A potential future administration could reverse the ATF’s recent guidance on suppressor registration requirements, according to a legal expert on the Second Amendment. This warning was shared with the Daily Caller News Foundation recently.
The ATF’s new guidelines, which were unveiled in an open letter along with a more detailed FAQ document, were distributed to federally-licensed firearms dealers. They outline how the agency plans to apply federal laws in light of a recent court ruling that eliminated the registration process for items like suppressors. The guidance also emphasizes that state and local laws would not be overridden. However, the letter cautioned that this guidance isn’t set in stone and could be modified by a different administration—something emphasized by Konstadinos Moros, Director of Legal Research and Education at the Second Amendment Foundation. (RELATED: Next Front Just Opened In Second Amendment War Over Suppressors)
➡️ATF has published an Open Letter and FAQ on NFA transfers of short-barreled rifles, short-barreled shotguns, suppressors (silencers), and “any other weapons.” ➡️Still required: 4473s, NICS checks, compliance with state/local laws, and Form 20s for interstate transport of SBRs/SBSs. More at https://t.co/Es3brUq6RA.
— ATF HQ (@ATFHQ) October 9, 2026
Moros highlighted that a district court had ruled the registration requirements unconstitutional based on the taxing authority. Since the DOJ opted not to appeal the ruling, the ATF guidance reflects this non-enforcement. Nevertheless, he pointed out that if an anti-gun president, like Newsom, were to take office in 2029, they could instruct the ATF to resume enforcement and challenge the court’s ruling.
“You could see enforcement in another region of the country, leading to legal battles again,” Moros added, observing the uncertainty of the consequences should the gun community lose in court. “I suspect there would be a grace period of perhaps 90 days for everyone to register their items before enforcement kicked back in.”
The ATF announced that it will no longer demand Form 4s for the transfer of suppressors, short-barreled rifles, short-barreled shotguns, and other firearms not explicitly defined by federal law.
This decision follows a ruling made by U.S. District Judge James Wesley Hendrix, a Trump appointee, on August 5, which invalidated certain NFA requirements. The ruling stemmed from the introduction of the One Big Beautiful Bill Act in 2025, which eliminated the transfer tax, rendering the NFA’s registration process unconstitutional. The Justice Department communicated to Congress on September 24 that it would not appeal this decision.
