State law on suppressors, SBRs, SBSs and AOWs: an overview

On October 9, 2026, ATF announced it will stop enforcing federal registration for suppressors, short-barreled rifles, short-barreled shotguns and AOWs. It's a real shift, but in practice, not in the law. The National Firearms Act is still on the books, and a policy can change faster than a statute. ATF acted after an August 5 federal court ruling in Texas, Silencer Shop Foundation v. ATF, which protects only the plaintiffs and the members and customers it names.

Then there's state law, which no ATF letter can change, and that's what this map is about. In some states I found no restriction on these items. In many, they're restricted unless they fit an exception tied to federal law: if the exception requires registration, an unregistered item doesn't qualify; if it just says “federal law,” the answer is mostly unsettled. And some states just say no. That last list will shock no one: California, New Jersey, Illinois and Massachusetts are all on it. If you also guessed New York and Hawaii, give yourself full marks.

Informational only, not legal advice. ATF's policy can change, other federal rules still apply, and a color is not approval to buy, make, possess or transfer an item. Read the full note below before you rely on any of this.

View laws for

Map shows: Suppressors.

Not a transfer approval
AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingDistrict of Columbia

Small states and DC

  • No item-specific restriction foundI found no state statute restricting possession of this item. Use rules, such as hunting rules, and general firearm laws, such as licensing, still apply. This is not approval to buy or transfer one.
  • Registration or other requirements applyState law restricts the item unless it is federally registered or another stated condition is met. An unregistered item does not fit the exception as written.
  • UnsettledThe answer is not settled. Usually the state has an exception that turns on federal law, and how that applies to an item that was never registered is undecided. In a few states the doubt comes from another state law, such as an assault-weapon definition, or depends on the item.
  • Prohibited under state lawOn the text, state law bars ordinary civilian possession or allows it only by a state permit. Federal registration does not change that.

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51 jurisdictions

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Alabama

Suppressors: No item-specific restriction found

Short answer for Alabama: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (the Conservation Advisory Board lifted its hunting ban in 2014)None needed
SBRUnsettledRestricted: Class C felony if "in violation of federal law"Federal compliance
SBSUnsettledRestricted: Class C felony if "in violation of federal law"Federal compliance
AOWNo item-specific restriction foundNo state statute found restricting itNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBRs/SBSs; No state restriction found for suppressors and AOWs. Section 13A-11-63 turns on "violation of federal law" and does not mention registration. If the NFA is still law but unenforced, whether an unregistered SBR/SBS is still "in violation of federal law" is an open question, and no Alabama case or AG opinion construing the phrase was found.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Alabama, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Alabama's only NFA-item statute is § 13A-11-63. It makes it a Class C felony (1 to 10 years) to possess, obtain, receive, sell or use an SBR or SBS "in violation of federal law", with a peace-officer exemption. The wording is a federal compliance test, not a federal registration test: it does not mention the NFA, the NFRTR or a tax stamp. The offense is therefore an incorporation of federal law. Whether it is committed depends on whether the person is "in violation of federal law."

My interpretation: after the Aug. 5, 2026 ruling and the Oct. 9, 2026 ATF letter, an unregistered SBR/SBS is still arguably a violation of the unrepealed federal statutes (26 U.S.C. 5861 and related), which ATF has simply chosen not to enforce. A prosecutor could argue "violation of federal law" means the statute's text, regardless of enforcement. How this wording applies to an unregistered item is untested. Plaintiffs in the Silencer Shop case are covered by the injunction. The text does not resolve this, so I rate the SBR/SBS result as Unclear, and the cautious assumption is that the "in violation of federal law" clause may still reach an unregistered SBR/SBS until a court or the Alabama attorney general says otherwise.

Definitions: SBR is a rifle with a barrel under 16 inches, or a weapon made from a rifle with overall length under 26 inches. SBS is a shotgun with a barrel under 18 inches, or overall length under 26 inches. Alabama has no vertical-foregrip or other federal-style AOW statute that I found. I found no state suppressor or AOW restriction, so I do not expect the ATF letter to change the state-level result for those.

Statutory text

Ala. Code § 13A-11-62 — Definitions (Art. 3, Div. 1A)

Source: alison.legislature.state.al.us/code-of-alabama?section=… (retrieved 2026-10-12; history line shows Acts 1982-430, 2022-133, 2022-438)

"For purposes of this division, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

"(1) FIREARM. As defined under Section 13A-8-1.

[...]

"(3) SHORT-BARRELED RIFLE. A rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than 26 inches.

"(4) SHORT-BARRELED SHOTGUN. A shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

Ala. Code § 13A-11-63 — Short-barreled rifle or shotgun

Source: alison.legislature.state.al.us/code-of-alabama?section=… (retrieved 2026-10-12; history line ends with Act 2010-496)

(a) A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in violation of federal law is guilty of a Class C felony.

(b) This section does not apply to a peace officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in the course of or in connection with his or her official duties.

Ala. Code § 13A-11-82.1 (Act 2025-54, SB116, 2025 RS) — Pistol-to-machine-gun conversion parts

Source: alison.legislature.state.al.us/code-of-alabama?section=… (retrieved 2026-10-12; history Act 2025-54 §1)

(b) A person who possesses, obtains, receives, sells, or uses a part or combination of parts designed and intended to convert a pistol into a machine gun is guilty of a Class C felony.

(c) This section does not apply to any of the following:

[...]

(2) A person who owns or has in his or her possession, control, care, or custody a firearm, part, or combination of parts that are registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or is otherwise not subject to that registration requirement.

This is a registration-type exemption, but it concerns machine-gun conversion parts only, not suppressors, SBRs, SBSs or AOWs.

Suppressors — no statute found

I reviewed the section titles in Title 13A, Ch. 11, Art. 3, Divisions 1 (13A-11-50 to 61.3), 1A (62-66) and 2 (70-85) section titles; none mention silencers/suppressors or sawed-off firearms beyond 13A-11-62/63. No Alabama Code section restricting suppressors/silencers was found.

Related provisions

  • Hunting with suppressors: the Conservation Advisory Board lifted the ban in 2014 (outdooralabama.com/node/1475). Article says suppressors must be "legally purchased"/tax-stamped. The 2025-26 regulation book (outdooralabama.com) contains no "suppress"/"silenc" text, so I found no current written rule.
  • Alabama has no state assault-weapon ban found; no state NFA-item permit or registration scheme found.

