re: Judge rules that major portions of the National Firearms Act are unconstitutional

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When a massive barrier to entry is eliminated, by the nature of basic economics, more competition will enter the market and apply downward pricing pressure.

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I see $200 cans popping

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Besides a photo and fingerprints what more does the Nfa process do that isn’t captured by a 4473?

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Although the district court’s injunction applies only to plaintiffs and certain other specified
persons, the Department has determined to exercise its enforcement discretion to create greater
uniformity, consistent with the Attorney General’s statement today. 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. These policies apply
uniformly to anyone otherwise subject to these requirements, not just to the plaintiffs in the
litigation.
ATF will continue to administer the NFA on a voluntary basis. ATF will accept Form 1
applications to make or register these firearms and devices by those making such items. ATF
will also accept Form 3 or Form 4 applications to transfer or register such items. Manufacturers
are allowed to report the manufacture of these items on a Form 2.
Interested parties, however, should note five limits of this change in enforcement policy. First,
the NFA still imposes special (occupational) taxes on any person engaged in the business of
manufacturing, importing, or dealing in all NFA firearms and devices, including short-barreled
rifles, short-barreled shotguns, silencers, and “any other weapon[s]” as defined in 26 U.S.C.
§ 5845(e). The district court’s injunction does not affect these taxes. Consequently, those
engaged in the business must continue to pay applicable taxes on their businesses.
Second, the injunction does not disturb the NFA’s application to machineguns and destructive
devices. The One Big Beautiful Bill Act maintained the $200 tax on such items. Consequently,
all NFA provisions still apply to machineguns and destructive devices.
Third, the district court did not enjoin any provision of the Gun Control Act of 1968 (GCA). The
GCA’s definition of “firearms” includes all firearms and suppressors and thus extends to short-
barreled rifles, short-barreled shotguns, silencers, and “any other weapon[s].” Because these
NFA firearms and devices are statutory “firearms” under the GCA, they may not be possessed by
prohibited persons, and all recordkeeping and background check requirements under the GCA
remain in place. See, e.g., 18 U.S.C. §§ 921(a)(3); id. § 922(d), (g), (n), (t); id. § 923(g); 27
C.F.R. § 478.121, et seq.
Fourth, the district court did not enjoin the GCA’s restrictions on the transportation and sale of
short-barreled rifles and short-barreled shotguns. See 18 U.S.C. § 922(a)(4), (b)(4). Individuals
transporting short-barreled rifles and short-barreled shotguns should continue to file Form 20s,
even if the firearms are not registered in the National Firearms Registration and Transfer Record.
ATF is working as quickly as possible to issue new regulations to authorize federal firearms
1 See Letter from Congressman Andrew S. Clyde, et al., to Attorney General Todd Blanche, Aug. 11, 2026, https://
clyde.house.gov/uploadedfiles/clyde_blancheletter_nfaruling_aug26.pdf. Office of the Director
licensees to transfer short-barreled rifles and short-barreled shotguns under the GCA. In the
interim, ATF will not enforce the provisions in 18 U.S.C. § 922(b)(4).
Fifth, the district court’s injunction and the enforcement policy announced by this Open Letter
do not affect state or local laws that govern NFA weapons. Most states have general criminal
prohibitions on the possession of some or all NFA items. These laws often have exceptions for
those NFA items possessed in compliance with or registered under federal law. Individuals,
including dealers, should consult their local law enforcement authorities or seek legal advice for
guidance on whether unregistered NFA items are lawful in their jurisdictions. Because
interpretations of state law may vary, local authorities should also be contacted, or other advice
sought, before transporting an unregistered NFA item into or through another jurisdiction.
Additionally, it is unclear whether state courts will apply the safe harbor created by 18 U.S.C.
§ 926A to interstate transportation of unregistered NFA items. Consequently, individuals should
exercise caution before transporting unregistered NFA items through states in which such items
are prohibited by law, even if the items are not prohibited in the originating and destination
states. The GCA also continues to prohibit federal firearm licensees from transferring statutory
firearms in violation of state or local law. 18 U.S.C. § 922(b)(2). The GCA defines “firearm” to
include all NFA items for which Congress eliminated the tax, including silencers. 18 U.S.C. §
921(a)(3).
Questions pertaining to this Open Letter should be directed toward ATF’s Firearms Indu

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