Tuesday, October 13, 2026

California Medical Association’s Moral Failure on Suppressors

American-made rifle suppressor representing new federal export rules
Hearing specialists endorse firearm suppressors to reduce hearing-loss risk, especially when combined with conventional hearing protection. IMG Jim Grant

During my senior year in medical school, a madman in town randomly attacked several people with a hammer, slaying two and injuring eight others. Our chief of plastic surgery, a noted reconstructive surgeon, repaired the killer’s flexor tendons after he had attempted suicide by slitting his wrists. “He can hold a hammer again,” our teacher wryly noted after the successful trauma surgery. But with that bit of dark humor, he reinforced to us students a revered tenet of medical ethics—the principle of non-maleficence. That is, a doctor should never in the course of his or her professional work willfully do harm to another person. And that goes for the least among us, even a vile murderer.

The California Medical Association (CMA), in a callous move, has chosen to expedite harm to a group of people its leaders have held in contempt for decades—gun owners. Specifically, the CMA has refused to approve a resolution endorsing firearm suppressors (sometimes inaccurately called silencers) for hearing protection. These doctors, although they will furiously deny it to themselves and us, wish permanent and untreatable hearing loss on gun owners.

A little background here—in just a few years suppressors have been transformed, in the public mind, from an Al Capone-era gangster movie prop to a standard firearm accessory available in most states and widely across Europe. All but eight states and the District of Columbia have made suppressors legal, and the federal government has repealed the $200 “transfer tax” enacted in the 1930s to try to limit their use. A federal court has recently struck down the federal tax law that, oddly, still required the onerous registration process.

In just a few years, suppressors have become the go-to hearing protection device for America’s 80 million gun owners. As of July 1, 2026, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) reported 6.5 million suppressors (ATF still calls them “silencers”) registered to American gun owners. These would be hunters and sport shooters, since criminals almost never use suppressors and are disinclined to volunteer for fingerprinting, photos, and entering their names into a federal law enforcement database.

Although the public is still coming around to the truth that suppressors are used by normal people for hearing protection and are not preferred tools of gun-wielding criminals, the science has become well-established. Suppressors help prevent irreversible and untreatable inner ear hearing loss by reducing the punishing noise of gunshots. This noise has long been known to damage the delicate sensory cells of the inner ear.

The American Academy of Otolaryngology-Head and Neck Surgery (AAO-HNS) and the Academy of Doctors of Audiology have gone on record in support of suppressors. Noted ear surgeon Roberto A. Cueva, MD, a former president of the prestigious American Otological Society, was a co-author of the AAO-HNS position statement in support of suppressors for hearing protection (disclosure—I was a coauthor as well). The Centers for Disease Control and Prevention (CDC) has pronounced suppressors “The only potentially effective noise control method to reduce [shooters’] noise exposure from gunfire.” Suppressors are the very definition of an effective primary public health intervention.

So, why doesn’t the California Medical Association, whose mission statement claims “to promote…the protection of the public health,” heartily lend its official support? The reason becomes clear when we review some history.

A year and a half ago I submitted a resolution through the CMA’s established process for members, for approval by its House of Delegates, the CMA’s policy-making committee. The resolution simply calls for the CMA to endorse suppressors and recommend making their use legal by Californians (mere possession is a crime in California). By the rules, I first submitted it through the two local county medical societies representing doctors in my area. The local societies refused to support the resolution. When asked for a reason, the chair of the local House of Delegates district, family doctor Anupam Gupta, MD, replied “The district members decided not to back the resolution citing alignment with CMA’s existing stance on guns. They also discussed if the issue was Germaine [sic] to the health policy discussion and thought it wouldn’t be a policy to focus on by the CMA.”

From Dr. Gupta’s flippant non-answer emerges a kernel of truth—the CMA’s existing stance on guns has been to support every gun control law endangering California gun owners passed in the last three decades. And that’s quite a few.

One example among many is the notorious Proposition 63, a 2016 California ballot initiative that prohibited continuing to possess firearm magazines holding more than ten rounds. This law, part of which has been struck down in federal court, created a new class of criminals out of people who had not been criminals before. As federal district court judge Roger Benitez wrote in his injunction, “any previously law-abiding person in California who still possesses a firearm magazine capable of holding more than 10 rounds will begin their new life of crime.”

Do California Medical Association leaders really harbor such small-minded hatred for people who engage in the ages-old American tradition of gun ownership? Are they so spiteful or callous that they want gun owners not only to suffer an irreversible disability, but to be thrown in prison if they dare to put a muffler on their gun?

The suppressor-support resolution remains in limbo, stalled in a tortuous and glacial process at CMA headquarters. A year and a half now after I submitted the resolution, CMA staff will only tell me that the resolution has been held off from consideration until “a later cycle,” and that it has been assigned an agenda priority of dead last in a list of 18 submitted resolutions. Thus the CMA, in its passive-aggressive way, has made it clear that it has no intention of even considering it.

The CMA prides itself as a champion of “the science and art of medicine, the care and well-being of patients, the protection of the public health, the betterment of the medical profession, and…health equity and justice.” But it lacks the decency and basic human compassion to support that health for a particular class of people it has only contempt for—gun owners. For this, the leaders of the California Medical Association should be deeply ashamed.

Related: Everytown’s $10 Million Push Targets Eight House Races and Gun Rights


About Timothy Wheeler:

Timothy Wheeler, MD is a retired head and neck surgeon living in southern California. He is Director Emeritus of Doctors for Responsible Gun Ownership, a project of the Second Amendment Foundation. Dr. Wheeler got his training at Southern Illinois University School of Medicine, Case Western Reserve University Hospitals, and the Cleveland Clinic. He has authored dozens of opinion articles on the medical profession’s culture war on gun owners, appeared on national TV and multiple radio programs, has testified before California Senate and U.S. Senate and House committees on matters of guns and public health, and recently has authored a resolution endorsing firearm suppressors for hearing protection, adopted by the American Academy of Otolaryngology-Head and Neck Surgery.Timothy Wheeler, MD




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DOJ Opposes Broader NFA Court Protection After ATF’s Guidance

PTR MP5 with suppressor. IMG Duncan Johnson
DOJ confirms nationwide nonenforcement of challenged NFA requirements while opposing an interpretation that would protect every person and covered transaction within the plaintiff states. IMG Duncan Johnson

The Justice Department is asking a federal judge to leave a consequential question unanswered: Does the permanent injunction against challenged National Firearms Act requirements protect every gun owner and covered transaction within the plaintiff states?

