WASHINGTON – The Bureau of Alcohol, Tobacco, Firearms and Explosives today released an Open Letter and Frequently Asked Questions explaining how it will treat ownership, transfer, and transportation of the National Firearms Act firearms for which Congress eliminated the making and transfer taxes in the One Big Beautiful Bill.
The guidance follows an announcement by Attorney General Todd Blanche that the Department of Justice will not appeal an August decision made by the U.S. District Court for the Northern District of Texas, which held that certain provisions of the NFA were unenforceable. In that decision, the court enjoined enforcement of those NFA provisions only for the plaintiffs in the suit; however, using the Department’s enforcement discretion, the Attorney General in his announcement made the policy decision to apply the guidance to everyone, and not only to those covered by the injunction in Silencer Shop Foundation v. ATF, No. 6:25-cv-056 (N.D. Tex.).
“The direction from the President, Congress, and the courts is clear,” said ATF Director Rob Cekada. “ATF is now following suit with our enforcement posture while continuing to ensure we remain focused where we are needed the most: combatting violent crime in American communities.”
Under ATF’s guidance, ATF 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 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. The NFA requirements apply in full to those weapons.
The guidance does not supersede state and local laws that restrict NFA firearms. Because many state laws require individuals to register NFA firearms, ATF will continue to process NFA applications that are submitted. The 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 guidance, licensed dealers must still complete Form 4473s, run NICS background checks, keep records, and follow all other 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.
ATF urges anyone with questions to closely read the frequently asked questions, available at atf.gov. Licensees and members of the public with questions may contact the Firearms Industry Programs Branch at FIPB@atf.gov.