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About That NFA “Guidance”

About That NFA “Guidance”

 

10.11.2026

By now you have probably heard about or read the ATF’s “guidance” on the new rules concerning short-barreled firearms and suppressors.

You can read the letter about this that ATF published here.  A page with FAQs is available here.

Here is a summary:

For various policy reasons, ATF will cease enforcement on October 9, 2026, of the following NFA provisions as applied only to short-barreled rifles, short-barreled shotguns, silencers, and “any other weapon[s]” as defined in 26 U.S.C. § 5845(e):

  • The requirement to apply and obtain prior approval to make NFA firearms
  • The requirement of those engaged in the business to register NFA firearms within 24 hours of making
  • The requirement to apply and obtain prior approval to transfer NFA firearms
  • The requirement to register a firearm in the National Firearms Registration and Transfer Record.
  • The various prohibitions on making, receiving, transferring, and possessing unregistered NFA firearms, other than the prohibitions in 26 U.S.C. § 5861(h), (k) (prohibiting possession of firearms with obliterated serial numbers or those illegally imported)
  • The prohibition against transporting unregistered NFA firearms in interstate commerce (26 U.S.C. § 5861(j))
  • The NFA requirement to mark all NFA firearms
  • Any other NFA provision specifically enjoined by the district court’s judgment.

One of the biggest takeaways from this policy decision is this; while the court case that ended the registration requirement only covered the plaintiffs in the lawsuit, the ATF has stated that it will cease enforcement of the registration requirements for everybody.

While this is certainly a positive development, it does not seem that this policy will benefit Oregonians.

Oregon law still requires that these items be “registered” as required by Federal law, and while it would appear that since that requirement is gone, Oregonians are covered, they probably are not. While this conclusion is not without doubt, there is plenty of reason to believe that Oregonians are still required to register.

1. The Trap of Oregon’s State Statutes (ORS 166.272)

Under Oregon law, the possession of a firearm silencer and short-barrel firearms is broadly criminalized as a felony.

  • Oregon law does not have an independent state-level registry or a blanket legalization framework for these items.
  • Instead, Oregon statute provides a very specific affirmative defense to prosecution: possessing the item is only legal if it is “registered as required by federal law.”

2. “Non-Enforcement” vs. “Not Required”

Because the ATF has shifted to a policy of prosecutorial discretion—meaning they are choosing not to enforce federal NFA registration—some assume federal registration is no longer “required.”

However, because the federal government is declining to enforce registrations rather than abolishing the underlying statute, a legal vacuum is created:

  • If an Oregonian acquires or possesses a suppressor or SBR without a federal registration, they technically fit the ATF’s new federal enforcement-discretion guidelines.
  • Crucially, they lose their state-law affirmative defense. Because the item is no longer registered under federal law, it fails the literal wording of Oregon Revised Statutes (ORS 166.272).

Keep in mind, an “affirmative defense” means that you are considered guilty of a crime unless and until you can provide some proof that you fall under the requirements of the “affirmative defense” against that prosecution.

Furthermore, the ATF’s open letter represents an exercise of prosecutorial discretion. Because the underlying federal statutes have not been repealed by Congress, a future presidential administration or ATF director could revoke or modify this policy. Oregon gun owners who rely on non-enforcement rather than active registration remain vulnerable if federal policies shift.

Two key things to be aware of:

  1. The ATF is still accepting “voluntary” registration of these devices so people in states like Oregon have a way to comply with Oregon law.
  2. The requirement that the ATF be alerted when you cross state lines with one of these devices is still in effect.

Irrespective of the outcome of the coming election, it is a near certainty that the Oregon legislature is going to move to the left.  We really hope we are wrong about this, but that’s the way the wind is blowing.

However, what we learned last session was that the Republicans, when they have the will and when they hear from you, have the means to effect positive changes in Oregon’s gun laws.  Let’s not let them forget that.