Alaska's acting attorney general asks lawmakers to fix suppressor and short-barreled gun law after ATF stops enforcing registration

Alaska's acting attorney general, Cori Mills, is asking the state Legislature to clear up a legal gray area over suppressors, short-barreled rifles and short-barreled shotguns created by a federal court ruling and the ATF's decision to stop enforcing federal registration rules.

Until lawmakers act, the Alaska Department of Law has asked law enforcement agencies to consult state prosecutors before filing charges under the affected statute, the department said in an Oct. 15 release.

"The court made the right decision, and we appreciate the court recognizing federal overreach into our Second Amendment rights," Mills said. "While a win for the Second Amendment, the court case and the ATF's guidance adds a level of confusion for many Alaskans who want access to these firearms but don't see the legal way forward in ownership under existing law".

How the gray area arose

The National Firearms Act of 1934 long required buyers of suppressors and short-barreled rifles and shotguns to pay a $200 tax stamp, apply to the ATF and register the item, the department said. Congress eliminated the $200 tax through the One Big Beautiful Bill Act, effective Jan. 1, 2026, but left the registration and approval rules in place.

Alaska joined 14 other states, six businesses and associations, a nonprofit and one gun owner in suing, arguing Congress no longer had authority to enforce those rules once the tax was gone. On Aug. 5, a federal district court ruled in Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives that the requirements could not be enforced against the plaintiffs, according to the department. The U.S. Justice Department did not appeal.

Although the ruling covered only the plaintiffs, the ATF then said it would stop enforcing the approval and registration requirements nationwide, while still accepting voluntary registrations because some state laws, including Alaska's, refer to federal registration.

Under Alaska law, possessing certain prohibited weapons is a crime, but people who complied with federal registration have an affirmative defense. With federal enforcement halted, the department says it is unclear how that statute should work.

Lawmakers respond

State Sen. Scott Kawasaki, D-Fairbanks, has pre-filed Senate Bill 243 to bring state law in line with the federal change, Alaska's News Source reported. "I think that there's a good group of both Democrats and Republicans that are willing to see this through to the end," Kawasaki said. He said the bill was first introduced in February but stalled last session amid other priorities.

Republican Rep. Mike Prax said in a Facebook post that he supports Mills and is working on a companion bill for next session, the station reported.

A caution from a gun shop owner

Christopher Farmier, president and owner of the gun shop Diamond Spear, told Alaska's News Source that buyers should be careful because ATF's change is guidance, not law. "It could change back just as fast as it changed this way," he said.

Why it matters

The ATF said it would keep accepting voluntary registrations because several states, including Alaska, have laws that reference federal registration. Until Alaska's Legislature acts, the Department of Law says it will weigh any prosecution under the statute against the court decision, ATF guidance and constitutional considerations.