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ATF No Longer Requires a Form 4 for Suppressors and SBRs

by Shooting Surplus

What happened

On October 9, 2026, ATF published an open letter to licensed dealers and the public, along with an FAQ on NFA transfers. The short version: ATF will no longer require individuals to get ATF approval before making or transferring a suppressor, short-barreled rifle (SBR), short-barreled shotgun (SBS) or any other weapon (AOW). It also will not enforce the NFA registration and tax stamp requirements for those four items. The policy took effect the same day.

These are the four items whose federal making and transfer tax Congress cut to zero in the One Big Beautiful Bill, starting January 1, 2026. The guidance follows the Justice Department's decision not to appeal Silencer Shop Foundation v. ATF, a federal case in Texas. That ruling only protected the people and groups covered by the case. ATF's letter says the new policies “apply uniformly to anyone otherwise subject to these requirements.”

What did not change

  • Machine guns and destructive devices. Every NFA rule still applies to them, and the 200-dollar tax stays.
  • Background checks. A licensed dealer still fills out a Form 4473 with you, runs a background check and keeps the records. Selling to a prohibited person is still banned.
  • Dealer rules. Dealers who sell these items still need special occupational tax (SOT) status. They can sell suppressors and AOWs only to residents of their own state, with limited exceptions.
  • State and local law. The guidance does not override any state or local law that restricts or bans these items.
  • Crossing state lines with an SBR or SBS. You still need an approved ATF Form 20 (Form 5320.20) before you take one into another state. Suppressors and AOWs no longer need one.

Where they are still illegal

Suppressors remain banned for civilian ownership in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York and Rhode Island, plus Washington, D.C. SBRs and SBSs are banned in California, Hawaii, New Jersey, New York and D.C. Several other states ban short-barreled shotguns or restrict AR-pattern rifles at any barrel length, and some cities and counties add their own bans.

Many states also tie their own laws to federal registration, and ATF says it cannot say how those laws will treat this policy. If you live in one of those states, talk to your dealer or an attorney before you skip the Form 4. Federal registration is still available, and ATF is still accepting Form 4s. Our state restrictions page shows the rules our checkout applies in every state.

How buying a suppressor or SBR from us works now

Start with our suppressors or short-barreled rifles. At checkout you pick an NFA dealer (SOT) in your state, and we ship your order to them. We never ship these items to a home.

When it arrives, your dealer has you fill out a Form 4473 and pass a background check. Where your state allows it and your dealer is on board, that is the whole transfer: no federal Form 4, no tax stamp and no ATF wait. Each dealer still decides how it handles these transfers, and some still ask for a Form 4, so call yours before you order. If you want your item on the federal registry, your dealer can still file a Form 4.

For SBRs and SBSs, ATF says dealers may transfer them on a 4473 for now while it writes new forms and rules for dealer sales. Expect that step to change again.

In stock now

A rimfire can is a common first suppressor, and the CMMG ZEROED 22 is one of our two best-selling suppressors over the last 90 days. It is a direct-thread .22 caliber can.

CMMG ZEROED 22 caliber direct thread rimfire suppressor

CMMG ZEROED 22 Cal Direct Thread Suppressor

For an AR-15, the Dead Air CT5P Patrol is a direct-thread suppressor built for 5.56 NATO.

Dead Air CT5P Patrol 5.56 NATO direct thread suppressor

Dead Air CT5P Patrol 5.56 NATO Direct Thread Suppressor

On the SBR side, the Daniel Defense DDM4 V7 S is a 5.56 NATO short-barreled rifle with an 11.5-inch barrel and a 32-round magazine.

Daniel Defense DDM4 V7 S 5.56 NATO short-barreled rifle with an 11.5-inch barrel

Daniel Defense DDM4 V7 S 5.56 NATO 11.5-inch SBR

Stock is moving quickly this week. Each product page shows live stock and price.

Can this change?

Yes. This is the Justice Department choosing not to enforce parts of the NFA. The law itself has not changed. ATF says enforcement could resume if the legal or factual picture changes, for example if Congress adds a new tax, the court order is dissolved or the Justice Department withdraws the policy. There is no automatic grandfathering if that happens.

If you already have a Form 4 pending, ATF says it will keep processing submitted applications, since many states still require registration. To withdraw one, ATF's FAQ says to email NFAFAX@atf.gov. ATF also says an item removed from the registry cannot be re-registered unless the Attorney General declares an amnesty, so talk to your dealer first.

This article explains ATF's published guidance and is not legal advice. Check your state and local laws before you buy.

Products in this post

Frequently asked questions

Do I still need a Form 4 to buy a suppressor?
At the federal level, ATF no longer requires one as of October 9, 2026. Your state's laws and your dealer still decide how the transfer works, and you can still file a Form 4 if you want your suppressor registered.
Is there still a background check?
Yes. A licensed dealer still completes a Form 4473 with you and runs a background check before you take your item home.
Did anything change for machine guns?
No. Machine guns and destructive devices are still under every NFA rule, including the 200-dollar tax.
Can I take an SBR or SBS to another state?
Only with an approved ATF Form 20 (Form 5320.20). That requirement is still enforced for SBRs and SBSs. Suppressors and AOWs no longer need a Form 20, but the laws of any state you travel to still apply.

Sources

  1. Update to NFA Transfer Guidance (FAQ) (ATF)
  2. Open Letter to All Federal Firearms Licensees and the Public Regarding the National Firearms Act Making and Transfer Requirements for Certain Firearms and Devices (ATF)
  3. ATF issues guidance on National Firearms Act transfers for short-barreled rifles, short-barreled shotguns, suppressors, and certain other firearms (ATF)
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