Post-ruling guidance and recent legislation

  • No statement by the Alabama AG or state agencies on the Aug. 5 ruling or the Oct. 9 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Alabama law).
  • Legislation: SB119 (2025 RS) amends §§ 13A-11-61 and 13A-11-72 (not NFA items). No 2025-2026 amendment to § 13A-11-63 found.
  • Sept. 4, 2026: Alabama's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Alabama law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Alaska

Suppressors: Registration or other requirements apply

Short answer for Alaska: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (a "prohibited weapon"; possession is a class C felony unless the affirmative defense of NFA registration is proved)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (rifle under 16 in. barrel or under 26 in. overall is a "prohibited weapon"; same affirmative defense)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (shotgun under 18 in. barrel or under 26 in. overall is a "prohibited weapon"; same affirmative defense)Federal registration
AOWNo item-specific restriction foundNot separately restricted by name; only caught if it fits a "prohibited weapon" category (e.g. sawed-off dimensions, muffling device, auto-fire). Otherwise no state restrictionNone needed (federal registration defense if it falls in a prohibited category)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal (on the text) - AS 11.61.200(a)(3) makes manufacture, possession, transport, sale or transfer of a prohibited weapon a class C felony, and the only federal-law hook, subsection (c), is an affirmative defense requiring the conduct to be "in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act)"; an item no longer registered with ATF would not appear to qualify, though no case law was reviewed.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Alaska, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

Alaska does not license or register these items itself. Instead it defines "prohibited weapon" to include suppressors ("device designed, made, or adapted to muffle the report of a firearm"), machine guns, short-barreled rifles and shotguns (and sawed-off-style firearms under 26 in. overall), and certain explosives. Manufacturing, possessing, transporting, selling or transferring one is a class C felony. The text carves out an exception only as an affirmative defense in (c): the conduct must be "in accordance with registration under 26 U.S.C. 5801-5872." That is a registration-type exception; it does not say "lawful under federal law" or "not in violation of federal law."

Interpretation (not text): an item that is unregistered but within ATF's Oct. 9, 2026 non-enforcement policy has no registration to be "in accordance with," so the defense appears unavailable, and the state offense appears to remain fully in force. Because it is an affirmative defense, the defendant bears the burden of raising it. How this wording applies to an unregistered item is untested. Federal law is also not tied into the definition of the offense, so ATF's change does not alter the state elements. An existing registration may support the defense; whether it applies depends on the person, the item and the conduct. AOWs are not named: a typical AOW (e.g. a smooth-bore pistol, pen gun) is not in the (h)(1) list unless it meets the sawed-off dimensions, muffle, or automatic-fire criteria. Note the overall-length prong in (D) is 26 inches, which could catch some firearms that are not federally classed as SBR/SBS.

Statutory text

AS 11.61.200 - Misconduct involving weapons in the third degree

Source: akleg.gov/basis/statutes.asp?media=print&secStart=11.61… (retrieved 2026-10-12; no currency date shown on the page)

(a) A person commits the crime of misconduct involving weapons in the third degree if the person [...] (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon; [...]

(c) It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act).

[...]

(e) The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.

[...]

(h) As used in this section, (1) prohibited weapon means any (A) explosive, incendiary, or noxious gas (i) mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death; (ii) rocket, other than an emergency flare, having a propellant charge of more than four ounces; (iii) bomb; or (iv) grenade; (B) device designed, made, or adapted to muffle the report of a firearm; (C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or (D) rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches; [...]

(i) Misconduct involving weapons in the third degree is a class C felony.

Also relevant, (a)(10): a convicted felon who "resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling" (subject to exceptions in (b)(2)).

Related provisions

  • AS 11.61.200(h)(1)(D) independently sets Alaska's own barrel/overall length thresholds (16 in. rifle, 18 in. shotgun, 26 in. overall), not tied to federal definitions.
  • Hunting with a suppressor: Alaska's hunting regulations (5 AAC 92) are outside this guide and may restrict suppressors.
  • Preemption of local firearm ordinances, AS 29.35.145(a) (akleg.gov/basis/statutes.asp?media=print&secStart=29.35…, retrieved 2026-10-12): "The authority to regulate firearms and knives is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxation, or registration of firearms or knives."
  • No Alaska assault-weapon law was identified.

Post-ruling guidance and recent legislation

  • No Alaska AG, Department of Public Safety, or other state statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Alaska law).
  • No 2025-2026 legislation amending AS 11.61.200 found as of 2026-10-12.
  • Sept. 4, 2026: Alaska's Acting Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Alaska law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Arizona

Suppressors: Unsettled

Short answer for Arizona: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. The answer for suppressors, SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (prohibited weapon unless possessed, manufactured or transferred "in compliance with federal law")Federal compliance
SBRUnsettledRestricted, with an exception (same)Federal compliance
SBSUnsettledRestricted, with an exception (same)Federal compliance
AOWNo item-specific restriction foundNot a listed prohibited weapon unless it also meets the barrel/overall-length or silencer definitions; otherwise no restrictionNone needed (except where it overlaps the SBR/SBS definition)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — The exception says "in compliance with federal law" and does not name registration. Whether an unregistered suppressor/SBR/SBS that ATF has chosen not to enforce against is "in compliance with federal law" is untested, because the NFA statutes remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Arizona, the exception for suppressors, SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Arizona defines "prohibited weapon" to include silencers, machine guns, and short-barreled rifles/shotguns (rifle under 16 in., shotgun under 18 in., or a firearm made from a rifle/shotgun under 26 in. overall). Manufacturing, possessing, transporting, selling or transferring one is misconduct involving weapons, a class 4 felony (A.R.S. 13-3102(A)(3), (M)). The statutory exception (13-3101(B), verbatim above) removes items "possessed, manufactured or transferred in compliance with federal law." That is a federal compliance exception: it does not mention NFA registration, a tax stamp or the NFRTR. Text says only "compliance with federal law"; my interpretation follows. Because ATF's Oct. 9, 2026 letter is enforcement discretion and does not repeal the NFA, a court could read "compliance" as still requiring registration (the statute is still on the books). How this wording applies to an unregistered item is untested; the cautious assumption is that the exception may not cover an unregistered item until a court or the Arizona attorney general says otherwise. AOWs are not named; a smooth-bore pistol or similar AOW is not a prohibited weapon unless it meets a listed definition. Arizona has no state registration or permit scheme.

Statutory text

A.R.S. § 13-3101 — Definitions ("prohibited weapon")

Source: azleg.gov/ars/13/03101.htm (retrieved 2026-10-12; page shows no currency note)

8. "Prohibited weapon": (a) Includes the following: (i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas. (ii) A device that is designed, made or adapted to muffle the report of a firearm. (iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger. (iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches. (v) A breakable container that contains a flammable liquid [...] (vi)-(viii) [...] (b) Does not include: (i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances. (ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes. (iii) A device that is commercially manufactured primarily for the purpose of illumination.

B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law.

A.R.S. § 13-3102 — Misconduct involving weapons

Source: azleg.gov/ars/13/03102.htm (retrieved 2026-10-12; no currency note shown)

A. A person commits misconduct involving weapons by knowingly: [...] 3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or 4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; [...]

