Guide · Suppressors, SBRs, SBSs and AOWs
Is NFA approval still required?
Federally, not since October 9, 2026,for suppressors, short barreled rifles, short barreled shotguns and AOWs. ATF says it no longer requires approval before making or transferring them, or registration afterward. That is an enforcement policy, not a change to the law, and it has three catches: your state’s law, the limits ATF attached, and ATF’s own warning that enforcement could come back. Not legal advice.
What ATF said
“Consequently, 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 will also no longer require such items to be registered in the National Firearms Registration and Transfer Record.”
The letter says this applies to everyone, not just the plaintiffs in the Texas case that blocked enforcement in August. ATF still processes filings: its press release says that “[b]ecause many state laws require individuals to register NFA firearms, ATF will continue to process NFA applications that are submitted.” Filing is now voluntary.
What is still required
- Machine guns and destructive devices:unchanged. ATF says “all NFA provisions still apply” to them, the $200 tax included.
- A Form 20to take a short barreled rifle or shotgun across state lines, “even if the firearms are not registered.”
- Dealer sales:“all recordkeeping and background check requirements under the GCA remain in place,” so a Form 4473 and a background check.
- Businesses in NFA items still owe the special occupational tax.
- State law, which ATF’s guidance does not touch.
Your state’s law comes first
Many states make it a crime to possess a suppressor or a short barreled rifle, then exempt items registered under the National Firearms Act. Those exemptions still point at the federal registry, and the registry is now voluntary.
Georgia is a clear example. Georgia law makes it a crime to possess a silencer, a short barreled rifle or a short barreled shotgun (O.C.G.A. § 16-11-122), and the exemption covers items registered under the National Firearms Act (O.C.G.A. § 16-11-124). On a plain reading, an unregistered suppressor or SBR in Georgia is still a state crime, even though ATF no longer requires the registration. Georgia is not the only state built this way. ATF says it cannot settle this for you:
“ATF cannot opine on whether holding an unregistered firearm or silencer pursuant to ATF's enforcement discretion will qualify for state-law purposes as lawfully held (or registered) under federal law.”
Know your own state’s law before you build or buy without filing. Our hope is that new court cases or state legislatures take this up; until one does, the state law is the law.
The risk ATF names
“Material changes in legal or factual circumstances could cause NFA enforcement to resume. For example, Congress could impose a new tax on NFA firearms, the district court's injunction could be dissolved or overturned, or the Department could rescind the enforcement guidelines.”
“Federal law does not generally permit subsequent registration of unregistered NFA items nor are there provisions that would automatically grandfather unregistered NFA firearms.”
The FAQ also says the NFA “treats unregistered firearms as contraband.” The one way back it names is an amnesty of up to 90 days, and ATF adds: “The Attorney General is not required, however, to hold an amnesty or to provide forbearance.”
Should I still file?
That is your decision, and this is not legal advice. People still file because their state’s exemption depends on federal registration, because they want a federal registration that does not depend on an enforcement policy holding, or because they are buying a machine gun or destructive device, which still requires it. If you file, NFA Watch keeps tracking how long approvals take.
Frequently asked questions
Do I still need a tax stamp for a suppressor?
Not under federal enforcement policy as of October 9, 2026. ATF's open letter says that effective that day, 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 AOWs, and will no longer require them to be registered. Filing is voluntary, and ATF's press release says it "will continue to process NFA applications that are submitted." State law is a separate question: many states make an exception only for items registered under federal law. This is not legal advice.
Is a Form 1 still required to make an SBR?
ATF no longer requires one as of October 9, 2026, and it still accepts Form 1 applications from anyone who wants the item registered. Two things did not change: taking a short barreled rifle or shotgun across state lines still calls for a Form 20, which ATF's letter says individuals "should continue to file Form 20s, even if the firearms are not registered," and state law, which in states like Georgia exempts only federally registered items. This is not legal advice.
Is a Form 4 still required to buy a suppressor from a dealer?
ATF's letter covers "making or transferring" silencers, so it no longer requires approval for the transfer. The Gun Control Act still applies in full: the letter says "all recordkeeping and background check requirements under the GCA remain in place," so a dealer sale still means a Form 4473 and a background check. Your state's law may still require the item to be registered. This is not legal advice.
Do I need a tax stamp for a machine gun?
Yes. The change does not reach machine guns or destructive devices. ATF's letter says "all NFA provisions still apply to machineguns and destructive devices," including the $200 tax.
Can I register an unregistered suppressor or SBR later?
Possibly not. ATF's FAQ says: "Federal law does not generally permit subsequent registration of unregistered NFA items nor are there provisions that would automatically grandfather unregistered NFA firearms." The one exception it names is an amnesty of up to 90 days that the Attorney General may hold, and ATF says the Attorney General "is not required, however, to hold an amnesty or to provide forbearance." Filing now remains available to anyone who wants the federal registration. This is not legal advice.
Is an unregistered suppressor legal in Georgia now?
Not on a plain reading of Georgia law. Georgia makes it a crime to possess a silencer, short barreled rifle or short barreled shotgun (O.C.G.A. § 16-11-122) and exempts items registered under the National Firearms Act (O.C.G.A. § 16-11-124). ATF's guidance makes federal registration voluntary but does not change Georgia's statute. Ask a Georgia lawyer; this is not legal advice.
Get the monthly wait-time report
Once a month: Form 1 and Form 4 median waits for the month just closed, how they moved, and how many approvals were reported. One email a month — nothing else.
Waiting on a filing right now? Track it instead — you’ll get alerts when your own cohort moves, which is more useful than a monthly summary.
NFA Watch is an independent community project and is not affiliated with the ATF or U.S. government. Quotes are from ATF’s open letter, press release and FAQ of October 9, 2026. This page is general information, not legal advice; if it matters, ask a lawyer in your state.