Tag Archives: short-barreled rifles

ATF shrugs and gives up (for now) on suppressors, SBRs, SBSs

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In the aftermath of a Texas federal court ruling and sweeping legislative changes brought about in the “One Big Beautiful Bill,” the ATF has issued official guidance halting the enforcement of traditional National Firearms Act (NFA) transfer, registration, and tax-stamp requirements for short-barreled rifles, short-barreled shotguns, suppressors, and “any other weapons.”

After U.S. Attorney General Todd Blanche declined to appeal Silencer Shop Foundation v. ATF, the Department of Justice exercised its enforcement discretion and applied this relief nationally to all gun owners rather than limiting it strictly to the lawsuit’s plaintiffs.

“The direction from the President, Congress, and the courts is clear,” said ATF Director Rob Cekada in a statement. “ATF is now following suit with our enforcement posture while continuing to ensure we remain focused where we are needed the most: combatting violent crime in American communities.”

While the pause in federal enforcement of NFA provisions is at the executive, or White House, level, it could be turned back “on” with very little notice, leaving Congress to make a more lasting fix. However, if thousands of devices are released in the coming months, it may be a “closing the barn door after the horses left” moment to try to revert to the pre-Silencer Shop Foundation ruling status quo.

Moreover, and this is important, dozens of states have their own local restrictions on suppressors and short-barreled firearms, so the pitfalls can remain real for millions of Americans.

Machine guns and destructive devices remain fully subject to NFA regulations and their $200 tax stamps.

Further, Gun Control Act of 1968 standards – including Form 4473 background checks via licensed dealers, interstate transport approval via Form 20, and all applicable state or local regulations – remain fully in effect.

More in my article on Guns.com.

About your grandpa’s old machine gun in the closet…

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A Japanese Type 11 light machine gun– Kijiro Nambu’s take on the French 8mm Hotchkiss chambered in 6.5x50mm Arisaka– captured on Kwajalein Atoll in 1944 by American troops. Such guns, if not registered before 1968 and not demilled, are illegal in the U.S. (Photo: Rock Island Auction)

Many veterans legally brought back captured enemy weapons from overseas in the wake of America’s wars. Provided they had the right paperwork, some could properly register NFA items as Title II firearms before 1968. Others, who either didn’t have the paperwork or chose not to register, illegally owned their trophies after that date and often these guns are still in circulation– putting the possessor at risk of up to 10 years in prison.

Well that could change.

Legislation introduced in both chambers of Congress Tuesday would open a 180-day amnesty for veterans or their family to register guns captured overseas.

The bipartisan Veterans Heritage Firearms Act aims to allow former service members or their family to declare guns brought back to the states before Oct. 31, 1968 without fear of prosecution.

The bill would briefly open the National Firearm Registration and Transfer Record to veterans and their family to register certain firearms. The NFRTR is the federal government’s database of National Firearms Act items including machine guns, suppressors, short barreled rifles and shotguns, and destructive devices.

More in my column at Guns.com.