Week Ending Oct. 10: ATF Won’t Require NFA Approval for Suppressors or SBRs

ATF said Friday that, effective October 9th, it will no longer require NFA approval or registration for suppressors, short-barreled rifles and shotguns, and “any other weapons.” Pennsylvania law still applies, and at home a new 1% tax on guns and ammunition (HB 2808) is sitting in House Judiciary.

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ATF made the biggest gun news of the week on Friday, Oct. 9, but there’s plenty here at home too, starting with a new tax on guns and ammunition sitting in the Pennsylvania House.

ATF stops requiring NFA approval for suppressors and SBRs

ATF’s director put out an open letter Friday saying that, effective October 9th, ATF “will no longer require individuals to seek ATF approval under the NFA before making or transferring short-barreled rifles, short-barreled shotguns, silencers, and ‘any other weapon[s].'” It won’t require registration either, and the policy applies “to anyone otherwise subject to these requirements, not just to the plaintiffs in the litigation.” But ATF’s letter does not make these items legal in states that still regulate or ban them. If your state restricts suppressors, short-barreled rifles or shotguns, or “any other weapons,” that state law still applies, and you can still be charged under it.

That’s a huge win, and it grew out of the $0 tax Congress passed last year and an August ruling by a federal court in Texas that only covered the plaintiffs. It’s ATF’s enforcement policy, not a repeal of the law, and machine guns and destructive devices are excluded. Background checks and dealer records stay in place, and ATF says to keep filing a Form 20 before taking a short-barreled rifle or shotgun across state lines.

It’s federal only, and state law still applies. ATF says most states make it a crime to possess some or all NFA items, often with an exception for items registered under federal law, so check Pennsylvania law with a lawyer or local law enforcement before you act on this or take an unregistered item into another state.

A 1% tax on guns and ammo, in black and white

HB 2808 was filed September 28th, and it puts a 1% sales tax on every firearm sold and a 1% tax on every unit of ammunition sold, paid by the seller, including online purchases that go through a dealer. It’s only been referred to House Judiciary and hasn’t had a vote, but you should know about it now.

New Jersey wants its rifle ban back

In July the full Third Circuit struck down New Jersey’s “assault weapon” and over-10-round magazine bans, 10 to 5. Pennsylvania is in the Third Circuit, so that ruling binds federal courts here. On Monday, New Jersey’s appeal asking the Supreme Court to undo it was docketed as No. 26-452. The response is due November 4th.

A one-vote House

On Tuesday the House passed HB 1604, a quarterly firearms training requirement for municipal police, 102 to 101. It isn’t a restriction on you, but that margin is why we’re watching HB 2244, the gun storage mandate. It’s been laid on the table since September 8th and can’t get a floor vote until it’s removed. If that happens, you’ll hear from us fast.

More from the federal side
DOJ reportedly dropped its under-21 handgun appeal, saying it won’t enforce that ban, though the law is still on the books. And the AR-15 ban case gets argued at the Supreme Court December 2nd.

The Pennsylvania Firearms Association is watching HB 2244 and HB 2808 every session day.

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For Freedom,
Chris DorrChris Dorr
Director
Pennsylvania Firearms Association