M. [...] Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony. [...]

Related provisions

  • A.R.S. 13-3101(A)(8)(b) fireworks/propellant-tool/illumination exclusions (verbatim above).
  • A.R.S. 13-3108(A)-(B) (azleg.gov/ars/13/03108.htm): "a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state" (subject to subsection G exceptions). Local bodies cannot add their own suppressor/SBR rules.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 (no Arizona AG or DPS statement). The azleg.gov pages for 13-3101 and 13-3102 carry no revision note, and no 2025-2026 amendment to the quoted text was apparent.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Arkansas

Suppressors: No item-specific restriction found

Short answer for Arkansas: I found no item-specific state restriction on possessing suppressors; general firearm laws still apply. The answer for SBRs, SBSs and AOWs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (the "silent discharge" prohibition was deleted by Acts 495 and 1051 of 2019; no state registration)None needed
SBRUnsettledNo state restriction found (§ 5-73-104(a) no longer names "sawed-off shotgun or rifle"; deleted by Act 1051 of 2019). Only the catch-all in (a)(3) is conceivably in play, and subsection (b) excepts items in compliance with the NFA as it existed on Jan. 1, 2019.Federal compliance (catch-all only; otherwise none needed)
SBSUnsettledSame as SBRFederal compliance (same reasoning)
AOWUnsettledNo state restriction found (not named in § 5-73-104; only the catch-all in (a)(3) is conceivably in play, with the same NFA-compliance exception).Federal compliance (catch-all only; otherwise none needed)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No named prohibition found; a catch-all clause makes the answer for SBRs, SBSs and AOWs uncertain - Arkansas's prohibited-weapons statute, § 5-73-104(a), now lists only a bomb, metal knuckles and an "other implement for the infliction of serious physical injury or death that serves no lawful purpose." It does not name suppressors, SBRs, SBSs or AOWs, and I found no Arkansas registration requirement. Subsection (b) states that the section "does not apply" to an item in compliance with the National Firearms Act "as either existed on January 1, 2019," a date-frozen reference, so ATF's 2026 enforcement discretion and the 2025 $0 tax do not change what "compliance" means there. For caution, I would treat an unregistered SBR, SBS or AOW as outside that exception and I would not assume the catch-all can never reach it.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Arkansas, the exception for SBRs, SBSs and AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Arkansas's criminal-use-of-prohibited-weapons statute, § 5-73-104, now covers only a bomb, metal knuckles, and a catch-all "other implement for the infliction of serious physical injury or death that serves no lawful purpose." Before 2019 it also listed machine guns, sawed-off shotguns and rifles, and any "firearm specially made or specially adapted for silent discharge." Act 1051 of 2019 deleted those three items from subsection (a), and Act 495 of 2019 (SB 400) separately targeted the silent-discharge item, so I found no state restriction on suppressors, SBRs or SBSs (no state registration and no state tax). The definitions of "sawed-off or short-barreled" rifle and shotgun remain in § 5-1-102(19) and (20) (rifle: barrel under 16 inches, or modified weapon under 26 inches overall; shotgun: barrel under 18 inches, or modified weapon under 26 inches overall), but I found no current offense in § 5-73-104 that uses them. Neither the definitions in § 5-73-101 nor those in § 5-1-102 define a silencer, suppressor or "any other weapon."

What the text says: subsection (b) tells us the section "does not apply" to an item in compliance with the National Firearms Act "or other applicable federal law, as either existed on January 1, 2019." My interpretation: that is a static, date-frozen reference, so the $0 tax, the Aug. 2026 Silencer Shop ruling and ATF's Oct. 9, 2026 non-enforcement letter would not change what "compliance" means. SBRs, SBSs and AOWs are not named, so the only route to them is the (a)(3) catch-all. I read that as unlikely to reach an ordinary firearm, but for a person holding an unregistered item I would not rule it out, because an unregistered item would not be "in compliance" with the 2019 NFA. A properly registered item appears to fall within the exception.

Statutory text

Ark. Code Ann. § 5-73-104 - Criminal use of prohibited weapons

Source: lexisnexis.com/hottopics/arcode/Default.asp (retrieved 2026-10-12; official Arkansas Code, current through the First Extraordinary Session, 2026; history ends with Acts 2019, No. 495, § 1 and No. 1051, § 1)

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any:

(1) Bomb;

(2) Metal knuckles; or

(3) Other implement for the infliction of serious physical injury or death that serves no lawful purpose.

(b) This section does not apply if the person uses, possesses, makes, repairs, sells, or otherwise deals in an item described in this section that is in compliance with the National Firearms Act, 26 U.S.C. §§ 5801- 5861, or other applicable federal law, as either existed on January 1, 2019.

(c) It is a defense to prosecution under this section that:

(1) The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the United States Armed Forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or

(2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.

(d)

(1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb.

(2) Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles.

(3) Otherwise, criminal use of prohibited weapons is a Class D felony.

Session law that produced this text (strike-through markup shows machine gun, sawed-off shotgun or rifle, and firearm specially made or specially adapted for silent discharge deleted from subsection (a), and the new subsection (b) added): Act 1051 of 2019 (HB 1820), approved 4/16/19.

Source: arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2019… (retrieved 2026-10-12; enrolled Act 1051 of the 2019 Regular Session)

Ark. Code Ann. § 5-1-102 - Definitions (sawed-off or short-barreled rifle and shotgun)

Source: law.justia.com/codes/arkansas/title-5/subtitle-1/chapte… (retrieved 2026-10-12; 2023 Arkansas Code edition; history shown ends with Act 2021, No. 931, eff. 7/28/2021)

(19) "Sawed-off or short-barreled rifle" means:

(A) A rifle having one (1) or more barrels less than sixteen inches (16") in length; or

(B) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

(20) "Sawed-off or short-barreled shotgun" means:

(A) A shotgun having one (1) or more barrels less than eighteen inches (18") in length; or

(B) Any weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

Ark. Code Ann. § 5-73-129 - Furnishing a handgun or a prohibited weapon to a felon

Source: codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-… (retrieved 2026-10-12; page shows "Current as of March 28, 2024")

(b) A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes:

(1) A bomb;

(2) Metal knuckles;

(3) A defaced firearm, as described in § 5-73-107; or

(4) Other implement for the infliction of serious physical injury or death that serves no lawful purpose,

to a person he or she knows has been found guilty of or who has pleaded guilty or nolo contendere to a felony.

Related provisions

  • Act 1051 of 2019 also deleted the sawed-off, silent-discharge and machine-gun items from §§ 5-73-109 (furnishing a deadly weapon to a minor), 5-73-129 (furnishing a prohibited weapon to a felon) and 5-73-132 (transfer to a prohibited person) (same Act 1051 PDF as above). The current text of § 5-73-129 is quoted above.
  • Chapter 73, Subchapter 1 (Possession and Use Generally, §§ 5-73-101 to 5-73-133) lists no section dealing with suppressors, silencers or mufflers. I did not identify an Arkansas assault-weapon law.

