Lawmakers and organizations advocating for Second Amendment rights are celebrating recent guidance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) following a federal judge’s decision concerning the National Firearms Act (NFA). However, they caution that additional steps are necessary to ensure these changes are lasting.
This new guidance, which came out on Friday in an open letter along with a more comprehensive FAQ document, was directed at all federally licensed firearms dealers (FFLs) explaining how the ATF plans to apply federal laws in light of the ruling, without overriding local regulations. Adam Kraut, Executive Director of the Second Amendment Foundation (SAF), acknowledged the guidance is a step forward but emphasized it isn’t a “permanent fix.”
“While the guidance released today addresses some logistical questions about the Jensen injunction, it remains just that—guidance—so it cannot resolve many of the NFA’s ongoing issues,” Kraut stated. “For that reason, we’ll continue with our other two NFA cases – Brown v. ATF and Roberts v. ATF – so that citizens can be free from this unconstitutional infringement on their Second Amendment rights.”
U.S. District Judge James Wesley Hendrix of Texas ruled on Aug. 5 to invalidate certain NFA requirements, claiming that eliminating the transfer tax to $0 in the upcoming One Big Beautiful Bill Act rendered the NFA’s registration and processing demands unconstitutional. The Justice Department communicated to Congress that it would not be contesting this decision in a letter dated Sept. 24.
According to John Commerford, Executive Director of NRA-ILA, “The NRA collaborated closely with pro-gun lawmakers to eliminate the unconstitutional NFA tax. After this legislative achievement, we took the opportunity to challenge the NFA in court, including Jensen v. ATF, and secured a victory.” He further added, “Now the Trump administration has confirmed it will no longer treat law-abiding Americans like they need special permission to own suppressors, rifles, or shotguns. While this is an important victory, more work remains to ensure that all law-abiding Americans can access these rights, no matter their state.”
As part of the new guidance, the ATF will no longer require Form 4s for transferring suppressors, short-barreled rifles, short-barreled shotguns, and other weapons. However, the agency clarified that state and local laws remain unaffected by the injunction, and the court did not amend laws regarding transportation of specific items.
Colorado Representative Lauren Boebert, who co-chairs the Second Amendment Caucus, commended the new guidance. “This is a long-overdue win for law-abiding Americans and is a direct consequence of the courts and Congress making the right decisions,” she remarked. “I’m proud to have voted for the One Big Beautiful Bill, which included the provision removing the NFA tax on short-barreled rifles, short-barreled shotguns, suppressors, and certain other firearms.”
Boebert also mentioned, “Once the tax was abolished, the entire registration scheme lost its constitutional validity. The Justice Department’s stance finally brings that reality home for gun owners nationwide.”
Georgia Representative Andrew Clyde similarly celebrated the guidance on social media. He stated, “Effective today, the ATF will no longer require individuals to seek ATF approval under the NFA before making or transferring suppressors, SBRs, SBSs, and AOWs. This marks the biggest restoration of Americans’ Second Amendment rights in history.”
United States District Judge Stephen R. Clark, also a Trump appointee, has scheduled a status conference for Brown v. ATF, a comparable case to the one in Texas, for Oct. 22.
Alan M. Gottlieb, founder and Executive Vice President of SAF, expressed optimism in a statement. “After decades under NFA restrictions, all citizens can now take a step forward in exercising their Second Amendment freedoms. SAF has fought for over 50 years to protect the right to keep and bear arms for future generations. While we continue to seek a more permanent solution, we welcome this guidance and thank the administration for acknowledging the NFA’s unconstitutional registration demands.”
“We will keep our members, donors, and supporters informed as we review the entire document, but today is definitely a positive day for Second Amendment rights,” Gottlieb concluded.