In an October 12 filing in the consolidated Silencer Shop Foundation v. ATF and Jensen v. ATF litigation, DOJ argues that ATF’s nationwide nonenforcement policy makes that clarification unnecessary. The department confirms that ATF is no longer enforcing the challenged requirements against anyone, then argues that the court’s injunction does not independently protect everyone within the states that sued.

Gun owners have won a substantial restoration of their freedom to acquire suppressors, short-barreled rifles, short-barreled shotguns and “any other weapons,” or AOWs. But DOJ’s latest response shows why the fight for lasting protection remains unfinished.

DOJ Says Nationwide Nonenforcement Makes Clarification Unnecessary

As AmmoLand reported October 2, a group of plaintiff states sought clarification of the injunction’s reach and ATF’s obligations to explain it. DOJ requested additional time while the agency prepared public guidance. The department has now answered.

Its response says ATF’s October 9 open letter and accompanying FAQ provide the requested instructions. According to DOJ, ATF “will no longer enforce the challenged NFA provisions against anyone or as to any transactions to which those provisions apply.”

For the covered firearm categories, DOJ says there are no transactions for which ATF will require an FFL to submit a Form 4 and no individuals whom ATF will require to register to complete those purchases from an FFL.

AmmoLand’s October 9 guidance report explained that nationwide policy. It extends specified nonenforcement beyond people protected by the injunction, while applicable Gun Control Act requirements and state restrictions remain.

DOJ now relies on that policy to argue against further clarification:

“Because ATF is not enforcing the challenged NFA provisions in any state, clarifying whether the Court’s injunction entirely prohibits enforcement in a particular group of states would have no real world impact.”

That argument addresses today’s enforcement policy. The scope of a binding court order determines who has judicial protection if that policy changes.

DOJ Opposes Protection for Everyone Within the Plaintiff States

The response goes beyond arguing that clarification is unnecessary. DOJ expressly disputes the states’ broader interpretation.

The final judgment prohibits enforcement against the plaintiffs and, where applicable, their agencies, political subdivisions, members and customers. DOJ argues that this language does not prohibit enforcement against every person or transaction within the 15 plaintiff states.

The department says the states established standing through their own costs of acquiring and possessing NFA firearms, including for law-enforcement purposes. According to DOJ, that supports relief for the states as governmental entities, their agencies and political subdivisions—not everyone who lives or purchases a covered firearm within their borders.

DOJ also argues that the injunction contains no affirmative requirement to issue guidance. Adding one, it says, would modify the judgment rather than clarify it, and the states sought that change outside the applicable 28-day deadline.

These are the government’s arguments. The October 12 document is a response brief, not a new ruling accepting them.

The Missouri Fight Is Part of the Same Unfinished Battle

DOJ also points to the separate Brown v. ATF litigation in Missouri.

The response says several states seeking broader protection there described the Texas injunction as providing relief for their agencies and political subdivisions. DOJ argues that those states cannot claim a narrower injunction in Missouri while advancing a broader interpretation in Texas.

AmmoLand’s October 8 report covered DOJ’s opposition to statewide and nationwide relief in the Missouri litigation. The new Texas filing continues that dispute after ATF’s nationwide guidance removed many immediate federal approval and registration barriers.

The question remains whether gun owners receive broader enforceable court protection.

Gun Rights Must Survive the Next Administration

The existing injunction already provides substantial protection. It expressly binds successors in office and covers specified plaintiffs and, where applicable, current and future members and customers. A future official cannot simply disregard that order.

But nationwide agency discretion does not expand the injunction. ATF’s policy and enforceable judicial relief provide different protection.

State restrictions present another obstacle for gun owners. Neither the guidance nor this response eliminates those statutes.

Gun owners should press this victory forward. The Texas court rejected the challenged requirements under Congress’s enumerated powers; it did not decide the Second Amendment claims. Those constitutional challenges remain part of the broader campaign to dismantle the NFA.

Suppressors and short-barreled firearms should never have required a federal registry or advance government permission. Ending enforcement is a major victory, but Americans deserve the restrictions removed altogether. Congress should repeal the NFA, or at minimum remove these arms from it entirely, while continued litigation secures lasting protection. “Shall not be infringed” does not depend on who occupies the ATF director’s office.

Related: FFLs Pass ATF Inspections After Transferring Suppressors on Form 4473


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.Duncan Johnson




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ATF Retreats on NFA Registration, but State Laws Still Burden Gun Owners

Sig Sauer MCX Virtus Pistol w/ brace. Img Jim Grant
ATF’s nationwide NFA retreat leaves state restrictions in place. Mississippi has clarified that Form 4 is voluntary for suppressors under the current policy. IMG Jim Grant

ATF has stopped enforcing specified National Firearms Act registration and approval requirements nationwide for suppressors, short-barreled rifles, short-barreled shotguns and any other weapons. Now the American Suppressor Association says the next fight includes fixing laws in 15 states that still reference the NFA.

The October 9 guidance delivers a substantial victory for gun owners. Where state law permits, suppressor buyers can complete a dealer transfer on Form 4473 without a separate Form 4, advance NFA approval or federal registration.

But federal nonenforcement does not erase state statutes. For gun owners whose states tie lawful possession to federal registration, those laws remain a barrier to enjoying the full benefit of the federal retreat.

ASA Turns to NFA-Linked State Laws

In its October 9 announcement, ASA credited the combination of legislative work and litigation for opening the door to suppressor transfers without federal registration.

The association says it helped lead the effort to eliminate the $200 tax through the One Big Beautiful Bill Act, then worked with NRA, the Second Amendment Foundation, Firearms Policy Coalition and Texas State Rifle Association on Jensen v. ATF.

President Donald Trump signed the legislation on July 4, 2025. The suppressor transfer tax dropped to zero on January 1, 2026.

According to ASA, DOJ formally notified Congress on October 1 that it would not appeal, and the October 5 appeal deadline passed. ASA is now emphasizing the state-level work still ahead.

“We will continue our work in the 15 states that reference the NFA within state statutes,” the ASA said.

That commitment addresses an immediate problem: federal relief can leave gun owners facing state requirements built around the registration system Washington has stopped enforcing.

