I’ve had several more readers contact me in the past week, asking about the Guidance from the BATF regarding SBRs, SBSes, Suppressors, and AOWs, in light of the August, 2026 Silencer Shop (and related Jensen) decision.
For non-licensee private individuals, here is the the most portion of the new Guidance is (with emphasis added):
“Although the district court’s injunction applies only to plaintiffs and certain other specified persons, the Department has determined to exercise its enforcement discretion to create greater uniformity, consistent with the Attorney General’s statement today. Consequently, effective October 9, 2026, 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]” as defined in 26 U.S.C. § 5845(e). ATF will also no longer require such items to be registered in the National Firearms Registration and Transfer Record. These policies apply uniformly to anyone otherwise subject to these requirements, not just to the plaintiffs in the litigation.”
They have also dropped their engraving requirements.
Take note that “enforcement discretion ” means that the agency could reverse itself, at a later date. But for now we have the green light to employ tubing cutters, drill presses, et cetera, as individuals, within our own states, IF state and local laws allow it. But beware: Be sure to consult your state and local laws before doing anything. If there are no restrictions then you can, as Donald Trump likes to say: “Drill baby, drill!”
For example, unlicensed individuals living in non-restrictive state can now:
- Shorten rifle and shotgun barrels and stocks to any desired length, or replace barrels with factory-made barrels of shorter length (i.e. put pistol barrels on rifles.
- Replace pistol arm braces with buttstocks.
- Add stocks and vertical foregrips to handguns.
- Install stocks on shotshell-chambered “firearms” such as the Mossberg Shockwave or Remington Tac-14.
- Make your own suppressor parts and/or complete suppressors.
Note that you cannot employ out-of-state help with tasks like machining, or you’d be in violation of the NFA. Also, you may not move suppressors across state lines without completing an ATF Form 20.
Also note that the guidance does not spell out the ATF’s planned procedures for removing some NFA items from the National Firearms Registration and Transfer Record (NFRTR — aka The NFA Central Registry). And clarifications is still needed on interstate travel and secondary transfers of formerly NFA items belonging to anyone who is in the Jensen Protected Class. Stay tuned.
And be sure to join the GOA so that you will be fully Jensen-protected, even if the notoriously fickle ATF decides to reverse their now quite generous enforcement discretion. – JWR.