ATF Reveals How Suppressors Will Be Handled After Major Court Ruling

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) released new guidelines Friday on items no longer covered under the National Firearms Act (NFA), noting that state and local rules remained unchanged.

United States District Judge James Wesley Hendrix of the Northern District of Texas, a Trump appointee, handed down his ruling striking down the NFA requirements on Aug. 5 on the grounds that the reduction of the transfer tax to $0 in 2025’s One Big Beautiful Bill Act rendered the registration and processing requirements of the NFA unconstitutional. The new guidance, released Friday in an open letter and a more detailed “frequently asked questions” (FAQ) document, was sent to all federally-licensed firearms dealers (FFLs) about how STF would implement the federal laws impacted by the ruling, while steering clear of overriding local rules.

“Effective October 9, 2026, ATF will no longer require individuals to seek ATF approval under the NFA before making or transferring short-barreled rifles, short-barreled shotguns, silencers, and ‘any other weapon[s]’ as defined in 26 U.S.C. § 5845(e),” ATF said in the letter. “ATF will also no longer require such items to be registered in the National Firearms Registration and Transfer Record.  These policies apply uniformly to anyone otherwise subject to these requirements, not just to the plaintiffs in the litigation.”

ATF states in the document that it will no longer require Form 4s for the transfer of suppressors, short-barreled rifles, short-barreled shotguns, and “any other weapons,” a legal category to cover other firearms not defined in federal law. However, it also noted that state and local laws were not affected by the injunction, nor did the court strike down laws regarding transportation of certain items.

“What we did with the Department of Justice was focus on, okay, the judge’s injunction applied to a very specific group of people that were protected as plaintiffs and we thought, ‘Hey, our job is to protect the American people,’” ATF Director Robert Cekada told the Daily Caller News Foundation in one of his first interviews regarding the guidance issued to FFLs. “The judge, as it relates to other Supreme Court findings, was not able to go beyond his authority. And we’re in the same place. ATF and the Department of Justice have very limited authority as it relates to changing, making or repealing federal laws. So we had to work diligently but carefully to come forward with the path. And the path that we’re on today with the long answer I’m giving you is giving the American people equal treatment under the law.”

The FAQ document went into greater detail about what the ATF was no longer enforcing as a result of the case. Cekada acknowledged some people were frustrated the ATF didn’t move faster, but noted the agency’s powers were limited.

Cekada and ATF Chief Counsel Robert Leider told the DCNF that they expected the new guidance would affect other pending cases involving challenges to the NFA provisions at issue in Silencer Shop Foundation v. ATF.

“We’re going to have to see how this plays out. The publication of the enforcement guidance will undoubtedly affect these cases, although how it affects what arguments get raised will be a question for the attorneys of the Department of Justice,” Leider said. “It’s a little bit premature to speculate on exactly what will happen there. But undoubtedly, the status conference will discuss the guidance and there will likely be some effect on the case, although it’s hard to predict at this moment precisely what that effect will be.”

After the Senate parliamentarian struck language that removed those items from NFA’s purview during the passage of the July 2025 reconciliation bill, Congress reduced the taxes to $0. Gun-rights groups filed suits challenging the applicability of the law shortly after the legislation was signed.

On Aug. 12, Republican Georgia Rep. Andrew Clyde posted on X that the Trump administration confirmed it would not appeal the ruling. The Justice Department officially notified Congress in a letter released on Oct. 1 about its decision not to fight the ruling.

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