What Changed at the Gun Counter

ATF’s October 9 open letter stops requiring NFA approval before making or transferring the covered items and stops requiring their registration in the National Firearms Registration and Transfer Record.

The court’s injunction remains limited to the plaintiffs and other specified persons. DOJ’s enforcement discretion extends the policy to everyone otherwise subject to those requirements.

Suppressor dealer transfers still require Form 4473, applicable NICS checks and ordinary Gun Control Act records. With limited exceptions, dealers may transfer suppressors to unlicensed residents of their own state. Form 3 approval is no longer required for dealer-to-dealer suppressor transfers, while applicable special occupational taxes remain.

SBRs and SBSs retain separate GCA provisions. ATF is temporarily declining to enforce the dealer-transfer authorization requirement while developing a replacement process. Interstate transportation still requires Form 20 approval.

Machine guns and destructive devices remain subject to the full NFA regime.

Why State Laws Still Matter

Some state statutes prohibit possession of specified firearms or devices while providing exceptions for items registered under federal law or held in compliance with it. Those exceptions become critical when a buyer acquires a suppressor without entering it into the federal registry.

In its published FAQ, ATF expressly declines to say whether an unregistered item held under the injunction or its enforcement policy satisfies a particular state’s requirements.

The agency will continue accepting voluntary NFA applications. Dealers also remain prohibited from transferring firearms in violation of state or local law.

For state lawmakers, the task is clear: remove provisions that keep gun owners dependent on federal registration after the federal government has stopped enforcing it. A state should not preserve the burden of an obsolete tax process by embedding that process in its own criminal code.

The 15 States Where NFA-Linked Laws Still Burden Gun Owners

On October 9, Firearms Policy Coalition identified Alaska, Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington and Wisconsin in its outreach to state attorneys general. FPC is seeking immediate nonenforcement and permanent legislative repeal.

These states do not all impose the same restriction. Some expressly require registration; others refer to federal permission or NFA compliance. The statutes below show why the federal victory has not eliminated every state barrier. Other states also have restrictions on SBRs, SBSs or AOWs; this list addresses the 15 states targeted in the current state-law initiative.

Alaska: Registration Supplies the Defense

Under AS 11.61.200(a)(3), (c) and (h), suppressors, SBRs and SBSs fall within the state’s prohibited-weapons provisions. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon is forbidden, with an affirmative defense based on registration under the NFA.

A Form 4473 alone does not establish the registration specified in that defense. Federal nonenforcement leaves this state-law obstacle intact.

Colorado: A Permit-and-License Defense

C.R.S. § 18-12-102 classifies suppressors, short rifles and short shotguns as dangerous weapons and makes knowing possession a class 5 felony. An affirmative defense applies to a person holding a valid permit and license for the weapon.

The provision does not expressly name the NFA or federal registration. The problem is the permit-and-license defense when ATF no longer requires individual approval—not an explicit state command to file Form 4.

Connecticut: Federal or State Permission

Connecticut Gen. Stat. § 53a-211 makes ownership, control or possession of a suppressor or specified sawed-off shotgun a class D felony. It exempts persons and entities licensed or otherwise permitted by federal or state law to possess them.

That wording is broader than an express registration requirement. Whether federal nonenforcement satisfies the permission exception is the unresolved issue; the statute does not itself say every owner must file Form 4.

Georgia: An Express NFA-Registration Exception

O.C.G.A. §§ 16-11-123 and 16-11-124(4) prohibit possession of suppressors, sawed-off rifles, sawed-off shotguns and other listed weapons, subject to exceptions. The ordinary civilian possession exception expressly relies on registration in accordance with the NFA.

That creates a direct registration obstacle for an otherwise eligible gun owner seeking a transfer solely on Form 4473.

Georgia’s HB 1324, which proposed removing the suppressor prohibition, lost on third reading in March 2026.

Michigan: Federal Approval and Registration Paperwork

MCL 750.224 prohibits suppressors, with a federal-licensing exception. Michigan Attorney General Opinion 7260 interprets that exception to cover people licensed or approved by ATF to possess, manufacture or sell them. Removing the individual approval process therefore raises a state-law question.

MCL 750.224b separately exempts SBRs and SBSs lawfully made, transferred or possessed under federal law. But subsection (5) requires owners of those firearms greater than 26 inches long to carry a copy of federal registration while transporting or using them.

Violations can lead to a civil fine, seizure and eventual forfeiture. Firearms 26 inches or shorter have additional state requirements under subsection (4).

Mississippi: Attorney General Confirms Form 4 Is Voluntary

Mississippi Attorney General Lynn Fitch issued an October 12 statement concluding that Form 4 is voluntary for suppressor buyers under the current federal policy.

“It is our opinion that ATF Form 4 for suppressors is voluntary for Mississippians as well,” Fitch said.

Miss. Code § 97-37-31 ties suppressor manufacture, sale and possession to federal authorization. Fitch concluded that ATF’s October 9 guidance makes Form 4 voluntary under that existing language. This resolves the ambiguity identified earlier without repealing the statute.

ASA welcomed the announcement and said it looks forward to working with Fitch during the 2027 legislative session.

Fitch plans to seek legislation removing the federal-law reference and amendments to related provisions, including § 97-37-1, which restricts concealed carrying of suppressors through fines or imprisonment. She credited NRA and ASA with helping identify needed amendments.

Mississippi’s clarification is progress toward restored gun rights. The next step is removing the statutory burdens permanently, so lawful suppressor ownership does not depend on a future administration’s enforcement policy.

Montana: Nonregistration Becomes Evidence of Criminal Intent

MCA § 45-8-336 criminalizes suppressor possession and related activities when a person intends criminal use or knows another person has that purpose. The separate problem is § 45-8-337, which makes possession of a suppressor not registered under federal law prima facie evidence of an unlawful purpose.

That is an evidentiary rule rather than a blanket registration-based possession ban. It nevertheless allows the absence of federal registration to support an allegation of criminal intent—an especially objectionable burden when Washington is no longer requiring registration.

Nevada: Suppressor Authorization, Short-Barreled Firearm Registration

NRS 202.350 restricts suppressor manufacture, sale, possession and use unless authorized by federal law. Its exception covers federal licensing, authorization or permission, with the burden of establishing that status placed on the person claiming it.

NRS 202.275 separately prohibits SBRs and SBSs, with exceptions including possession by specified federal licensees, possession by a person to whom the firearm is federally registered, and qualifying collector items or curios and relics.

