ATF ISSUES GUIDANCE ON NFA FIREARMS BASED ON FEDERAL COURT INJUNCTION

October 12, 2026 – As we previously reported, on August 5, 2026, Judge Hendrix of the U.S. District Court for the Northern District of Texas issued an order declaring certain provisions in the National Firearms Act (“NFA”) unconstitutional, and a permanent injunction enjoining their enforcement against the named plaintiffs, their members, and customers.  Today, the ATF Director Robert Cekada issued an Open Letter providing guidance to federal firearms licensees (“FFLs”) and the public regarding requirements for NFA firearms subject to the injunction.  The ATF also published a new FAQ Section on its website regarding the changes it is making in response to the injunction, as well as a Press Release regarding the changes.

As explained in the Open Letter, the ATF has decided to apply the injunction against certain provisions of the NFA to all FFLs and firearm owners, not just those that are covered by the terms of the court’s injunction.  This means that effective today:

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 ATF is still allowing NFA firearms to be voluntarily registered, which will allow them to continue to be lawfully transferred and possessed in states that only consider NFA firearms registered with the ATF to be legal.  Importantly, the changes outlined in the Open Letter, as well as the court’s injunction, do not apply to provisions of the Gun Control Act (“GCA”).  The ATF is in the process of amending its GCA regulations to provide for the approval of the sale of short-barreled rifles and short-barreled shotguns that was previously provided as part of the NFA transfer process.

If  you have questions regarding how the changes announced in the ATF’s Open Letter  apply to your business, including changes in policies and procedures to comply with the new guidance, and addressing how to deal with NFA firearms that are registered to you and can now be transferred using only a Form 4473, please  contact Christopher Renzulli.