Post-ruling guidance and recent legislation

  • No Arkansas AG, State Police or other agency statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Arkansas law).
  • Legislation: 2019 Acts 495 (SB 400) and 1051 (HB 1820) are the last amendments to § 5-73-104 shown in the 2024 Arkansas Code edition.
  • Sept. 4, 2026: Arkansas's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Arkansas law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

California

Suppressors: Prohibited under state law

Short answer for California: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (felony possession; no civilian exception in § 33410)Banned
SBRProhibited under state lawBanned for ordinary civilians; exceptions are a DOJ permit (film props / licensed dealers-manufacturers selling to law enforcement), law enforcement and military, and listed exemptions such as antiques and curiosState permit (permit also must be "not in violation of federal law")
SBSProhibited under state lawSame as SBRState permit
AOWUnsettledMostly banned indirectly (e.g., pen gun, cane gun, wallet gun, "firearm not immediately recognizable as a firearm", zip gun, unconventional pistol); § 17710 exempts a federal "any other weapon" from the "generally prohibited weapon" list only for a person "permitted to possess the weapons under the federal Gun Control Act", and never a pen gunUnclear (federal compliance-style exemption, narrow; no registration language).

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal. California bans suppressors, SBRs and SBSs outright for ordinary civilians with no federal-law carve-out, so federal non-enforcement changes nothing; the CA DOJ said so in Information Bulletin 2026-DLE-16.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In California, the exception for AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. Registration does not help with suppressors, SBRs and SBSs in California: the restriction there applies whether or not the item is federally registered.

Analysis

California does not borrow the NFA's categories. It bans each item under its own definitions.

  • Suppressors: § 33410 makes possession a felony (state prison under § 1170(h) or a fine up to $10,000, or both). It has no exception tied to federal law, registration or a tax stamp. The definition (§ 17210) is broader than the federal one in some respects: it covers any device "intended for use in" muffling a firearm's report, and parts. I found no permit route for civilians.
  • SBRs and SBSs: §§ 33210 and 33215 ban manufacture, import, sale, lending and possession, punishable as a county-jail (up to one year) or § 1170(h) offense. Exceptions include law enforcement and military (§ 33220), a DOJ permit (§§ 33225, 33300), and the exemptions in the chapter beginning at § 17700, such as antiques and curios. "Good cause" for a permit is limited to film props and licensed dealers/manufacturers selling to the § 33220 agencies. The text of § 33225 requires permit authorization "and not in violation of federal law", which is the only federal-law-linked wording. It operates as an extra condition on a state permit, and registration is not named. An ordinary civilian is not within it.
  • AOWs: There is no general "AOW" offense. Items that are federal AOWs are caught by specific state bans (see Related provisions). § 17710 exempts a federal "any other weapon" from the § 16590 list for a person "permitted to possess" it "under the federal Gun Control Act", excluding pen guns. How far that reaches, and whether it matters for ordinary smooth-bore handguns or similar, is uncertain (my interpretation: it is narrow).

Because the state ban has no federal exception, ATF's Oct. 9 non-enforcement posture changes nothing under state law. The DOJ bulletin says the same about the Aug. 5 ruling. Penalties are felony or misdemeanor-range depending on the section.

Statutory text

Penal Code sections below are from the official leginfo.legislature.ca.gov site, retrieved 2026-10-12.

Cal. Penal Code § 33410 — Silencer possession

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.

Cal. Penal Code § 17210 — "Silencer" definition

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

As used in Chapter 9 (commencing with Section 33410) of Division 10 of Title 4, "silencer" means any device or attachment of any kind designed, used, or intended for use in silencing, diminishing, or muffling the report of a firearm. The term "silencer" also includes any combination of parts, designed or redesigned, and intended for use in assembling a silencer or fabricating a silencer and any part intended only for use in assembly or fabrication of a silencer.

Cal. Penal Code § 33210 — SBR/SBS general prohibition

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Except as expressly provided in Section 33215 to 33225, inclusive, and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, and solely in accordance with those provisions, no person may manufacture, import into this state, keep for sale, offer for sale, give, lend, or possess any short-barreled rifle or short-barreled shotgun. Nothing else in any provision listed in Section 16580 shall be construed as authorizing the manufacture, importation into the state, keeping for sale, offering for sale, or giving, lending, or possession of any short-barreled rifle or short-barreled shotgun.

Cal. Penal Code § 33215 — SBR/SBS offense

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Cal. Penal Code § 33220 — Law-enforcement/military exceptions

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Section 33215 does not apply to either of the following:

(a) The sale to, purchase by, or possession of short-barreled rifles or short-barreled shotguns by a police department, sheriff's office, marshal's office, the California Highway Patrol, the Department of Justice, the Department of Corrections and Rehabilitation, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.

(b) [...] peace officer members of [listed agencies], when on duty and the use is authorized by the agency and is within the course and scope of their duties, and the officers have completed a training course [...] certified by the Commission on Peace Officer Standards and Training.

Cal. Penal Code § 33225 — DOJ-permit exception

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Section 33215 does not apply to the manufacture, possession, transportation, or sale of a short-barreled rifle or short-barreled shotgun, when authorized by the Department of Justice pursuant to Article 2 (commencing with Section 33300) and not in violation of federal law.

Cal. Penal Code § 33300(a)-(b) — DOJ permit; limited good cause

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

(a) Upon a showing that good cause exists for issuance of a permit to the applicant, and if the Department of Justice finds that issuance of the permit does not endanger the public safety, the department may issue a permit for the manufacture, possession, importation, transportation, or sale of short-barreled rifles or short-barreled shotguns. [...]

(b) Good cause, for the purposes of this section, shall be limited to only the following:

(1) The permit is sought for the manufacture, possession, importation, or use with blank cartridges, of a short-barreled rifle or short-barreled shotgun, solely as a prop for a motion picture, television, or video production or entertainment event.

(2) The permit is sought for the manufacture of, exposing for sale, keeping for sale, sale of, importation or lending of short-barreled rifles or short-barreled shotguns to the entities listed in Section 33220 by persons who are licensed as dealers or manufacturers under the provisions of Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.

Cal. Penal Code §§ 17170, 17180 — SBR/SBS definitions

Sources: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; amended by Stats. 2014, Ch. 103, eff. Jan. 1, 2015); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; amended by Stats. 2014, Ch. 103, eff. Jan. 1, 2015)

§ 17170: As used in this part, "short-barreled rifle" means any of the following: (a) A rifle having a barrel or barrels of less than 16 inches in length. (b) A rifle with an overall length of less than 26 inches. (c) Any weapon made from a rifle [...] if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. [...]

§ 17180: As used in this part, "short-barreled shotgun" means any of the following: (a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length. (b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell. (c) Any weapon made from a shotgun [...] if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. [...]

Both definitions also reach readily-restorable devices and conversion parts or part combinations in the same person's possession (subds. (d)-(e)). The definitions are state-law and do not refer to the NFA.

Cal. Penal Code § 33290 — SBR/SBS nuisance

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Except as provided in Section 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any short-barreled rifle or short-barreled shotgun is a nuisance and is subject to Section 18010.

Cal. Penal Code § 16590(s) — SBR/SBS as "generally prohibited weapon"

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2021, Ch. 434, Sec. 22 (SB 827), effective January 1, 2022)

As used in this part, "generally prohibited weapon" means any of the following: [...] (s) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215. [...]

