ATF stops enforcing registration rules for suppressors and certain short-barreled guns

ATF stopped enforcing several National Firearms Act requirements for suppressors, short-barreled rifles and short-barreled shotguns on October 9. The nationwide policy follows an August ruling by a federal judge in Texas.

The change covers prior approval for making and transferring those items, registration and related requirements. It also applies to certain concealable firearms classified under the National Firearms Act as “any other weapons.” ATF issued guidance for owners and people involved in firearms transactions.

Judge James Wesley Hendrix found the relevant provisions unconstitutional after Congress eliminated the $200 making and transfer tax on the covered items. The 1934 law rested on Congress's taxing power. The judge concluded that the absence of revenue from the tax undermined the legal basis for those regulatory requirements.

The injunction initially protected parties to two consolidated cases and associated groups of people. The plaintiffs included 15 states, Gun Owners of America, the Gun Owners Foundation and individual gun owners. The Justice Department decided in September not to appeal, and has now extended its non-enforcement policy beyond the plaintiffs.

State and local restrictions still apply. ATF will continue processing voluntary applications needed to comply with those rules. Machine guns and destructive devices remain subject to the full National Firearms Act, including the $200 tax. The new policy addresses specified requirements and categories of items rather than repealing the federal law.