The suppressor and short-barreled-firearm provisions therefore require separate analysis.

North Carolina: NFA Compliance Under an Inflated Label

N.C. Gen. Stat. § 14-288.8 places suppressors, SBRs and SBSs within its “weapon of mass death and destruction” category. It prohibits possession, manufacture, transportation, sale and other activities, subject to exceptions. One key exception covers lawful ownership or possession in compliance with the NFA.

The label does not change what these items are. It does, however, attach state criminal exposure to the question of NFA compliance. Federal nonenforcement alone does not resolve how North Carolina will apply that exception.

North Dakota: Compliance With the NFA

N.D.C.C. § 62.1-05-01 bars purchasing, selling or possessing suppressors and other specified weapons unless the person has complied with the NFA. Violations are class C felonies and can result in forfeiture.

The statute uses compliance language, leaving a state-law question about unregistered items acquired under federal nonenforcement.

Ohio: A Federal-Registry Exception

Ohio Rev. Code §§ 2923.11 and 2923.17 classify suppressors and specified short-barreled firearms as dangerous ordnance and generally prohibit acquiring, possessing, carrying or using them. A key exception expressly covers owners of items registered in the National Firearms Registration and Transfer Record.

Other exceptions exist, including qualifying state licenses or permits and a hunting-related suppressor exception. But the federal-registration exception is explicit: a Form 4473-only transfer does not put the item in that registry.

Oregon: Registration Also Protects Against Arrest

ORS 166.272 generally makes knowing possession of a suppressor, SBR or SBS a class B felony. Registration as required under federal law supplies an affirmative defense. Carrying documentation of that registration also protects the owner against arrest or charging under the section.

An owner acquiring an unregistered item under ATF’s policy lacks the registration document the statute describes. Oregon lawmakers need to address both the possession provision and the paperwork-based protection.

Pennsylvania: NFA Compliance and a Separate Lawful-Purpose Exception

18 Pa.C.S. § 908 restricts offensive weapons, including specified sawed-off shotguns and firearms specially made or adapted for concealment or silent discharge. It provides an NFA-compliance defense, but also other defenses and a separate exception for firearms used or possessed for purposes not prohibited by Pennsylvania law.

The statute defines firearm around projectile-firing weapons and their frames or receivers. It does not simply reproduce the federal definition that includes suppressors.
Those distinctions matter when analyzing a standalone suppressor versus a firearm adapted for silent discharge. Pennsylvania’s restrictions consequently require attention to the particular item and the available exceptions, rather than an assumption that every SBR or suppressor requires federal registration under § 908.

Washington: Suppressor Use Requires Registration

RCW 9.41.250(1)(c) makes suppressor use a gross misdemeanor unless the suppressor is legally registered and possessed in accordance with federal law. This provision regulates use, rather than imposing a standalone suppressor-possession ban.

RCW 9.41.190 separately permits SBRs when the person complies with applicable federal law. SBSs remain generally prohibited, subject to limited exceptions, including an affirmative defense for qualifying firearms acquired before July 1, 1994.

Federal relief therefore does not make Washington’s suppressor, SBR and SBS rules interchangeable.

Wisconsin: Suppressor Licensing and Registration

Wis. Stat. § 941.298 makes suppressor sale, delivery or possession a class H felony unless an exception applies. The ordinary civilian exception expressly refers to compliance with the NFA’s licensing and registration requirements.

§ 941.28 separately restricts SBRs and SBSs. It includes an NFA licensing-and-registration exception, but also broader language excluding firearms that may lawfully be possessed under federal law.

That additional wording must be considered; Wisconsin’s suppressor and short-barreled-firearm statutes are not identical.

The common problem is that states still make gun owners navigate criminal prohibitions, paperwork requirements or adverse presumptions built around federal NFA regulation. Legislatures should remove those burdens. Restoring basic gun rights should not leave peaceable Americans proving that they satisfied a registration process the federal government has stopped enforcing.

Restored Gun Rights Must Be Permanent

The court’s reasoning exposes the constitutional problem with retaining a tax-based registration system after Congress has reduced the relevant tax to zero. ATF says the court also rejected reliance on the Commerce Clause because Congress did not invoke that power when it enacted the NFA.

That holding concerns Congress’s enumerated powers. It does not establish that the entire NFA has been invalidated under the Second Amendment.

The larger issue remains straightforward: suppressors and short-barreled firearms should never have been subjected to the NFA’s special taxation, registration and permission requirements.

ATF warns that enforcement could resume if legal circumstances change or DOJ rescinds the policy. Federal law provides no automatic grandfathering for unregistered items.

That is why this victory must lead to permanent reform. Congress should remove these items from the NFA entirely as a minimum step toward full repeal. States should dismantle the laws that preserve the same burdens.

Gun owners deserve restored rights secured in law. They should not have to rely on the next administration’s willingness to leave those rights alone.

Related: ATF Stops Enforcing NFA Registration Nationwide for Suppressors, SBRs and More


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.Duncan Johnson




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Monday, October 12, 2026

Gun Controllers Predicted a Bloodbath. Murders Fell as Gun Rights Expanded.

Holstered handgun beside the Constitution and American flag, with four crime declines reported in SAF’s October 2026 factsheet.
SAF documents 85 gun control warnings alongside falling crime figures, including a 36% decline in estimated U.S. murders from 2022–2025. Original AI-generated illustration.

Gun control groups and anti-gun politicians warned that restoring the right to carry, ending ATF’s bump-stock ban and rolling back NFA restrictions would make America more dangerous. A new Second Amendment Foundation factsheet collects 85 of those statements–and places them beside crime figures showing murders falling sharply.

According to SAF’s compilation, estimated U.S. murders dropped approximately 36% between 2022 and 2025. The 2025 murder rate tied the FBI’s historical low. Texas and Florida recorded substantial murder-rate declines after adopting permitless carry. Even the broad mass-shooting count cited in the report fell after the Supreme Court struck down the bump-stock ban.

The October 2026 factsheet, The Bloodbath That Never Came, was prepared by Kostas Moros, SAF’s director of legal research and education. Its central question deserves an answer: Why should Americans keep surrendering constitutional rights to people whose sweeping predictions of disaster run against the crime trends that followed?