The same list includes (g) cane gun, (k) "A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510", (u) unconventional pistol, (w) wallet gun, (y) zip gun, (q) multiburst trigger activator.

Cal. Penal Code §§ 24510, 24410, 24710, 31500, 33600 — Disguised and homemade-type firearms

Sources: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 101 (SB 1023), effective June 27, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 100 (SB 1023), effective June 27, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 103 (SB 1023), effective June 27, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 106 (SB 1023), effective June 27, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 110 (SB 1023), effective June 27, 2012)

§ 24510: Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any firearm not immediately recognizable as a firearm is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Sections 24410, 24710, 31500 and 33600 use the same wording, with "any cane gun", "any wallet gun", "any unconventional pistol" and "any zip gun" in place of "any firearm not immediately recognizable as a firearm", and the same penalty.

Cal. Penal Code § 17710 — "Any other weapon" exemption

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

(a) The provisions listed in Section 16590 do not apply to "any other weapon" as defined in subsection (e) of Section 5845 of Title 26 of the United States Code, which is in the possession of a person permitted to possess the weapons under the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto.

[...]

(c) The exemption provided by this section does not apply to a pen gun.

Cal. Penal Code §§ 32625(a), 18710 — Machine gun and destructive device (one-liners)

Sources: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

§ 32625(a): Any person, firm, or corporation, who within this state possesses or knowingly transports a machinegun, except as authorized by this chapter, is guilty of a public offense [...]

§ 18710(a): Except as provided by this chapter, any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, is guilty of a public offense.

Section 32625(a) is punished under Section 1170(h) or by a fine up to $10,000; 32625(b) adds 4/6/8 years for converting, selling or manufacturing.

Related provisions

  • Pen. Code § 24510 and § 16590(k): firearm not immediately recognizable as a firearm (often a federal AOW). Offense text quoted above. The Penal Code's definitions division (Part 6, Title 1, Division 2, §§ 16100-17360) has no section defining "firearm not immediately recognizable as a firearm"; the phrase appears only in the offense (§ 24510) and the § 16590(k) list. With no statutory definition, I would treat any firearm that is disguised or built into another object, or otherwise does not look like an ordinary firearm, as at risk.
  • Pen. Code §§ 24410 (cane gun), 24710 (wallet gun), 31500 (unconventional pistol), 33600 (zip gun): offense text quoted above; each carries the same county-jail or § 1170(h) penalty.
  • Pen. Code § 16330: "As used in this part, 'cane gun' means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein."
  • Pen. Code § 17330: "As used in this part, 'wallet gun' means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case."
  • Pen. Code § 17360: "As used in this part, 'zip gun' means any weapon or device that meets all of the following criteria: (a) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 [...] and the regulations issued pursuant thereto. (c) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F [...] and G [...] of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion." Source for §§ 16330, 17330, 17360: leginfo.legislature.ca.gov/faces/codes_displayText.xhtm…. (retrieved 2026-10-12; each section shows "Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012")
  • Pen. Code § 17270 defines "unconventional pistol" as a firearm that "does not have a rifled bore" and "has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches." Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)
  • Pen. Code § 16530(b): a pistol can also be found to be an SBR or SBS.
  • Pen. Code §§ 17700-17740: exemptions from § 16590 for antiques, curios/relics, film production and law enforcement; most carve out SBRs and SBSs expressly (§§ 17720, 17725, 17730, 17740).
  • Assault-weapon statutes (Pen. Code §§ 30510, 30515, 30600, 30605). Section 30510 lists named rifles, pistols and shotguns by model and series and has no barrel-length prong. Section 30515 is a separate, feature-based definition that does reach short guns. § 30515(a): "Notwithstanding Section 30510, 'assault weapon' also means any of the following: [...] (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. [...] (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. [...] (11) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches." § 30600(a): "Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years." § 30605(a): "Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170." So a semiautomatic, centerfire rifle under 30 inches overall is an "assault weapon" regardless of barrel length, which means a semiautomatic centerfire SBR under 30 inches overall is independently caught here as well as by § 33215; other SBRs turn on the remaining assault-weapon criteria. The prong is limited to semiautomatic centerfire rifles (and similar centerfire firearms in (a)(11)); a bolt-action or rimfire short rifle is not reached by it, though § 33215 would still apply. Section 30605(b) gives a reduced $500 fine only for a first violation by a person who lawfully possessed the firearm before it was defined as an assault weapon, had no more than two firearms registered, and met the other listed conditions, so I would not count on it for an unregistered SBR. The pistol prong (a)(4)(A) also names a threaded barrel capable of accepting a silencer as a feature, though it does not itself ban the silencer. Sources: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2024, Ch. 540, Sec. 15 (AB 3064), effective January 1, 2025); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2020, Ch. 29, Sec. 38 (SB 118), effective August 6, 2020); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2011, Ch. 15, Sec. 549 (AB 109), operative January 1, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2011, Ch. 15, Sec. 550 (AB 109), operative January 1, 2012). The rest of the assault-weapons chapter (§§ 30500-31115) is not covered in this entry.
  • Hunting with a suppressor: none; suppressors are banned.
  • Firearms freedom act: none found.
  • Gov. Code § 53071 (retrieved 2026-10-12 from leginfo.legislature.ca.gov/faces/codes_displaySection.x…; Added by renumbering Section 9619 by Stats. 1971, Ch. 438): "It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code."
  • Civ. Code §§ 3273.50-3273.51: firearm industry members must follow California law (cited in the AG bulletin).

Post-ruling guidance and recent legislation

  • Cal. DOJ Information Bulletin 2026-DLE-16, "Important Notice Regarding California Law Prohibition of National Firearms Act (NFA)-Regulated Firearms," Sept. 18, 2026: oag.ca.gov/system/files/media/2026-dle-16.pdf. Quote: "This district court ruling regarding the federal NFA does not change the fact that many NFA-regulated devices remain illegal to possess or sell under California law. This includes silencers (Pen. Code, § 33410), short-barreled rifles and short-barreled shotguns (Pen. Code, § 33215), and firearms not immediately recognizable as a firearm (Pen. Code, §§ 24510, 16590)." It also states these remain illegal "including for members of the plaintiff groups".
  • This bulletin predates the Oct. 9, 2026 ATF letter. No California statement on the ATF letter found as of 2026-10-12.
  • No enacted 2025-2026 amendment to the quoted sections found. The history lines show last amendments of 2011-2015.
  • SB 649 (2025-2026 session, Sen. Alvarado-Gil), "Firearms: silencers." As amended March 24, 2025, its digest says: "This bill would replace the term 'silencer' with the term 'suppressor' in the above provisions" (Pen. Code §§ 1203, 17210, 18005, 30515, 33410 and 33415, plus Bus. & Prof. Code § 22949.61). It is a terminology change; it does not remove the § 33410 felony or the § 33415 exceptions. The bill status page shows "Inactive Bill - Died", with the last history action on 02/02/26: "Returned to Secretary of Senate pursuant to Joint Rule 56." It was never enacted. Sources: leginfo.legislature.ca.gov/faces/billStatusClient.xhtml… (retrieved 2026-10-12; status "Inactive Bill - Died"); leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bi… (retrieved 2026-10-12; version 03/24/25 - Amended Senate)

