What do new ATF guidelines mean to North Carolinians?

What do new ATF guidelines mean to North Carolinians?

 

Disclaimer: This is for general information only. None of what follows is legal advice. Before doing anything potentially risky, check with a lawyer familiar with NFA requirements.

As you probably know, within Donald Trump’s “One Big Beautiful Bill” was a provision removing the $200 tax stamp from short-barreled rifles (SBRs), short-barreled shotguns (SBSs), suppressors (aka “silencers”) and “any other weapons” (AOWs).

 

The litigation

 Next, multiple organizations sued on the basis that the 1934 National Firearms Act was passed by Congress as a taxation statute, making it unconstitutional once the tax was removed. According to John Crump, writing in Ammoland.com:

“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).”

On August 5, 2026, Judge Wesley Hendrix of the federal District Court for the Northern District of Texas ruled that, because the 1934 NFA is a taxation statute (passed in those long-ago days when Congress still understood it lacked Constitutional power to regulate guns), registration and approval requirements for those items exceed Congress’s constitutional authority once the taxes were removed. Better yet, the Department of Justice announced they would not appeal the decision.

However, (and it is a big however), the decision was “as applied” to the plaintiffs, meaning it did not apply to those not members of the litigating entities and, generally speaking, did not apply outside the Fifth Circuit Court of Appeals where the decision was rendered.

 

Resulting ATF guidelines

According to John Crump and ammoland.com, at a recent meeting for federally licensed dealers, ATF Director Rob Cekada and other “high-ranking ATF officials” said that guidance should be out in a few weeks. At issue are: (1) Whether transfers for SBRs, SBSs, suppressors, and AOWs can be made on Form 4473s (as with ordinary firearms); (2) Interstate transportation (which currently requires ATF permission); and (3) What about the 15 states which currently require NFA registration to own those items, including North Carolina?

 
Well, the ATF guidance is out, and it is good. Says the ATF:

“As a matter of enforcement discretion, the Department will not enforce the NFA against any person as applied to the domestic manufacturing, possession, and transfer of short-barreled rifles, short-barreled shotguns, silencers, and “any other weapons” (concealable firearms other than pistols and revolvers).”  [emphasis added]

With respect to interstate transportation of NFA items, the ATF guidance adds:

“May a person transport a short-barreled rifle or short-barreled shotgun in interstate commerce? Yes, but individuals must continue to file a Form 20 before engaging in interstate transportation of a short-barreled rifle or short-barreled shotgun, even if it is unregistered. 18 U.S.C. § 922(a)(4).  

 

What it means to North Carolinians

Although this means SBRs, SBSs, suppressors and AOWs may now be transferred on a standard Form 4473 per federal law, you still have to meet the requirements of state law. From a media release by the Firearms Policy Coalition:

“That should have been the end of it. But in 15 states, it wasn’t. Alaska, Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington, and Wisconsin still have laws that tie the legality of some NFA-classified arms to compliance with federal registration requirements.”

Circa 1993 (before Grass Roots North Carolina existed), somebody reclassified NFA items as “weapons of mass death and destruction” which, with limited exceptions, private citizens can’t own. One of the listed exceptions, under N.C.G.S. § 14-288.8(b)(5), which includes: “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 anyone approved for NFA items by the ATF.

Translated, even if you are one of the named plaintiffs, unless you go through the NFA approval and registration provision for SBRs, SBSs, suppressors, and AOWs (and also machine guns and “destructive devices,” which were not covered by the decision), you can’t own them in North Carolina.

That’s the bad news. The good news is that the guidelines also say: 

“Will ATF permit individuals to file registration forms voluntarily? Yes.  ATF will continue to maintain the National Firearms Registration and Transfer Record and approve all NFA forms for those who voluntarily wish to submit them.”

That means there is no immediate emergency for those owning or buying the NFA items in question provided they “voluntarily” submit a Form 4 (for transfer) or Form 1 (for manufacture) of the items.

 

GRNC calls on legislators to fix the problem NOW!

We don’t know whether we will have a supermajority in the next session of the General Assembly. Accordingly, GRNC is calling on Senate President Pro Tempore Phil Berger and Speaker Destin Hall to immediately, convene a voting session to ensure that law-abiding gun owners remain law-abiding.

GRNC has submitted corrective language to lawmakers who have asked to run it. In coming days, we will be demanding action by Republican leadership. Until we can change NC statutes to comply with federal law, however, GRNC strongly suggests that you continue to comply with N.C.G.S. § 14-288.8(b)(5) for all NFA items and continue monitoring GRNC alerts.

Armatissimi e liberissimi,

F. Paul Valone

President, Grass Roots North Carolina

Executive Director, Rights Watch International

Host, Guns, Politics and Freedom

Author, Rules for ANTI-Radicals: A Practical Handbook for Defeating Leftism

 

P.S. I realize that what GRNC and RWI do is not always obvious. But please understand that we are slugging it out for your rights every day. If you can contribute $250, $125, or even $50, it will help us continue to defend your freedom.