Silencer Saturday #430: Big Changes Coming From The ATF

Daniel Y
by Daniel Y

Good afternoon, everyone, and welcome back to TFB’s Silencer Saturday, brought to you by Yankee Hill Machine, manufacturers of the new Victra 20-gauge shotgun suppressor. The ATF is proposing 34 new changes to its administrative rules, and many of those impact National Firearms Act items like silencers. This time, though, the changes all appear to make things easier for NFA enthusiasts.

 

Silencer Saturday @ TFB:


Disclaimer: This is not legal advice. Do not make any decisions based on this information, which is provided for general education and is not tailored to your individual situation.


If you saw posts about these new laws and got hung up on what they meant and how they work, fear not. I am a real-life attorney and government bureaucrat who spends far too much time dealing with this kind of thing. I do not work for the federal government, and none of my opinions here reflect the views of my employing agency, but creating and interpreting administrative rules is a significant part of my day job.


Before digging into these rules, it is worth noting that the full versions of the rules have not yet been published in the Federal Register as of writing. We are working from the synopses provided by ATF in the announcement rather than the actual rules. The full text of the rules will probably add more clarity and may include other bits of good news.


We should also briefly discuss what an administrative rule is. The Legislative Branch passes bills, which become laws. Those laws are carried out by the Executive Branch, which is where the ATF resides. Congress often includes general directions in the laws it passes that tell the agencies of the Executive Branch to do something. Those agencies can make administrative rules that further clarify the underlying law and explain how the agency will approach the general directives the Legislature provided.


When an agency proposes a rule, the public gets to comment on it. The agency then takes those comments and weighs them as it finalizes the rule. Sometimes the comments lead to changes, other times they don’t. These new rules will go through that process as well.


1140-AA98: Removing Factoring Criteria for Firearms with Attached “Stabilizing Braces” - NPRM


The ATF rule that included a widely-criticized scoring matrix to decide whether a pistol with an arm brace was actually a short-barreled rifle will be completely rescinded by this rule. This is great news for the probably hundreds of thousands of people who own these types of guns. The scoring criteria were described as “objective” but were in fact often subjective. I attempted to score one of my pistols, which has a stabilizing brace, and I was unable to determine an accurate score despite 1) working behind a gun counter for more than ten years, 2) writing for TFB, where my job is to accurately describe guns, and 3) being an attorney and bureaucrat. Disappearing completely is the best outcome for this rule, and I am happy to see it go.


1140-AA60: Revising Machine Gun Definition in Response to Supreme Court Decision - Final Rule


This is an exception to the caveats above, as it is a final rule that is now in effect. The Cargill decision was very clear that bump stocks are not machine guns. ATF had some rule text that said that they were, so this rule change cleans that up.


1140-AA70: Allowing Makers to Adopt Certain Markings for National Firearms Act - NPRM


This may be the most impactful change for some of our readers. The requirement that the manufacturer of an SBR, SBS, or AOW add their name when the item already has the name of the original manufacturer never made much sense. Well, that will soon be over. Condolences to people who bought laser engravers hoping they could recoup the cost by engraving the influx of new NFA items being made.


1140-AA89: Interstate Transport and Temporary Export of National Firearms Act - NPRM


One of the great annoyances of owning NFA items other than silencers is that permission from the ATF is required to take them across state lines. Getting that letter from the ATF in time for an upcoming trip is often impossible, meaning your SBR cannot travel to the match with you. Silencers have not been subject to these restrictions, and the rest of the NFA family will soon have that benefit.


1140-AB00: Joint Registration for Spouses under the National Firearms Act - NPRM


This should have happened long ago. Many married couples have to use trusts as an ownership structure so that both can have access to their NFA items. If you can have both spouses on the title of a home or a vehicle, then having both spouses on the ownership paperwork for a silencer would also make sense. If this will require your spouse to create an eForms account that may be more difficult than just sticking with the trust you probably already have.


1140-AA65: Removing CLEO Notification Under the National Firearms Act - NPRM


Once upon a time, the chief law enforcement officer had to approve an individual’s tax stamp. The obvious risks of bribery or partiality in approvals led the ATF to change this to a notification model instead of approval. Now the requirement is being removed entirely. Police departments seldom use this information, which is of questionable use anyways because the people jumping through regulatory hurdles are not generally involved in violent crime, but also is more paperwork for those agencies to deal with.


1140-AA75: Transferring Machine Guns Between Qualified Licensees - NPRM


This one only impacts SOTs, but it is a cleanup of the rules around demonstrating machine guns for government clients, and the process for winding up an SOT that ceases business. Additional clarity in both of those cases will help dealers avoid accidental felonies.


1140-AA76: Clarifying Special (Occupational) Tax Payments Per Business Activity - NPRM


This is another change for SOTs to clarify how much they should pay in taxes based on the kind of business they are engaged in.


1140-AA83: Changes to National Firearms Act Tax Remittance Provisions - FINAL RULE


The One Big Beautiful Bill took most NFA tax stamps down to $0 (with the exception of destructive devices and machine guns), and there are various ATF rules that needed changes to reflect that. This is also a final rule, meaning it is now in effect.


Thanks for joining us for another edition of Silencer Saturday. These are exciting times to be involved with suppressors, as well as NFA items more generally. Which of these changes are you most exited to see?


SILENCER SHOP –    HANSOHN BROTHERS –    DEADEYE GUNS

MAC TACTICAL

ALL YHM PRODUCTS AT BROWNELLS

DEALERS: If you want your link to buy YHM suppressors included in future Silencer Saturday posts, email:   silencers@thefirearmblog.com




Daniel Y
Daniel Y

AKA @fromtheguncounter on Instagram. Gun nerd, reloader, attorney, and mediocre hunter.

More by Daniel Y

Comments
Join the conversation
2 of 21 comments
  • Cha234479839 Cha234479839 on May 05, 2026

    What is "SOT"?

  • Tho139248934 Tho139248934 on May 05, 2026


    Search Assist




    SOT stands for Special Occupational Taxpayer, which is a status that allows Federal Firearms License (FFL) holders to manufacture and deal in National Firearms Act (NFA) firearms, including machine guns. There are different classes of SOT, with Class 2 specifically for manufacturers of NFA items like machine guns.


Next