Case law and AG opinions

Sanchez v. Bonta, No. 24-cv-767-RSH-MSB (S.D. Cal. Aug. 28, 2024), order granting the Attorney General's motion to dismiss [ECF No. 17]. Plaintiff, pro se, brought a facial Second Amendment challenge to Pen. Code § 33410. The court held: "The Court concludes that silencers are not 'bearable arms' for purposes of the Second Amendment." It reasoned that a silencer "is an accessory unnecessary to the essential operation of a firearm," dismissed the complaint without leave to amend, and did not reach the State's alternative arguments. The order is a district-court ruling on a motion to dismiss, not a binding precedent. The plaintiff appealed to the Ninth Circuit as No. 24-5566; I am not relying on any appellate ruling. Source: michellawyers.com/wp-content/uploads/2025/05/2024-12-20… (retrieved 2026-10-12; pages SER-003 to SER-009, the order as filed in the Ninth Circuit excerpts of record)

Net effect: Sanchez leaves the silencer ban standing, and the bans have no federal-law carve-out. The position of someone holding an unregistered item is unchanged: illegal.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Colorado

Suppressors: Registration or other requirements apply

Short answer for Colorado: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs. Colorado's only defense is a "valid permit and license," which the statute does not define.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception: class 5 felony to possess unless affirmative defense "valid permit and license" appliesUnclear; closest to federal registration (the "permit and license" might be read as the federal NFA approval/tax stamp, but the statute never says so).
SBRRegistration or other requirements applySame as suppressor ("short rifle": barrel < 16 in. or overall length < 26 in.)Same as suppressor
SBSRegistration or other requirements applySame as suppressor ("short shotgun": barrel < 18 in. or overall length < 26 in.)Same as suppressor
AOWNo item-specific restriction foundNot named in 18-12-102; no state restriction found beyond general lawNone needed (as to 18-12-102)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear, leaning illegal — The state statute is a flat felony ban with only a generic "valid permit and license" defense that does not mention federal law. If that phrase means an approved NFA registration, an unregistered item has no defense. If it means any lawful federal authorization, how this wording applies to an unregistered item is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Colorado, the only defense is a "valid permit and license," which the statute does not define. A federally registered item is the one most likely to fit it.

Analysis

Colorado does not define its offense by reference to the NFA. Section 18-12-102 makes knowing possession of a firearm silencer, short rifle or short shotgun (and machine guns and rapid-fire devices) a class 5 felony. The only civilian-relevant exception is the affirmative defense that the person "has a valid permit and license for possession of such weapon." The text names neither the NFA nor federal law, and I found no Colorado permit or license scheme for these items in Title 18, Article 12. The phrase may mean federal NFA approval and tax stamp, which would make it registration-like in practice, but the statute does not say so.

Implication: after the ATF Open Letter, a person with an unregistered suppressor/SBR/SBS has no NFRTR approval. Whether any "permit and license" exists is doubtful, so the defense appears unavailable on the most natural reading, leaving exposure to a felony charge regardless of federal non-enforcement. How this wording applies to an unregistered item is untested. Also note it is an affirmative defense, so the defendant carries the burden. The definitions are length-based, so a rifle with a barrel under 16 in. OR overall length under 26 in. is "short" under state law, which is broader in some respects than the federal SBR definition (there is no federal 26 in. overall-length trigger for rifles, only 26 in. as a floor for the weapon "made from a rifle").

AOWs are not named in § 18-12-102 or in the definitions in § 18-12-101. The 2026 edition of Title 18 contains no "any other weapon" or "pen gun" category. Other weapons that fall within the article's general provisions (for example a concealed weapon under § 18-12-105) are governed by those provisions, which I did not analyze.

Statutory text

C.R.S. § 18-12-102 — Possessing a dangerous or illegal weapon - affirmative defense - definition

Source: olls.info/crs/crs2026-title-18.pdf (retrieved 2026-10-12; official Colorado Revised Statutes 2026, Title 18, current with the 2026 Second Regular Session of the 75th General Assembly; history line shows the last amendment to this section as L. 2025, SB 25-003, effective April 10, 2025)

(1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle.

(2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, ballistic knife, or metallic knuckles.

(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony.

(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.

(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.

C.R.S. § 18-12-101(1) — Definitions (selected)

Source: olls.info/crs/crs2026-title-18.pdf (retrieved 2026-10-12; official Colorado Revised Statutes 2026, Title 18, current with the 2026 Second Regular Session; history line shows amendments by SB 25-003 and SB 25-300 in 2025 and HB 25-1133 effective July 1, 2026)

(j) "Firearm" means any weapon, including a starter gun, that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of a firearm; or a firearm silencer.

[...]

(k) "Firearm silencer" means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon.

[...]

(s) "Machine gun" means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.

[...]

(u.3) "Rapid-fire device" means any device, part, kit, tool, accessory, or combination of parts that has the effect of increasing the rate of fire of a semiautomatic firearm above the standard rate of fire for the semiautomatic firearm that is not otherwise equipped with that device, part, or combination of parts.

[...]

(v) "Short rifle" means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches.

(w) "Short shotgun" means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches.

Related provisions

  • C.R.S. § 18-12-101(1)(j): "firearm" includes "a firearm silencer."
  • Gun show vendor certification, C.R.S. § 18-12-504 (same source): the certification form tells a vendor not to sell "Dangerous weapons, as defined in section 18-12-102, C.R.S., and illegal weapons, as defined in section 18-12-102, C.R.S., unless the transferee presents a valid permit for possession of the weapon." The form does not say what kind of permit that is.
  • Sentencing enhancement, C.R.S. § 18-1.3-406(7)(a): a crime of violence charged with use of "a dangerous weapon as defined in sections 18-12-101 and 18-12-102" carries an additional five-year sentence. Same source.
  • Specified semiautomatic firearms, C.R.S. § 18-12-116 (SB 25-003; same source): from August 1, 2026 it is unlawful "to knowingly manufacture, distribute, transfer, sell, or purchase a specified semiautomatic firearm" (class 2 misdemeanor; second or later offense a class 6 felony), with a carve-out for selling or transferring to a person residing in another state or to a federally licensed firearm dealer. "Specified semiautomatic firearm" includes "A semiautomatic rifle or semiautomatic shotgun with a detachable magazine," subject to listed exclusions (for example rimfire-only firearms without separate upper and lower receivers, manually operated actions, permanently fixed magazines of fifteen rounds or fewer, listed models, antiques and curios or relics). The section restricts manufacture, transfer, sale and purchase, not possession. A short-barreled semiautomatic rifle or shotgun with a detachable magazine can therefore fall under this section in addition to § 18-12-102.
  • Rapid-fire devices: SB 25-003 added "rapid-fire device" to the "dangerous weapon" list in § 18-12-102(1) (quoted above), replacing the earlier "machine gun conversion device" wording.
  • Local law, C.R.S. § 29-11.7-103(1) (Source: olls.info/crs/crs2026-title-29.pdf (retrieved 2026-10-12; official Colorado Revised Statutes 2026, Title 29, current with the 2026 Second Regular Session)): "Unless otherwise expressly prohibited pursuant to state law, a local government may enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory that a person may lawfully sell, purchase, transfer, or possess under state or federal law." Such a local law "may not impose a requirement ... that is less restrictive than state law." Colorado does not preempt stricter local rules, so a city or county can add its own restrictions.
  • Scope of review: Title 18, Article 12 (Parts 1 through 5, sections 18-12-101 to 18-12-506) and a text search of all of Title 18 of the 2026 edition for "silencer," "suppressor," "muffler," "short-barreled," "sawed-off," "short rifle," "short shotgun" and "short barrel," plus a search of Titles 29 and 33 for "silencer," "suppressor" and "muffler." The only operative references are in §§ 18-12-101 and 18-12-102 (plus the cross-references above). Title 33 (wildlife) contains no provision on suppressors.

