States Split on SBR and Suppressor Laws After ATF Ends NFA Registration Enforcement
Florida, Idaho, and Mississippi officials recognize federal NFA relief, Montana lawmakers prepare legislation, and Maryland insists that federal registration requirements remain in place.
The Bureau of Alcohol, Tobacco, Firearms and Explosives has stopped enforcing major National Firearms Act (NFA) registration requirements nationwide, but the fight over short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and suppressors is far from over.
Since ATF issued its October 9 guidance, officials in Florida, Idaho, Mississippi, Montana, and Maryland have taken different approaches to the federal government’s retreat from NFA enforcement. Some have recognized that federal registration is no longer mandatory under the current policy, others are preparing legislation to remove state restrictions, and Maryland has instructed gun owners that its registration requirements remain firmly in place.
The differing responses reveal another obstacle standing between Americans and their Second Amendment rights: state laws built around a federal registration scheme that a federal court has found unconstitutional.
As AmmoLand previously reported, ATF’s October 9 guidance followed the federal government’s decision not to appeal the injunction in Silencer Shop Foundation v. ATF. The agency announced that it would no longer enforce specified NFA making, transfer, registration, and tax-stamp requirements for SBRs, SBSs, suppressors, and certain other weapons.
The nationwide relief comes through the Department of Justice’s exercise of enforcement discretion, while the federal injunction protects the plaintiffs and other covered parties. ATF also made clear that its policy does not override state or local firearms laws.
That distinction is now driving action in statehouses, attorneys general’s offices, and law enforcement agencies across the country.
Montana Lawmakers Prepare to Remove State NFA Restrictions
Montana is moving toward legislative reform following the federal developments.
On October 19, Republican lawmakers announced plans to introduce legislation during the 2027 legislative session to remove state restrictions affecting suppressors, short-barreled rifles, and short-barreled shotguns.
State Sen. Wylie Galt of Martinsdale requested legislative drafts in September. Sen. Carl Glimm of Kila and Rep. Braxton Mitchell of Columbia Falls are also involved, with lawmakers planning corresponding bills in both chambers. Galt made his position clear:
“We never want to see the feds get ahead of Montana on protecting Second Amendment rights, so we’re going to axe these unnecessary regulations as fast as possible.”
The legislation would address state restrictions that remain an obstacle despite the federal government’s changed enforcement policy.
As promised. I’ve been working with MT Leg. Republicans on a bill to REPEAL all Montana state laws requiring ATF Form 4 tax stamps for suppressors, SBRs and SBSs in Montana.
Kudos to Senators Wylie Galt and Carl Glimm, and Rep. Braxton Mitchell. https://t.co/LTSNdONFCx
— Austin Knudsen (@MTAGKnudsen) October 19, 2026
Montana Attorney General Austin Knudsen has acknowledged that changes to state law are necessary. His office previously warned that federal relief does not automatically eliminate Montana’s own criminal statutes governing certain NFA firearms.
The legislative proposals have not yet been enacted. Until Montana changes its laws or receives a controlling judicial ruling, gun owners must still account for the state’s existing restrictions.
Nevertheless, the announcement establishes a path toward removing those restrictions rather than continuing to rely on federal registration as a condition of lawful ownership.
Florida Prosecutor Confirms Federal Registration Is Not Required Under His Interpretation of State Law
Florida has taken a different approach, with a state attorney examining how the federal developments affect existing Florida law.
On October 11, Brian S. Kramer, State Attorney for Florida’s Eighth Judicial Circuit, issued a memorandum to sheriffs, police chiefs, and law enforcement command staff covering Alachua, Baker, Bradford, Gilchrist, Levy, and Union counties.
Kramer addressed Florida Statute § 790.221, which generally prohibits possession of short-barreled rifles and shotguns but exempts firearms lawfully owned and possessed under federal law. His memorandum concludes that Florida law does not independently require ATF registration or a tax stamp for SBRs and SBSs that are otherwise lawfully possessed under federal law. That interpretation has consequences beyond whether a gun owner must possess an approved ATF form.