The Bloodbath That Never Came – SAF Fact Sheet

National Numbers: Three Years of Falling Murders

SAF’s chart tracks revised FBI national murder and nonnegligent-manslaughter rates: 6.6 per 100,000 residents in 2022, 6.0 in 2023, 5.1 in 2024 and 4.1 in 2025.

The estimated number of murders declined 9.1% in 2023, 13.7% in 2024 and 18.1% in 2025. From 2022 to 2025, the total fell from 21,923 to 14,085.

SAF describes the 2025 reduction as the fastest recorded decline in murders. It also reports a 9.3% reduction in violent crime that year, identifying it as the largest drop since FBI national estimates began in 1936.

AmmoLand previously examined the FBI’s 2025 crime report and the murder rate, tying its historical low. SAF now adds a detailed record of what opponents of gun rights said would happen during this period.

Bruen: 39 Statements About the Danger of Restoring Carry Rights

When the Supreme Court decided NYSRPA v. Bruen on June 23, 2022, it struck down New York’s “proper cause” requirement for carrying a handgun. Ordinary Americans would no longer have to persuade officials that their need for self-defense was sufficiently special.

As AmmoLand’s analysis of Bruen explained, the right to bear arms extends outside the home. The anti-gun lobby responded with warnings of death, destruction, and blood in the streets.

Brady declared that the ruling would “assuredly result in more gun violence immediately.” Everytown’s Eric Tirschwell predicted more people would be intimidated, wounded and killed. David Hogg said the decision would kill young people and argued that a person carrying for protection puts everyone around them at risk.

The political response was equally sweeping. New York City Mayor Eric Adams warned against the city becoming the “Wild West.” Then-Maryland Attorney General Brian Frosh predicted more deaths and more dangerous neighborhoods. California Attorney General Rob Bonta asserted that “more guns in more places make us less safe.”

SAF also includes a November 2022 filing by New York defendants in Antonyuk v. Hochul, warning that an injunction threatened a substantial increase in firearm injuries and deaths.

Against those statements, the report places three consecutive annual declines in national murders.

The local results are striking as well. New York City recorded 688 shooting incidents in 2025, its lowest recorded total, while murders fell from 382 to 305. Baltimore recorded 133 homicides, its lowest total in nearly 50 years. New Jersey shooting victims declined from 924 in 2023 to 559 in 2025, reaching a record low for the third consecutive year.

Officials portrayed restored carry rights as a public danger. The broad outcomes they warned about moved in the opposite direction.

Permitless Carry: 17 Warnings, With Declines in Texas and Florida

SAF’s permitless-carry section covers statements concerning Texas, Tennessee, Georgia, Florida, Louisiana and other states.

Then-Harris County District Attorney Kim Ogg offered an especially direct prediction in September 2021: “I just think more guns — more access — necessarily means more shootings and more killings.”

Texas permitless carry took effect that month. According to Texas Department of Public Safety figures cited by SAF, the state’s murder rate fell from 7.1 per 100,000 in 2021 to 5.2 in 2024—a 27.3% decline.

Georgia gubernatorial candidate Stacey Abrams labeled permitless carry “criminal carry.” Shannon Watts used the same label when discussing Indiana. Other statements warned of accidental shootings, suicides, stolen firearms and chaos.

Florida drew its own barrage. GIFFORDS accused lawmakers of making violence worse through permitless carry. Moms Demand Action volunteer Gay Valimont warned that putting more guns in more places would bring more tragedies.

AmmoLand covered Florida’s passage of permitless concealed carry, which took effect in July 2023. SAF reports that Florida’s murder rate fell 18.8% in 2024, the first full year afterward, and that all seven index offenses declined.

The state-specific outcome comparisons in this section concern Texas and Florida. They should not be presented as separate statistical findings for every state mentioned.

Bump Stocks: 11 Warnings After Cargill

The Supreme Court’s June 14, 2024 decision in Garland v. Cargill struck down ATF’s attempt to classify bump stocks as machine guns.

AmmoLand’s coverage explained why ATF exceeded its statutory authority. The case concerned the statutory definition of a machine gun, rather than a Second Amendment ruling. That distinction did little to restrain the rhetoric.

Justice Sonia Sotomayor’s dissent warned of “deadly consequences.” Sen. Martin Heinrich declared that innocent Americans would die because of the decision. California Gov. Gavin Newsom said: “This decision will put blood on our streets.”

SAF compares those warnings with an 18.1% decline in national murders in 2025, the first full year after Cargill.

It also cites Gun Violence Archive figures showing mass-shooting incidents falling from 659 in 2023 to 503 in 2024 and 407 in 2025. The 2024–2025 decline was approximately 19%, with 2025 recording the fewest incidents since 2018.

Those figures use GVA’s broad definition: four or more people shot, excluding the shooter. They are not a count limited to public mass murders, nor a count of incidents involving bump stocks. Even under that intentionally broad measure, the national total fell.

NFA Taxes and Litigation: 11 Statements Recycling the Same Fear

SAF’s NFA section follows the July 2025 legislation zeroing specified taxes, effective in 2026, and the later court rulings and DOJ decisions.

Everytown President John Feinblatt portrayed the tax reduction as a gift to the gun industry that would endanger police and communities. GIFFORDS Executive Director Emma Brown warned of deadly consequences, later calling an NFA ruling a dangerous step backward.

By October 2, 2026, Brown was invoking Al Capone and organized crime to attack the DOJ’s decision against appealing. Anti-gun accusations, as usual, lack any factual substance.

The factsheet reports that the preliminary murder rate among reporting agencies fell 20.8% in January–July 2026 compared with January–July 2025. That period covers the first months of the zero-dollar tax.

It does not cover the consequences of the later NFA judgments and appeal decisions. The 2025 decline likewise occurred in the year the tax legislation was signed, before the tax change took effect.

Readers can follow AmmoLand’s coverage of the subsequent ATF NFA guidance for the separate question of what federal relief means for gun owners.

DOJ Grant Cuts and Forced-Reset Triggers: Seven More Warnings

The report also examines reactions to Trump-era DOJ and ATF actions, including violence-intervention grant cuts and the forced-reset-trigger settlement.

In April 2025, GIFFORDS’ Paul Carrillo predicted an immediate surge in violence from removing intervention workers. The organization followed with a warning that violent crime would spike unless DOJ reversed its cuts.

After the FRT settlement, Brady President Kris Brown said the administration would be directly responsible for deaths when the technology was used in a shooting. Minnesota Attorney General Keith Ellison warned against more lethal firearms on the streets.