Post-ruling guidance and recent legislation

  • Colorado AG or state agency statement on the Aug. 5 ruling or Oct. 9 ATF letter: None found as of 2026-10-12.
  • 2025-2026 amendments to 18-12-102: SB 25-003 (effective April 10, 2025) replaced "machine gun conversion device" with "rapid-fire device" in subsection (1). Subsections (2) through (5), the penalty and the "valid permit and license" defense are unchanged. No 2026 act amended § 18-12-102 or the definitions of "firearm silencer," "short rifle" or "short shotgun."
  • 2026 acts in Article 12: HB 26-1144 (effective July 1, 2026) added § 18-12-118 on three-dimensional printing of a firearm or firearm component, where "firearm component" includes an unfinished frame or receiver, a large-capacity magazine or a rapid-fire device. HB 26-1126 amended concealed-handgun-permit provisions in Part 2. Neither addresses suppressors, SBRs or SBSs.

Case law and AG opinions

  • People v. Sandoval, 2016 COA 14, 409 P.3d 425 (Colo. App. 2016) (source: static.case.law/p3d/409/cases/0425-01.json, retrieved 2026-10-12): affirmed a conviction under § 18-12-102 for a short shotgun. The court held that the state and federal constitutions do not protect possessing a short shotgun for self-defense, reasoning that "section 18-12-102 does not impose a 'flat prohibition' on any person's possession of a weapon in self-defense; it only restricts the type of weapon that may be possessed." The opinion does not discuss the "valid permit and license" defense.

Net effect: Sandoval shows the short-shotgun offense being enforced and surviving a constitutional challenge. It does not address the "valid permit and license" defense, and the lack of any federal-law wording leaves an unregistered holder without a clear defense and bearing the burden.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Connecticut

Suppressors: Unsettled

Short answer for Connecticut: The answer for suppressors, SBRs, SBSs and AOWs is unsettled. For SBRs and AOWs the doubt comes from Connecticut's assault-weapon law, not from federal law.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (class D felony unless "licensed or otherwise permitted by federal or state law"); no use when huntingFederal compliance
SBRUnsettledNo standalone state ban or registration; semiautomatic SBRs likely caught by the state assault-weapon law (overall length under 30 in., arm-brace, etc.) and then banned unless grandfathered.None needed (NFA-specific); banned where assault-weapon definition applies
SBSUnsettledRestricted, with an exception: "sawed-off shotgun" (barrel under 18 in. or overall length under 26 in.) is a class D felony unless "licensed or otherwise permitted by federal or state law"Federal compliance
AOWUnsettledNo standalone state law; semiautomatic non-pistol/revolver/rifle/shotgun firearms with listed features are assault weapons (banned, grandfathering only)Banned where assault-weapon definition applies; otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear. Suppressors and sawed-off shotguns are exempt only for those "licensed or otherwise permitted by federal or state law," and the text does not say "registered." Whether a person who never applied is "permitted" under ATF's enforcement-discretion policy is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Connecticut, the exception for suppressors and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here. For SBRs and AOWs, the open question is the state assault-weapon law, which federal registration does not answer; see the short answer above.

Analysis

Connecticut has no state NFA-style registry for suppressors or SBSs. Section 53a-211 makes owning a silencer or a sawed-off shotgun (barrel under 18 in. or overall length under 26 in.) a class D felony. Subsection (b) exempts persons "licensed or otherwise permitted by federal or state law." That is the federal compliance type: it does not mention the NFA, registration or a tax stamp. I found no separate Connecticut permit for these items. The text supports two readings. One is that "permitted by federal law" means approved under the NFA (an approved Form 1 or 4). The other is that it means not federally prohibited. Under ATF's Oct. 9 policy ATF is not enforcing the registration requirement, but the item is not approved either, and the federal statutes remain on the books. That is my interpretation, and the cautious assumption is that the exception may not cover an unregistered item until a court or the Connecticut attorney general says otherwise. Penalty is a class D felony.

SBRs are not named in § 53a-211. They are reached only through the assault-weapon law (§§ 53-202a, 53-202c), which is not tied to federal law and uses features-based definitions. Short semiautomatic rifles under 30 in., rifles with folding stocks, and non-rifle semiautomatic firearms (the likely category for many AOWs) with grips or braces can qualify. Possession is a class D felony except for pre-cutoff, certificate-registered guns. Machine guns require NFA-lawful status plus state registration. For machine guns the exception names the NFA, but the other items' exception does not.

Statutory text

Conn. Gen. Stat. § 53a-211 — Possession of a sawed-off shotgun or silencer: Class D felony

Source: cga.ct.gov/current/pub/chap_952.htm (retrieved 2026-10-12; page header says readers should consult the 2026 Supplement, revised to Jan. 1, 2026, for 2025 amendments)

Sec. 53a-211. Possession of a sawed-off shotgun or silencer: Class D felony. (a) A person is guilty of possession of a sawed-off shotgun or a silencer when he owns, controls or possesses any sawed-off shotgun that has a barrel of less than eighteen inches or an overall length of less than twenty-six inches or when he owns, controls or possesses any silencer designed to muffle the noise of a firearm during discharge.

(b) The provisions of this section shall not apply to persons, firms, corporations or museums licensed or otherwise permitted by federal or state law to possess, control or own sawed-off shotguns or silencers.

(c) Possession of a sawed-off shotgun or a silencer is a class D felony.

Conn. Gen. Stat. § 53-202 — Machine guns (excerpt)

Source: cga.ct.gov/current/pub/chap_943.htm (retrieved 2026-10-12; page header says readers should consult the 2026 Supplement, revised to Jan. 1, 2026, for 2025 amendments)

(g) Each machine gun in this state adapted to use projectiles of any caliber shall be registered in the office of the Commissioner of Emergency Services and Public Protection within twenty-four hours after its acquisition and, thereafter, annually, on July first. [...]

