NFA Changes in 2026: Suppressors & SBRs in Minnesota

Since August, we’ve received more questions about suppressors and short-barreled rifles than about any other topic. This page explains what changed at the federal level in 2026, what did not change, and how Minnesota law fits in. We’ll update it as ATF, DOJ, the courts, and the Legislature act.

The short version

Federal enforcement has stopped. Since October 9, 2026, ATF has not enforced NFA registration or prior approval for making or transferring suppressors, short-barreled rifles (SBRs), short-barreled shotguns, and “any other weapons” (AOWs). That policy applies nationwide, not only to people covered by the Jensen ruling.
The NFA has not been repealed. This is an enforcement policy, and it could change.
Minnesota is an open question for suppressors. State law requires a suppressor to be “lawfully possessed under federal law.” Whether an unregistered suppressor meets that test has not been decided.
Short-barreled shotguns are still a felony in Minnesota under Minn. Stat. § 609.67, whatever happens federally.
Machine guns and destructive devices: nothing changed. The $200 tax and the full NFA process still apply, and machine guns remain prohibited under Minnesota law.
Registering is still available, and for Minnesotans it is still the most protective route until the state-law question is settled.

What changed in 2026

The tax went to $0

Congress reduced the NFA tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs to $0, effective January 1, 2026. The tax on machine guns and destructive devices is still $200.

Jensen v. ATF (August 2026)

On August 5, 2026, a federal judge in the Northern District of Texas ruled in Jensen v. ATF (consolidated with Silencer Shop Foundation v. ATF) that the NFA’s registration and approval requirements for suppressors, SBRs, short-barreled shotguns, and AOWs exceed Congress’s constitutional authority now that the tax on them is zero. The case was brought by a coalition including the Second Amendment Foundation, the Firearms Policy Coalition, the NRA, the Citizens Committee for the Right to Keep and Bear Arms, the Texas State Rifle Association, and Silencer Shop Foundation.

The court’s injunction protects the named plaintiffs and the people the judgment covers. The Department of Justice has said it does not intend to appeal.

ATF’s October 9 policy

On October 9, 2026, ATF announced that it will no longer enforce federal NFA registration or prior approval requirements for making or transferring suppressors, short-barreled rifles, short-barreled shotguns, and AOWs. DOJ chose to extend that nonenforcement to everyone, including people the Jensen judgment does not cover.

That difference matters. People covered by the judgment are protected by a court order. Everyone else is relying on the government’s enforcement discretion, which a future administration could change.

What did not change

The NFA itself. It has not been repealed.
Dealer licensing, recordkeeping, background checks (the ATF Form 4473), and the other Gun Control Act requirements.
The full NFA process and $200 tax for machine guns and destructive devices.
Prior ATF approval on Form 20 before you take an SBR across state lines.
Minnesota law. The Legislature has not changed any statute in response to Jensen or the ATF policy.

How Minnesota law fits in

Minnesota law prohibits possessing a suppressor that is “not lawfully possessed under federal law” (Minn. Stat. § 609.66, subd. 1a(a)(1)). The statute does not expressly require NFA registration. But the federal government declining to prosecute does not necessarily mean an unregistered suppressor is lawfully possessed under federal law. An enforcement policy changes what the government will prosecute; it does not necessarily change the underlying legal requirements. ATF’s notice leaves that state-law question unresolved, and no Minnesota court has decided it.

Minnesota has no categorical ban on short-barreled rifles, though other firearm restrictions still apply.

Short-barreled shotguns are different. Minnesota bans them outright in § 609.67, along with machine guns, trigger activators, and conversion kits, with narrow exceptions for law enforcement, licensed dealers, and BCA-certified collector’s items. Federal changes do not affect that ban.

Common questions

Can I buy a suppressor on just a Form 4473 now?

Under ATF’s current policy, a suppressor transfer can proceed with a Form 4473 and the required background check, without a Form 4 or prior NFA approval. That applies nationwide and does not depend on being covered by the Jensen judgment.

For Minnesota buyers, that is not the whole answer. Because state law requires a suppressor to be lawfully possessed under federal law, and that question is unresolved, buying without registering carries state-law risk that registering does not. Filing a Form 4 is still available.

Can I put a stock on my AR pistol, or convert a braced pistol into an SBR, without paperwork?

Adding a shoulder stock to an AR pistol with a barrel under 16 inches generally makes it an SBR. Under ATF’s October 9 policy, an otherwise eligible person making an SBR for personal use does not need to submit a Form 1 or get prior NFA approval. That applies nationwide. ATF is still accepting voluntary Form 1 applications.

“No Form 1” does not mean “no paperwork for every purpose.” You still need prior ATF approval on Form 20 before you take an SBR across state lines.

Do I still need to engrave a suppressor or SBR I make myself?

ATF says it will not enforce the NFA marking requirements for personally made suppressors and SBRs, including for people outside the Jensen judgment. That is nonenforcement, not repeal.

Minnesota adds a wrinkle. Under State v. Vagle, Minn. Stat. § 609.667 prohibits possessing a firearm without a serial number only when federal law requires one. Federal authorities declining to enforce the NFA’s marking rule does not necessarily stop Minnesota from enforcing its own statute. An SBR built on a receiver that already carries a serial number is a different situation from a homemade suppressor or SBR with no serial number at all. For a homemade item, “no engraving required” is too broad an answer.

Can I sell or transfer a suppressor to another private person?

Under ATF’s current policy, private suppressor transfers do not require Form 4 approval. A sale between two unlicensed residents of the same state generally requires no dealer, Form 4473, or background check. The seller still cannot knowingly transfer to a prohibited person, or ignore reasonable cause to believe the buyer is prohibited. A sale to a resident of another state must go through a dealer in the buyer’s state.

Minnesota’s Permit to Purchase and private transfer record requirements do not cover a suppressor alone, because it is neither a pistol nor a “semiautomatic military-style assault weapon.” The § 609.66 requirement that the suppressor be lawfully possessed under federal law still applies to the buyer.

Are short-barreled shotguns legal in Minnesota now?

No. Minnesota has prohibited them for decades under § 609.67, and changes in federal law have no effect on that ban.

I own an FFL. How should I handle suppressor and SBR sales?

We can’t give legal advice to businesses either. Follow ATF’s written guidance to licensees, and talk with counsel who handles FFL compliance before you change how you process these transfers.

I already have approved Form 4s or Form 1s. Do I need to do anything?

No. Registration has not been eliminated; it just isn’t being enforced in some cases. Keep your approved forms with the item, as before.

Our advice

Federal enforcement has stopped, but Minnesota law has not caught up, and the federal policy could change. If you want the most protection, keep using the Form 4 or Form 1 process, which ATF still accepts. If you’re deciding how to buy, build, or sell, talk with a Minnesota firearms attorney. We’ll update this page, and post on Facebook and X, as things change.