Kramer advised law enforcement that the mere possession of an SBR, SBS, or suppressor without federal registration paperwork should not, by itself, establish reasonable suspicion or probable cause for detention, search, seizure, or arrest. In other words, officers should not automatically treat an otherwise lawful firearm or suppressor as evidence of criminal activity simply because its owner lacks NFA paperwork.
The memorandum also recognizes that Florida does not independently prohibit suppressor possession and that separate restrictions involving prohibited persons, criminal use, or other unlawful circumstances remain applicable.
.@GunOwners fought the NFA, beat its registry in court, and pushed for nationwide relief. ATF now makes registration voluntary for suppressors, SBRs, SBSs & AOWs.
Florida adds no separate NFA registration requirement under 790.221. You can legally own them with no NFA forms. https://t.co/gAUIgTLjXb
— Luis Valdes (@RealFLGunLobby) October 13, 2026
Kramer’s guidance is significant because it addresses both Florida’s statutory restrictions and the Fourth Amendment protections of gun owners.
However, it is important to understand the scope of the memorandum. Kramer is an elected state attorney responsible for six counties, not Florida’s attorney general. His interpretation concerns statewide law, but it does not bind prosecutors throughout Florida or constitute a statewide court ruling.
The memorandum provides a clear example of a Florida prosecutor recognizing the practical consequences of ATF’s NFA retreat without waiting for the Legislature to rewrite the statute.
Idaho Attorney General Announces NFA Relief for Gun Owners
Idaho Attorney General Raúl Labrador announced on October 12 that Idaho residents can acquire suppressors, SBRs, and SBSs without federal NFA registration, tax stamps, or advance approval under ATF’s new policy.
Labrador pointed to Idaho’s participation alongside 14 other states in the Silencer Shop Foundation litigation, which challenged the federal registration system after Congress eliminated the making and transfer taxes on the covered firearms.
The Idaho attorney general’s announcement recognizes the practical effect of the federal victory for residents of a state that does not impose the same registration barriers as states such as Maryland.
However, Labrador also acknowledged a weakness in relying on federal enforcement discretion: a future administration could reverse the policy.
That possibility remains relevant throughout the country. Although DOJ declined to appeal the federal injunction, ATF’s nationwide nonenforcement policy is broader than the court’s party-specific relief.
The federal government’s retreat is a substantial victory, but the right to keep and bear arms should not depend on whether a particular administration chooses to enforce an existing statute.
Mississippi AG Confirms Suppressor Form 4 Is Voluntary
Mississippi Attorney General Lynn Fitch has also recognized the implications of the federal guidance.
In an October 12 statement, Fitch concluded that ATF Form 4 registration is voluntary for suppressors under Mississippi law following the federal government’s change in enforcement policy.
Mississippi Code § 97-37-31 connects lawful suppressor possession to federal authorization. Fitch’s interpretation recognizes that the state’s reference to federal requirements does not independently make Form 4 registration mandatory under the current circumstances.
As AmmoLand reported on October 13, Fitch also plans to seek legislative changes during the 2027 session to remove references to federal law and address additional restrictions, including provisions concerning concealed possession of suppressors.
The American Suppressor Association welcomed Fitch’s announcement and expressed support for the planned legislative changes.
Unlike Idaho’s announcement, which expressly addressed suppressors, SBRs, and SBSs, Fitch’s October 12 statement focused on suppressors. It should not be interpreted as a blanket declaration removing all Mississippi restrictions on short-barreled firearms.
Mississippi’s approach illustrates why permanent statutory reform remains necessary even in states where officials have issued favorable interpretations of the federal developments.
Maryland State Police Insist Federal SBR Registration Remains Mandatory
While other states recognize the federal changes or prepare to remove remaining restrictions, Maryland has issued guidance reaffirming its existing registration requirements.