AmmoLand reported the government’s retreat in the forced-reset-trigger litigation, including the agreement to return confiscated triggers.

SAF places this collection of warnings beside the reported 9.3% national violent-crime decline in 2025 and a Council on Criminal Justice finding that homicides fell 21% across 35 large cities, representing 922 fewer victims.

Those broad figures do not isolate the effects of particular grants or triggers. They do challenge the sweeping picture of a country descending into greater violence.

A Documented Record–and a Demand for Accountability

SAF says every entry reproduces verified wording. Sixty-four of the 85 entries cite primary sources, including official releases, government statements, court documents and the speakers’ own posts. The remaining 21 cite news outlets directly quoting the speakers.

The report uses revised FBI estimates for its annual comparisons. Its preliminary 2026 figures concern reporting agencies, and its projected annual rate of approximately 3.2 per 100,000 is SAF’s extrapolation—not an official FBI annual estimate. Applying the decline to the 2025 reporting-agency rate instead produces approximately 3.4.

SAF expressly states that it does not argue gun rights reforms caused crime to decline. It credits Rob Romano, known as @2Aupdates, with helping inspire the compilation through his work highlighting failed gun control predictions.

The report labels its entries “predictions proven wrong.” The strongest supported conclusion is more specific: The broad increases in violence repeatedly forecast by gun control advocates did not materialize in the aggregate trends presented. Murder totals alone do not settle every separate claim about injuries, accidents or suicides.

Gun owners do not need to overstate the evidence. The documented contrast is damaging enough.

Gun Rights Are Not Conditional on Anti-Gun Predictions

The Second Amendment protects a right that government has spent generations restricting. Restoring it should never require approval from organizations dedicated to keeping those restrictions in place.

Americans do not have to prove that carrying a handgun lowers the national murder rate before they may defend themselves. Nor should lawful ownership of suppressors, short-barreled firearms or accessories depend on another round of speculative warnings from Brady, Everytown or GIFFORDS.

For gun owners, these victories are steps toward full restoration. The goal remains ending unconstitutional infringements, including repealing the NFA.

SAF’s factsheet gives lawmakers and readers a record to consult the next time someone claims another gun rights victory will unleash a bloodbath.

The warnings were loud. The murder declines were substantial. The organizations demanding that Americans surrender their rights owe the public an explanation.

Gun rights victories require gun owners willing to fund and sustain the fight. Join the Second Amendment Foundation, support Gun Owners of America, Firearms Policy Coalition, and the National Rifle Association, and get involved with your state’s gun rights organization.

Memberships, donations and calls to lawmakers help carry this fight from the courtroom to the legislature. The goal is full restoration of the right to keep and bear arms, including repeal of the NFA.

If you want these victories to last—and the remaining infringements removed—put your support behind the organizations doing the work.

Related: ATF Stops Enforcing NFA Registration Nationwide for Suppressors, SBRs and More


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.Duncan Johnson




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Armed DoorDash Driver Stops Attempted Carjacking in Georgia

glock pistol self defense iStock-119502436
Columbia County deputies say a Georgia DoorDash driver acted in self-defense after a man threatened to take his vehicle and firearm and attacked him. iStock-119502436

MARTINEZ, Georgia – Tyler J. Reese walked away after a stranger shoved him outside a restaurant. Minutes later, the man allegedly threatened to steal his car and gun, then lunged through the open driver’s door. Reese fired three shots.

Columbia County investigators say the armed DoorDash driver acted in self-defense. Surveillance footage and witnesses support that finding. No charges are being filed against him.

For gun owners, the case illustrates why carrying matters: avoiding a confrontation does not guarantee an aggressor will let you leave.

Driver Walked Away Before the Attack Escalated

Reese, 26, of Augusta, was working a delivery shift on October 8 when he parked at West Town Shopping Center on Washington Road around 5:35 p.m.

According to the sheriff’s office account reported by AugustaCrime, a man approached as Reese got out and demanded that he “buy me a 20 piece.” Reese refused. The man shoved him.

Reese pushed him away and went inside the restaurant to collect his order. While Reese was inside, the man approached other customers near the Asian market, yelling aggressively and offering them $20. Witnesses could not explain what he wanted in return.

Witnesses and footage indicated the man was considerably larger than Reese. Around 5:38 p.m., Reese returned to his vehicle.

According to WRDW/Gray News, the man returned to Reese and repeated his demand. When Reese refused again, he threatened to take Reese’s vehicle and opened its front passenger door. Reese was seated behind the wheel. He displayed his firearm and told the man he did not want any more trouble.

Investigators say the man then threatened to take the firearm, went around the vehicle, and lunged through the open driver’s door.

Reese fired three rounds, striking him each time. He remained at the scene and identified himself to law enforcement.

Reese disengaged from the initial encounter. The reported attack continued despite his attempt to go about his work and his warning to leave him alone.

Investigators: “A Clear Case of Self-Defense”

The sheriff’s office subsequently identified the wounded man as Benjamin Robert Dasher, 29.

According to WJBF’s follow-up report, Dasher remained in intensive care with gunshot wounds to his left arm and abdomen. His treating physician expected him to survive, barring complications. No one else was injured.

Maj. Andy Shedd said investigators had surveillance footage and statements from multiple witnesses. After reviewing the evidence and interviewing Reese, Shedd described the shooting as “a clear case of self-defense.”

Authorities said Dasher would face a charge of criminal attempt–hijacking a motor vehicle upon his release from the hospital. Investigators planned to interview him when his condition allowed. The investigation remains open. No charges have been filed against Reese.

Working Americans Have a Right to Defend Themselves

Reese was earning a living when this encounter began. His decision to walk away should have ended it. According to investigators, the aggressor chose to escalate instead.

That matters when gun-control advocates treat carrying a firearm in public as inherently suspicious. A delivery driver’s need for self-defense does not end at his front door. His work takes him into parking lots, restaurants, and unfamiliar surroundings.

The Second Amendment protects his right to be armed there.

A citizen should not have to overpower a larger attacker to survive an assault. Reese had a firearm, used it when attacked, and investigators say the evidence supports him. That is armed self-defense doing exactly what gun owners understand it can do: giving an intended victim the means to fight back.

