The Bureau of Alcohol, Tobacco, Firearms and Explosives changed its enforcement posture on October 9 for four classes of National Firearms Act items. Under the agency's new NFA transfer guidance, ATF will not require advance NFA approval or federal NFA registration when individuals make or transfer suppressors, short-barreled rifles, short-barreled shotguns, or the concealable firearms classified as "any other weapons." The policy applies to anyone otherwise subject to those requirements, not only the plaintiffs protected by a recent Texas federal court judgment.

The action is an enforcement policy, not a repeal of the NFA provisions. Congress reduced the making and transfer taxes on those four categories to zero in the One Big Beautiful Bill Act. On August 5, the U.S. District Court for the Northern District of Texas held that the challenged registration and transfer provisions could no longer rest on Congress's taxing power for zero-tax items. That injunction was limited to the plaintiffs and other parties identified in Silencer Shop Foundation v. ATF. The Justice Department then chose to apply a broader nonenforcement policy nationwide.

What ATF says it will stop enforcing

ATF's says individuals no longer need to seek agency approval before making or transferring a covered item. The accompanying FAQ adds that ATF will not enforce the prior-approval requirements for making and transfers, the 24-hour manufacturer registration requirement, the requirement to enter covered items in the National Firearms Registration and Transfer Record, or several offenses tied to unregistered items. The policy also covers the NFA marking requirement and the ban on interstate transportation of an unregistered NFA firearm under 26 U.S.C. Section 5861(j).