ATF NFA non-enforcement: what changed Oct. 9, and what North Carolina law and dealer rules still require

As of 9:11 a.m. ET, Tuesday, Oct. 20, 2026

The Justice Department told a federal judge in Texas on Oct. 12 that, as of Oct. 9, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) "will no longer enforce" the challenged National Firearms Act (NFA) provisions "against anyone or as to any transactions to which those provisions apply," according to the government's court filing. ATF's guidance applies to short-barreled rifles (SBRs), short-barreled shotguns (SBSs), silencers and "any other weapons" (AOWs), according to a Second Amendment Foundation release quoting it.

The policy is enforcement discretion, not a repeal. The NFA has not been changed by Congress. North Carolina's law on these items has not changed either.

GROKsiNEWS.com first reported the ATF policy on Oct. 12, reported on how states are reading it on Oct. 15, and explained ATF's FAQ on Oct. 16. This update adds the government's latest court filing and the text of North Carolina's statute.

What changed on Oct. 9

ATF issued an open letter and a set of frequently asked questions on Oct. 9, according to the Justice Department's Oct. 12 filing, which cites both documents on atf.gov. The filing says that under that guidance there are no transactions for which ATF will require a licensed dealer to submit a Form 4, and no buyers ATF will require to register an SBR, SBS, suppressor or AOW bought from a dealer.

The NRA's Institute for Legislative Action, a gun-rights group, summarized the guidance on Oct. 9. It said ATF will not require approval before making or transferring these items and will not enforce NFA registration or tax-stamp requirements for them.

A Second Amendment Foundation release published Oct. 13 quoted ATF's guidance as saying the "nonenforcement only extends to firearms on which Congress eliminated the making and transfer taxes." The release said those taxes were eliminated in the One Big Beautiful Bill Act.

GROKsiNEWS.com's Oct. 16 report on ATF's FAQ said ATF also listed the NFA marking requirement and the ban on taking unregistered NFA items across state lines (26 U.S.C. § 5861(j)) among provisions it will not enforce for these items.

What still applies under federal law

Machine guns and destructive devices. The $200 NFA tax "and the full NFA regime" remain in place for machine guns and destructive devices, NRA-ILA said in its Oct. 9 summary.

Dealer rules. Licensed dealers must still complete Form 4473, run a National Instant Criminal Background Check System (NICS) check and keep records required by the Gun Control Act, according to NRA-ILA.

Crossing state lines with an SBR or SBS. Federal law at 18 U.S.C. § 922(a)(4) makes it unlawful for anyone other than a licensed importer, manufacturer, dealer or collector to transport a short-barreled rifle or shotgun in interstate or foreign commerce "except as specifically authorized by the Attorney General consistent with public safety and necessity." NRA-ILA said that interstate transport of these guns "still requires ATF approval on a Form 20." The statute does not mention suppressors.

Serial numbers. GROKsiNEWS.com reported on Oct. 16 that, according to ATF's FAQ, licensed manufacturers must still serialize firearms and silencers, and that ATF still enforces § 5861(h), which bars NFA firearms with obliterated serial numbers.

State law. NRA-ILA said state and local laws are unaffected, and that ATF will keep processing NFA applications filed for states that still require them.

What North Carolina law says

North Carolina General Statute 14-288.8 makes it unlawful to "manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire" a "weapon of mass death and destruction." A violation is a Class F felony.

The statute's definition includes "any muffler or silencer for any firearm." It also includes shotguns with a barrel under 18 inches or an overall length under 26 inches, and rifles with a barrel under 16 inches or an overall length under 26 inches. Fully automatic firearms are also covered.

The law exempts "persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871," which is the NFA. The same exemption says that nothing in it "shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon." A separate exemption covers importers, manufacturers, dealers and collectors licensed under federal or North Carolina law, while they are lawfully engaged in activities their licenses authorize.

The statute does not say how the exemption applies when ATF is not enforcing NFA registration. GROKsiNEWS.com found no North Carolina court ruling, attorney general opinion or legislative change on that question in the sources reviewed for this report. This article is not legal advice.

Where the court case stands

The policy grew out of Silencer Shop Foundation v. ATF, No. 6:25-cv-56-H, in the U.S. District Court for the Northern District of Texas, San Angelo Division, consolidated with Jensen v. ATF. On Aug. 5, 2026, U.S. District Judge James Wesley Hendrix entered a final judgment with a permanent injunction.

The judgment bars ATF and the Justice Department from enforcing listed NFA provisions "as to untaxed firearms against the plaintiffs and, where applicable, the plaintiffs' agencies, political subdivisions, members, and customers—both current and future." The listed provisions include 26 U.S.C. §§ 5812(a)–(b), 5822, 5841(a)–(c) and (e), and 5861(b)–(f), plus two ATF regulations.

On Sept. 11, nine of the case's 15 plaintiff states asked the judge to clarify whether the injunction applies statewide to all relevant transfers in those states, and whether ATF must notify or identify people covered by it. The motion was signed by attorneys for Kansas, Texas, Alaska, Indiana, Louisiana, North Dakota, Oklahoma, South Dakota and Utah. North Carolina is not among them.

On Oct. 1, the Justice Department asked for 10 more days to respond. It cited a Sept. 24 letter from the Solicitor General telling Congress the department "has determined not to file an appeal," and said ATF was working to finalize public guidance. The judge granted the request on Oct. 2 and set an Oct. 12 deadline, according to the court docket.

In its Oct. 12 response, the department argued that no clarification is needed because ATF is not enforcing the challenged provisions in any state. It also argued that the injunction "cannot be fairly read" to bar enforcement against all persons and transactions within the plaintiff states. The filing pointed to a separate suit several states filed in Missouri, Brown v. ATF, No. 4:25-cv-1162 (E.D. Mo.).

The CourtListener copy of the docket, last updated Oct. 19, lists the government's Oct. 12 response as the most recent filing and shows no ruling on the states' motion. The Second Amendment Foundation said in its release that its other NFA cases, Brown v. ATF and Roberts v. ATF, "will continue."