Related: Uber Eats Driver Shoots Knife-Wielding Attacker After Parking Dispute


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.Duncan Johnson




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ATF’s NFA Retreat: Restoring Gun Rights and Pushing for Repeal

The ATF’s nationwide retreat from National Firearms Act registration enforcement has gun owners asking a consequential question: Could a future administration reverse course and target Americans who acquired suppressors or short-barreled firearms without registering them?

Constitutional attorney Mark Smith argues that removing the barriers today could make renewed restrictions harder to defend tomorrow. His reasoning is straightforward: Wider lawful ownership strengthens the Second Amendment case against treating those arms as unusual weapons that government can prohibit.

In a Four Boxes Diner video, Smith explains why he believes the latest NFA victory could develop into lasting constitutional protection for suppressors, short-barreled rifles and short-barreled shotguns.

AmmoLand has followed this fight from the lawsuits through the first no-Form-4 transfers and ATF’s October 9 guidance. The question now is how gun owners turn that progress into protection that survives the next administration.

A Court Order Already Protects Covered Gun Owners

As AmmoLand reported when DOJ confirmed it would not appeal, the injunction in the consolidated Silencer Shop Foundation and Jensen litigation protects specified plaintiffs and, where applicable, their current and future members and customers. It binds successors in office.

A future ATF director cannot simply withdraw agency guidance and disregard a court order that remains in effect.

U.S. District Judge James Wesley Hendrix ruled on August 5 that the challenged NFA requirements exceeded Congress’s enumerated powers after Congress reduced the applicable making and transfer taxes to zero. The court did not decide the Second Amendment claims because the enumerated-powers ruling supplied relief.

Washington lost the taxing-power foundation for the challenged registration scheme. The separate Second Amendment fight remains consequential.

Nationwide NFA Relief Opens the Door to Wider Ownership

ATF’s October 9 guidance extends specified NFA nonenforcement nationwide for suppressors, SBRs, SBSs and AOWs, including people outside the injunction.

The policy removes mandatory NFA approval and registration barriers for those categories. However, it does not repeal the NFA. Also, further complicating the issue for gun owners is that state restrictions remain, as do applicable Gun Control Act requirements. Machineguns and destructive devices remain subject to the full NFA registration regime.

AmmoLand’s guidance report explains the remaining requirements, including Form 20 approval for interstate transportation of SBRs and SBSs.

Smith expects easier access to produce substantially greater ownership. His argument is that those additional arms would reinforce the constitutional case against future restrictions.

Nearly Seven Million Registered Suppressors Already Exist

The ownership evidence is substantial before any projected increase.

ATF’s published registry figures, updated September 3, 2026, list 6,905,213 silencers, 1,258,554 short-barreled rifles and 210,604 short-barreled shotguns. Those figures count registered items, not individual civilian owners.

Smith points to approximately seven million suppressors as evidence supporting their protection under the Second Amendment.

The government should not be allowed to obstruct ownership, then use the resulting limits on ownership to argue that an arm deserves no constitutional protection. As AmmoLand previously explained in its coverage of Brown v. ATF, that reasoning rewards the government for burdening the right.

Americans do not acquire constitutional rights when a government database reaches a particular number. Wider ownership strengthens the evidence against restrictions; it does not create the right.

Smith Sees the Supreme Court Fight Reaching Beyond AR-15s

Smith connects the NFA developments to the Supreme Court’s pending Viramontes v. Cook County and Grant v. Higgins cases, which concern bans on AR-15-style rifles.

Smith predicts a favorable decision in June 2027 reaffirming protection for commonly owned arms. He believes that reasoning would strengthen challenges to restrictions on short-barreled firearms and suppressors.

He also argues that targeted taxes and registration requirements would face separate constitutional objections. Those are his arguments about future litigation. The Court has not issued the decision he predicts or resolved every restriction he discusses.

Gun Owners Deserve Lasting Protection

AmmoLand raised the future-enforcement questions in August. Smith offers an optimistic constitutional answer, but ATF’s FAQ still identifies unresolved exposure.

The agency says enforcement could resume if legal circumstances change. Federal law provides no automatic grandfather protection or general opportunity to register previously unregistered NFA items afterward. An amnesty would be discretionary.

That distinction makes continued litigation important. As AmmoLand reported in Brown, broader enforceable court protection remains unfinished work. Nationwide agency discretion does not expand the Texas injunction.

Smith’s argument gives gun owners another reason to press their advantage. Removing barriers could strengthen the factual foundation for dismantling restrictions permanently.

This is the start of the end of the NFA’s registration scheme for these arms. Finishing the job requires lasting court protection and congressional repeal. “Shall not be infringed” does not expire when a new administration takes office. Neither should Americans’ freedom to own protected arms.

Related: ATF Stops Enforcing NFA Registration Nationwide for Suppressors, SBRs and More


About Duncan Johnson:

Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.Duncan Johnson




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Friday, October 9, 2026

ATF Stops Enforcing NFA Registration Nationwide for Suppressors, SBRs and More

Q Honey Badger, Trijicon TA44, Q Thunder Chicken. IMG Tim Potter
ATF’s October 9 guidance extends non-enforcement of specified NFA registration and approval requirements nationwide. Remaining federal requirements and state laws still apply. IMG Tim Potter

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) unveiled new guidance after a Texas district court blocked National Firearms Act (NFA) restrictions on short-barreled rifles (SBRs), short-barreled shotguns (SBSs), suppressors, and any other weapons (AOWs).

The case, Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), challenged the constitutionality of NFA restrictions on SBRs, SBSs, suppressors, and AOWs after Congress passed the One Big Beautiful Bill (OBBB) Act. The OBBB Act lowered the tax-stamp fee for those items from $200 to $0. By eliminating the tax-stamp fee, the plaintiffs argued, the restrictions became unconstitutional. Under the taxing power, a tax must generate revenue, and the Supreme Court upheld the NFA as a tax statute in 1937. A $0 tax lacks a revenue-generating purpose and is therefore unconstitutional.

Multiple gun-rights organizations sued. Gun Owners of America (GOA), Gun Owners Foundation (GOF), the Firearms Regulatory Accountability Coalition (FRAC), B&T USA, Silencer Shop Foundation, SilencerCo, and Palmetto State Armory (PSA) sued in Silencer Shop Foundation v. ATF. Another case, Jensen v. ATF, was consolidated with it. That case was brought by the Firearms Policy Coalition Action Foundation, the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), and the Texas State Rifle Association (TSRA).

