Gun owners will no longer be required to federally register or seek advance approval to manufacture or transfer silencers, short-barreled rifles, short-barreled shotguns, and "Any Other Weapons" (AOWs), the Bureau of Alcohol, Tobacco, Firearms and Explosives announced Friday — a move that eliminates months of waiting and a $200 tax stamp that had been mandatory since 1934.
In a letter to federal firearms licensees, ATF Director Robert Cekada said the agency is following direction from all three branches of government. "The direction from the President, Congress, and the courts is clear," Cekada said. "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."
The regulatory shift stems from the One Big Beautiful Bill Act, in which Congress reduced NFA manufacturing and transfer taxes to $0 for silencers, short-barreled rifles, short-barreled shotguns, and AOWs. Following that legislation, a federal judge in Texas issued an injunction in August, concluding that because Congress eliminated the underlying tax, the NFA's mandatory registration and transfer provisions could no longer be justified under Congress's constitutional taxing power. The ruling initially applied only to the plaintiffs, but the Justice Department subsequently extended its nonenforcement policy nationwide.
According to Fox News Politics, U.S. District Judge James Wesley Hendrix of the Northern District of Texas, a Trump appointee, handed down the ruling striking down the NFA requirements on Aug. 5. The Justice Department informed Congress it would not appeal the decision in a Sept. 24 letter, according to The Daily Caller.
John Commerford, executive director of the National Rifle Association, praised the announcement in a statement. "This is what happens when all three branches of government are willing to follow the Constitution," Commerford said. "Now the Trump administration has confirmed it will stop treating law-abiding Americans as if they still need special permission from the government to own hearing protection, rifles, or shotguns."
The practical effect is immediate for buyers in most states. According to Outdoor Life, the Form 4 — the lengthy federal application that could take months to process — is no longer required for suppressor transfers under federal law. Instead, a standard 4473 form, the same one used to transfer a regular firearm at a gun shop, can now be used for same-day, over-the-counter suppressor purchases.
The ATF will continue to process Form 4 applications because many states still require federal NFA transfers to ensure suppressors are legal there. According to Outdoor Life, these are not required for federal suppressor compliance but will be necessary for residents of 15 states that currently require federal approval.
Machine guns and destructive devices remain subject to NFA requirements, and federal approval is still required for those items. All transactions also remain subject to the Gun Control Act, meaning licensed dealers are still required to perform standard background checks and maintain transaction records.
The Firearms Policy Coalition announced that its lawyers sent letters to the attorneys general of 15 states that still tie the legality of silencers and other items to federal NFA registration, according to a statement from the organization.
Republican Colorado Rep. Lauren Boebert, who co-chairs the Second Amendment Caucus, praised the guidance, according to The Daily Caller. However, pro-Second Amendment organizations cautioned that the change is not permanent. The Texas ruling is based on taxation power related to the NFA suppressor stamp dropping from $200 to $0 — not on Second Amendment rights. That distinction matters because a future administration could attempt to undo the current basis for the ruling.
Chief United States District Judge Stephen R. Clark of the Eastern District of Missouri, a Trump appointee, has scheduled a status conference for Brown v. ATF, a similar case to the one in Texas, for Oct. 22, according to The Daily Caller.
Our Take
For nearly a century, Americans have been forced to beg the federal government for permission to own a piece of metal designed to protect their hearing. The National Firearms Act of 1934 was never about public safety — it was about taxing and registering firearms that the government feared. Now, thanks to President Trump, a Republican Congress, and a federal judge who actually read the Constitution, that scheme is collapsing.
The ATF's announcement is a victory for every patriot who believes the Second Amendment means what it says. No longer will law-abiding Americans wait months for a bureaucrat's stamp of approval to buy a suppressor. No longer will they be treated as suspects for exercising a right that "shall not be infringed."
But hold on, folks. This isn't over. The change rests on a court ruling about taxing power, not on the Second Amendment itself. That means a future Democrat administration — one with a compliant ATF director and a friendly judge — could try to resurrect this registration scheme. The only permanent fix is for Congress to pass the Hearing Protection Act and repeal the NFA's unconstitutional provisions outright. Until then, your rights are only as secure as the administration enforcing them.
The question now: will Republicans in Congress finish the job, or will they let this victory slip away?