On October 15, the Maryland State Police Licensing Division issued guidance addressing the federal government’s October 9 announcement. The advisory declares:
“The ATF’s open letter does not change Maryland’s requirements for NFA firearms.”
Maryland Public Safety § 5-203 generally prohibits possession of SBRs and SBSs unless they have been registered with the federal government in accordance with federal law, subject to statutory exceptions.
The Maryland State Police further instructed that individuals seeking to make, acquire, or transfer these firearms must continue submitting the appropriate ATF Form 1 or Form 4 and obtain approval before completing applicable Form 4473 and Maryland 77R requirements.
Maryland’s statute also places the burden on defendants to establish lawful registration when prosecuted under the provision. Violations can result in imprisonment of up to five years, a fine of up to $5,000, or both.
Maryland, unlike Montana, Florida, and Idaho, is insisting that its existing requirements remain enforceable despite ATF’s decision to stop mandating federal registration.
That creates a particularly troubling situation for gun owners. The federal government has stepped away from enforcing registration requirements for covered firearms, yet Maryland continues to condition lawful possession on compliance with that federal paperwork system.
ATF has said it will continue accepting voluntary NFA applications partly because state laws still require registration. Maryland is expressly directing gun owners to use that process.
The October 15 advisory specifically addresses SBRs and SBSs. It should not be interpreted as imposing a new federal registration requirement on suppressors.
Gun Rights Groups Target NFA Restrictions in 15 States
The conflict is not confined to the five states that have issued the announcements or proposals discussed above. On October 9, Firearms Policy Coalition announced that its attorneys had sent letters to the attorneys general of 15 states whose laws connect possession of certain firearms or suppressors to federal NFA requirements.
Those states are Alaska, Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington, and Wisconsin.
FPC called on state officials to immediately stop enforcing restrictions dependent on the federal registration scheme and work toward permanent legislative repeal. The laws are not identical. Some condition possession on federal registration, while others incorporate federal authorization or compliance requirements in different ways.
The letters do not establish that each state has agreed to change its enforcement policy. They do, however, identify the next significant area of litigation and legislative action following the federal NFA victory.
The American Suppressor Association has also committed to addressing state restrictions, recognizing that federal nonenforcement does not necessarily translate into lawful possession under every state’s statutes.
Read FPC’s announcement and state-law initiative.
The NFA Fight Is Far From Finished
The developments in Florida, Idaho, Mississippi, Montana, and Maryland demonstrate how complicated the legal landscape has become since ATF abandoned enforcement of major NFA registration requirements.
Gun owners must also remember that federal relief is not unlimited. Machine guns and destructive devices remain subject to the NFA, federal dealer-transfer requirements under the Gun Control Act still apply, and interstate transportation of SBRs and SBSs continues to require ATF Form 20 approval.
More importantly, the nationwide nonenforcement policy is not the same thing as Congress repealing the registration statutes. ATF has acknowledged that a future administration could change course, and federal law provides no automatic guarantee that currently unregistered firearms would be grandfathered if enforcement resumes.
The federal victory has exposed the problem with allowing state criminal laws to depend on a federal registration system that is no longer being enforced.
Florida’s prosecutor has recognized that possessing an unregistered SBR does not automatically establish criminal conduct. Idaho and Mississippi officials have acknowledged the federal changes. Montana lawmakers are preparing to remove their restrictions.
Maryland, meanwhile, continues to insist on federal registration as a condition of lawful possession.
The right to keep and bear arms is not a privilege granted by ATF, nor should exercising it require Americans to navigate conflicting interpretations of federal and state registration laws.
The courts have already dealt a significant blow to the NFA’s registration scheme. Now state lawmakers and officials must confront the restrictions that remain.
Ending federal enforcement was a major victory. Eliminating the remaining state prohibitions and making those protections permanent is the next fight for gun owners.
About Duncan Johnson:
Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor and editor-in-chief for AmmoLand News and is responsible for AmmoLand’s daily gun-rights reporting and industry coverage.