Judge James Wesley Hendrix ruled for the plaintiffs and rejected the defense’s argument that the special occupational tax (SOT) satisfies the tax-revenue requirement. The defendants also argued that the NFA falls under the Commerce Clause. The judge rejected that argument. He found the restrictions unconstitutional and issued an injunction against enforcing the law against current and future members of the suing organizations, leading to suppressors being transferred on a Form 4473 for the covered parties. The judge would have issued a nationwide injunction, but could not because of the Supreme Court’s ruling in Trump v. CASA.

The Department of Justice has decided not to appeal. In a September 24, 2026 letter to Senate Judiciary Chairman Chuck Grassley, Solicitor General D. John Sauer wrote that the department “has determined not to file an appeal” in Silencer Shop Foundation v. ATF. DOJ filed that letter with the court on October 1, and the 60-day window to notice an appeal closed on October 5 with no appeal and no stay request.

The August 5 judgment is now final as to these parties. The decision does not widen the injunction. It still runs to the named plaintiffs, members of the organizational plaintiffs, and, for the commercial plaintiffs, their customers. It does not repeal the NFA, and it does not cover machine guns, destructive devices, or the special occupational tax. Judge Hendrix gave DOJ until October 12 to answer a motion from plaintiff states on whether the injunction reaches those states more broadly.

On October 9, ATF tried to close the gap left by the injunction. In an open letter to all federal firearms licensees and the public, and in a companion FAQ, the Bureau said it will stop enforcing the NFA making, transfer, and registration rules for SBRs, SBSs, silencers, and AOWs against everyone, not just the plaintiffs.

The policy took effect the same day. ATF said the party-limited order created “inequity and disuniformity,” and that it would use enforcement discretion to apply the same treatment nationwide.

Under that policy, ATF will no longer require prior approval to make or transfer those four categories of items. First, it will no longer require registration in the National Firearms Registration and Transfer Record. It will not enforce the bans on making, receiving, transferring, or possessing them unregistered. Finally, it will not enforce the NFA marking rule for them, and it will not enforce 26 U.S.C. § 5861(j), the ban on transporting an unregistered NFA firearm in interstate commerce. That last point matters for dealer-to-dealer shipments, repairs, out-of-state range trips, and moves.

The non-enforcement is narrow. Machine guns and destructive devices remain taxable and fully regulated. Illegally imported NFA firearms and firearms with obliterated serial numbers remain illegal under §§ 5861(k) and 5861(h). People engaged in the business of manufacturing, importing, or dealing in these items must still pay the special occupational tax. A dealer who is not an SOT cannot treat the new policy as a license to deal in them.

These items also remain firearms under the Gun Control Act. A licensee transferring a silencer or an AOW to an unlicensed buyer must still complete a Form 4473, run a NICS check unless an exemption applies, and keep the record. The buyer still has to be a resident of the state where the licensee does business, with the usual limited exceptions. No one may transfer any of these items to a person he knows, or has reasonable cause to believe, is prohibited from possessing a firearm. Unlicensed individuals may make or transfer them without a Form 1, but they still may not engage in the business, transfer them across state lines, or transfer them to a prohibited person.

SBRs and SBSs are the exception inside the exception. The Gun Control Act, at 18 U.S.C. § 922(b)(4), still bars a licensee from selling or delivering a short-barreled rifle or short-barreled shotgun unless the Attorney General specifically authorizes it. For decades, an approved Form 4 was that authorization. Judge Hendrix did not enjoin the GCA provision, and ATF says no non-NFA approval process exists yet. The Bureau says it is writing forms and regulations to create one. Until those rules are in place, ATF will not enforce § 922(b)(4). Transfers to state and local governments for official use remain lawful anyway, under the government exception in 18 U.S.C. § 925(a).

Interstate travel is split the same way. ATF will not enforce the NFA’s interstate-transport ban on an unregistered silencer or AOW. An SBR or SBS is different. Even if it is unregistered, the owner must still file a Form 20 before taking it across state lines, because 18 U.S.C. § 922(a)(4) is a GCA requirement and ATF is still enforcing it.

Registration is now voluntary. ATF will keep the registry and will still approve Forms 1, 2, 3, and 4 for anyone who wants an item in it.

A pending application can be withdrawn, and a registered item can be removed, by writing the NFA Division at NFAFAX@atf.gov. The same address is how a dealer clears an item off NFA inventory after transferring it on a Form 4473. ATF warns that once an item is removed, it cannot be put back on the registry unless the Attorney General declares an amnesty.

Manufacturers do not get a full pass. A company making these items still needs the proper GCA manufacturer’s license and must serialize them. A silencer manufacturer in business before November 20, 2026, must also register with the State Department under the International Traffic in Arms Regulations. Dealer-to-dealer interstate transfers of silencers and AOWs no longer require a Form 3. One may still be filed voluntarily. A manufacturer who receives an unregistered silencer for repair may ship it back across state lines. ATF says it will not treat that shipment as a § 5861(j) violation.

State law is the remaining hazard, and ATF is explicit that it will not resolve it.

Most states require NFA items to be lawful under federal law or registered under the NFA. The Bureau will not say whether an item held under the injunction, or under this enforcement policy, counts as lawfully held or registered for those state statutes. Some states impose no extra controls, particularly on silencers. A minority ban most or all NFA items outright, and neither the injunction nor ATF’s discretion touches those bans. The GCA still prohibits a licensee from transferring a firearm in violation of state or local law. A willful violation can bring federal criminal penalties and license revocation. ATF’s advice to a dealer who is unsure is to get legal advice and check with the relevant state and local authorities.

The FAQ also flags the risk that the policy is reversible. Congress could put a tax back on these items. A court could dissolve or overturn the injunction. The Department could rescind the guidelines. Federal law does not automatically grandfather an unregistered NFA firearm, and it does not generally allow one to be registered after the fact. The Attorney General can declare an amnesty of up to 90 days, or grant certain forbearances, but is not required to do either. That decision, ATF says, would be made if and when the injunction is dissolved.

ATF NFA GUIDANCE FAQ


About John Crump

Mr. Crump is an NRA instructor and constitutional activist with more than 26 years of experience in networking and cybersecurity for major Fortune 100 companies. John has written about firearms, the Constitution, and cybersecurity, and has interviewed people from all walks of life. John lives in Northern Virginia with his wife and sons. Follow him on X at @right2bear, or at www.crumpy.com.Investigative journalist John Crump




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