State law
What changed federally, and what did not
From ATF's open letter of October 9, 2026 and the questions and answers ATF published with it, following Silencer Shop Foundation v. ATF (N.D. Tex. Aug. 5, 2026):
Changed
For short-barreled rifles, short-barreled shotguns, silencers and "any other weapon" (26 U.S.C. § 5845(e)) only, ATF says it will no longer enforce:
- Approval. The requirement to apply for and get ATF approval before making or transferring one. No Form 1 or Form 4 is needed.
- Registration. The requirement to register one in the National Firearms Registration and Transfer Record, and the bans on making, receiving, transferring or possessing an unregistered one.
- Engraving. The NFA requirement to mark these firearms. A person who makes one no longer has to engrave it under the NFA. Licensed manufacturers must still serialize every firearm and silencer under the Gun Control Act, and possessing one with an obliterated serial number is still a crime (26 U.S.C. § 5861(h)).
- Interstate transport of unregistered items. The NFA ban on carrying an unregistered one across state lines (26 U.S.C. § 5861(j)). Short-barreled rifles and shotguns still need a Form 20; see below.
The policy applies to everyone, not only the plaintiffs in the case. Registration remains available: ATF still accepts Forms 1, 2, 3 and 4 on a voluntary basis. Source: open letter, p. 2; ATF Q&A, "Will ATF apply this ruling nationally?"
The risk ATF itself points out
- This is a decision not to enforce, and ATF says enforcement could resume if Congress adds a tax, the injunction is overturned, or the Department withdraws the policy.
- The NFA still treats an unregistered item as contraband, with felony penalties and forfeiture.
- ATF says federal law does not generally allow an unregistered item to be registered later, and nothing automatically grandfathers items made or bought under this policy.
- If you ask ATF to remove an item you already registered, ATF says it cannot be re-registered unless the Attorney General declares an amnesty. That matters in states where the law depends on registration.
Source: ATF Q&A, "Future Risk"; penalties at 26 U.S.C. § 5871 and forfeiture at § 5872.
Where Form 4473 and a background check fit
Form 4473 is the record a licensed dealer fills out with the buyer when it transfers a firearm. It is a Gun Control Act requirement, so the NFA change did not touch it. For the four items ATF stopped requiring registration for:
| Situation | Form 4473 and background check? | What else applies federally |
|---|---|---|
| Buying from a licensed dealer | Yes. The dealer must get a Form 4473 and, unless an exemption applies, run a NICS check. | With limited exceptions the dealer may sell only to residents of its own state, and never in violation of state or local law (18 U.S.C. § 922(b)(2)). |
| Making one yourself, for yourself | No. No dealer is involved, so there is no Form 4473, and ATF no longer requires a Form 1. | You may not be a prohibited person (§ 922(g)), and you may not be "engaged in the business" of making them without a licence. |
| Private sale or gift between two residents of the same state | Not under federal law. No Form 4473 and no ATF approval. | You may not transfer to someone you know or have reason to believe is a prohibited person (§ 922(d)). State law may add a background check or ban the transfer; this site has not researched state rules on private sales. |
| Private transfer to a resident of another state | Yes, in practice. An unlicensed person may not transfer directly to a resident of another state (§ 922(a)(5)), so it goes through a dealer, who completes a Form 4473. | Both states' laws apply. |
| Dealer to dealer | No. Form 4473 is for transfers to unlicensed people. | ATF no longer requires a Form 3; it can be filed voluntarily. Dealers still keep their Gun Control Act records. |
| Short-barreled rifle or shotgun from a dealer | Yes, as for any dealer sale. | The Gun Control Act separately bars dealers from selling these without authorization (§ 922(b)(4)). ATF is not enforcing that while it writes a new approval process. |
| Machine guns and destructive devices | Nothing changed. ATF approval and registration (Form 1 or Form 4) are still required before making or transfer. | |
Source: ATF Q&A, "Industry Guidance" and "Unlicensed Individuals"; the Form 4473 requirement is at 27 C.F.R. § 478.124.
Not changed
- Machine guns and destructive devices. Every NFA provision and the $200 tax still apply.
- The Gun Control Act. All of these items are still "firearms". Background checks, dealer recordkeeping and the ban on possession by prohibited persons remain (18 U.S.C. § 921(a)(3), § 922(d), (g), (n), (t)).
- Dealers and manufacturers. The special occupational tax still applies, and licensees may not transfer a firearm in violation of state or local law (18 U.S.C. § 922(b)(2)).
- Transporting short-barreled rifles and shotguns. ATF says to keep filing Form 20 even for unregistered firearms (18 U.S.C. § 922(a)(4)). ATF will not enforce § 922(b)(4) while it writes new regulations.
- State and local law. Many states ban these items with an exception for ones registered or possessed in compliance with federal law. An unregistered item can still be a state crime.
- Travel through other states. ATF says it is unclear whether state courts will apply the 18 U.S.C. § 926A safe harbor to unregistered NFA items, and advises caution in states that prohibit them.
Source: open letter, pp. 2–3 (the five limits), and the ATF Q&A. Statute links go to Cornell Law School's Legal Information Institute copy of the U.S. Code.
How to read the statuses
Each entry is taken from the official state legislature website linked beside it. A quoted passage is the statute's own wording. "Not yet researched" means no one has checked that state for this site; it says nothing about the law there.
Disclaimer
No legal advice and no attorney-client relationship. Nothing on this site is legal advice. Using it does not make anyone your lawyer. It is not a substitute for advice from an attorney licensed in your state who knows your facts.
It may be wrong. The entries were compiled from state legislature websites with the help of AI research tools and have not been reviewed by an attorney. Statutes are amended, and a quoted passage may be out of date after the "checked" date shown on each state. An entry can also be wrong on the day it was written.
It is incomplete. The site looks at state statutes only. It does not cover court decisions, attorney general opinions, agency rules, or city and county ordinances, any of which can change the answer. "No state restriction found" means only that the statutes checked did not contain one. "Not yet researched" says nothing about the law in that state.
Federal policy can change. ATF's October 9, 2026 letter is an enforcement policy. The underlying statute has not been repealed, the litigation is not necessarily over, and the policy can be withdrawn or changed without notice. Machine guns and destructive devices are still fully regulated.
You are responsible for your own compliance. Violations of these laws are often felonies carrying prison time and the loss of the right to own firearms. Do not rely on this site to decide whether something is legal. Check the statute at the link provided, and ask an attorney or the relevant law enforcement agency.
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