unregulated now?
No. They are still “firearms” under the Gun Control Act. When you buy from a dealer you still complete an ATF Form 4473 and a NICS background check. Dealers must keep records, cannot sell to prohibited persons, and generally cannot sell to residents of other states.
For SBRs and SBSs, ATF says you still need to file a Form 20 before taking one across state lines, even if it is unregistered. ATF is also writing a new non-NFA approval process for dealer transfers of SBRs/SBSs. Until it exists, ATF says it will not enforce that GCA requirement.
Source: ATF FAQ
What are the risks of owning an unregistered suppressor or SBR?
ATF warns that enforcement could resume if circumstances change. For example, Congress could impose a new tax, the injunction could be overturned, or DOJ could rescind its guidance. The NFA still treats unregistered items as contraband, carrying felony penalties. Federal law does not automatically grandfather unregistered items. Registering later would require an amnesty, which the Attorney General is not required to offer. The district court's decision also does not bind other courts.
This is why some owners choose to register voluntarily. Ask us about your options.
Source: ATF FAQ
What about machine guns?
Nothing changed. Machine guns and destructive devices still carry the $200 tax and all NFA requirements apply in full.
Source: ATF FAQ
What happened to the pistol brace rule?
ATF's 2023 “stabilizing brace” rule, which classified many braced pistols as SBRs, was vacated nationwide by a federal court in Mock v. Garland (June 2024). The vacatur became final when the government's appeal was dismissed in July 2025, so the rule is no longer in effect.
Sources: ATF notice on the vacated brace rule · Firearms Policy Coalition (plaintiff) announcement
What about Missouri law?
Missouri law (RSMo 571.020) makes it a crime to possess, make, transport, repair, or sell a machine gun, short-barreled rifle or shotgun, or silencer “in violation of federal law.” Missouri does not separately ban these items. ATF says it cannot say whether an item held unregistered under the new federal non-enforcement policy counts as lawful under state laws like this one, and it advises checking with state and local authorities.
Missouri's Second Amendment Preservation Act (2021) was ruled unconstitutional. A federal court decision was affirmed by the 8th Circuit in 2024.
Sources: RSMo 571.020 (Missouri Revisor of Statutes) · RSMo 1.420 with court note · 8th Circuit opinion, U.S. v. Missouri · ATF FAQ
How long do eForms approvals take now?
For voluntary registrations, wait times vary, and we have not found a reliable official figure for October 2026. Call or text us and we will tell you what we are currently seeing.