Trying to decide how to explain this to Mrs bigredfish…..
Trying to decide how to explain this to Mrs bigredfish…..
Huge News!
"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” 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. These policies apply uniformly to anyone otherwise subject to these requirements, not just to the plaintiffs in the litigation."
* Note: this does not repeal or cancel anything with respect to the NFA.
This is simply ATF saying they aren’t going to enforce it.
State laws may still apply
The courts ruled the law unconstitutional as there is no tax, so there is not law to enforce.
Meanwhile in Hawaii...
View attachment 250231
Apparently FFL dealers have been advised...When did the courts rule the NFA unconstitutional?
The law is still on the books
This is the ATF choosing not to enforce, they say it themselves.
The courts issued an injunction that has a long way to go. And as the ATF FAQ shows, it’s gray and will be messy short term.
Does the district court’s order bind other courts?
No. U.S. District Court orders generally have no binding effect on other federal courts or on state courts. Other courts could reach different conclusions about whether the NFA is a valid exercise of Congress’s taxing power or interstate commerce power.
How should an FFL transfer short-barreled rifles and short-barreled shotguns?
The GCA prohibits an FFL from selling or delivering a short-barreled rifle or short-barreled shotgun, except as specifically authorized by the Attorney General. 18 U.S.C. 922(b)(4). Traditionally, the NFA approval process satisfied this requirement. Although the district court enjoined the NFA approval process, it did not enjoin the GCA authorization requirement.
At this time, no regulatory mechanism exists to authorize FFLs to transfer short-barreled rifles or short-barreled shotguns outside the NFA process. ATF understands the burden this will create, and ATF is creating forms and drafting regulations as quickly as possible to implement a non-NFA approval process. To deal with the disruption that gap will create in the interim, ATF will exercise its enforcement discretion and not enforce 18 U.S.C. § 922(b)(4) until such regulations exist.
The GCA transfer approval requirement does not apply to transfers to state entities because of a GCA exception for government entities. 18 U.S.C. § 925(a). Consequently, apart from any enforcement-discretion determination, federal law permits FFLs to continue transferring short-barreled rifles and short-barreled shotguns to state and local governments for official use.
What are the legal risks of making, possessing, or transferring $0-tax firearms?
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.
The NFA treats unregistered firearms as contraband. Individuals who make, possess, transfer, or receive unregistered NFA firearms are subject to felony penalties and forfeitures. 26 U.S.C. §§ 5861, 5871, 5872; 49 U.S.C. §§ 80302, 80303.