(h) No provision of this section shall apply to: [...] (3) a machine gun acquired, transferred or possessed in accordance with the National Firearms Act, as amended, provided such machine gun shall be subject to the provisions of subsection (g) of this section.

Conn. Gen. Stat. § 53-202a — Assault weapons: Definitions (excerpt)

Source: cga.ct.gov/current/pub/chap_943.htm (retrieved 2026-10-12; page header says readers should consult the 2026 Supplement, revised to Jan. 1, 2026, for 2025 amendments)

(1) "Assault weapon" means: [...]

(E) Any semiautomatic firearm regardless of whether such firearm is listed in subparagraphs (A) to (D) [...] that meets the following criteria: (i) A semiautomatic, centerfire rifle that has an ability to accept a detachable magazine and has at least one of the following: (I) A folding or telescoping stock; [...] (IV) A flash suppressor [...]; or [...] (iii) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches; [...]

(G) Any semiautomatic firearm other than a pistol, revolver, rifle or shotgun, regardless of whether such firearm is listed in subparagraphs (A) to (D), inclusive, of this subdivision, and regardless of the date such firearm was produced, that has at least one of the following: (i) Any grip of the weapon [...]; (ii) An ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip; (iii) A fixed magazine with the ability to accept more than ten rounds; (iv) A flash suppressor or silencer, or a threaded barrel capable of accepting a flash suppressor or silencer; (v) A shroud [...]; (vi) A second hand grip; or (vii) An arm brace or other stabilizing brace that could allow such firearm to be fired from the shoulder, with or without a strap designed to attach to an individual's arm;

Conn. Gen. Stat. § 53-202c(a) — Possession of assault weapon prohibited

Source: cga.ct.gov/current/pub/chap_943.htm (retrieved 2026-10-12; page header says readers should consult the 2026 Supplement, revised to Jan. 1, 2026, for 2025 amendments)

(a) Except as provided in section 53-202e, any person who, within this state, possesses an assault weapon, except as provided in sections 53-202a to 53-202k, inclusive, and 53-202o, shall be guilty of a class D felony and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced by the court, except that a first-time violation of this subsection shall be a class A misdemeanor if [...]

Conn. Gen. Stat. § 26-75 — Silencer on firearms

Source: cga.ct.gov/current/pub/chap_490.htm (retrieved 2026-10-12)

Sec. 26-75. Silencer on firearms. No person shall use any silencer on any firearm when hunting.

Related provisions

  • CGS § 26-75: no silencer use on any firearm when hunting.
  • Several assault-weapon criteria treat threaded barrels or silencers as features (§ 53-202a(1)(E)(iv)(II), (G)(iv)).

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Delaware

Suppressors: Prohibited under state law

Short answer for Delaware: The answer for SBRs and AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors and SBSs. For SBRs the doubt comes from Delaware's assault-weapon law, which reaches semiautomatic centerfire rifles under 30 inches overall. For AOWs it depends on the item: the same law's assault-pistol and copycat definitions can reach some of them.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (class E felony to make, sell, transfer, buy, receive or possess); no registration or tax-stamp exception for ordinary civiliansBanned
SBRUnsettledNot in § 1444, but a semiautomatic centerfire rifle under 30 in. overall length is a banned "copycat weapon" (§§ 1465(6)b, 1466); bolt-action, lever-action and other non-semiautomatic rifles are not caught by the 30-inch prong, and § 1444 does not mention SBRsNone needed (no federal-law exception in § 1466 for individuals)
SBSProhibited under state law"Sawed-off shotgun" (barrel under 18 in. or overall length under 26 in.) is a class E felony; no federal-law exceptionBanned
AOWUnsettledIt depends on the item. Not restricted by § 1444, but an AOW that fits the assault-pistol or copycat definitions in §§ 1465 and 1466 is caught by them (see also the machine-gun and "adaptable" language below)None needed under § 1444; banned where the § 1465 definitions apply

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal for suppressors and SBSs. The state bans these items and the only federal-law-linked exception (NFA registration) applies to machine guns for research, not to suppressors or SBSs, so ATF's non-enforcement changes nothing. SBRs and AOWs are not restricted by § 1444, but semiautomatic centerfire rifles under 30 inches are banned as copycat weapons under § 1466 (class D felony) unless one of that section's exceptions applies (such as possession lawfully held before the ban, discussed below); there is no federal-law exception for individuals, so the ATF letter does not matter for them under state law either.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors and SBSs in Delaware: the restriction there applies whether or not the item is federally registered. For SBRs and AOWs, the open question is the state assault-weapon law, which federal registration does not answer; see the short answer above.

Analysis

Delaware's key statute is 11 Del. C. § 1444. It makes it a class E felony to make, sell, transfer, buy, receive or possess a "firearm silencer" or a "sawed-off shotgun" (barrel under 18 inches, or a shotgun-derived weapon under 26 inches overall). The statute has no exception for NFA-registered or federally compliant suppressors or SBSs. Its exceptions are for military and police, authorized wildlife biologists (silencers only), and research machine guns that are NFA-registered. So the only "registered under the NFA" language in the section is for machine guns. A federal tax stamp creates no exception for a civilian suppressor or SBS in Delaware, and ATF's October 9 non-enforcement policy changes nothing. Penalty: class E felony. A copycat weapon under § 1466 is a class D felony.

SBRs are not mentioned. "Sawed-off shotgun" is shotgun-specific, and a rifle is not caught. AOWs are not mentioned either. How the "adaptable for use as a machine gun" wording in (a)(5) applies to an AOW is untested. Because the statute does not define "firearm silencer," how it reads on parts or solvent-trap kits is a case-law question.

Statutory text

11 Del. C. § 1444 — Possessing a destructive weapon; class E felony

Source: delcode.delaware.gov/title11/c005/sc07/index.html (retrieved 2026-10-12; no "current through" date shown; latest listed amendment is 85 Del. Laws, c. 474, § 1, so later 2026 amendments, if any, may not be reflected)

(a) A person is guilty of possessing a destructive weapon when the person makes, sells, transfers, buys, receives, or has possession of any of the following:

(1) A bomb.

(2) A bombshell.

(3) A firearm silencer.

(4) A sawed-off shotgun.

(5) A machine gun or any other firearm or weapon which is adaptable for use as a machine gun.

(6) A bump stock, trigger crank, or rapid fire device. [...]

(b) (1) Possessing a destructive weapon listed in paragraphs (a)(1) through (a)(5) of this section is a class E felony. This section does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described; nor shall the provisions contained herein apply to authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control, or persons possessing machine guns for scientific or experimental research and development purposes, which machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C. § 5801 et seq.).

[...]

(c) For purposes of this section:

(1) a. "Machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. [...]

(2) "Shotgun" means a weapon designed or redesigned, made, or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.

(3) "Sawed-off shotgun" means a shotgun having 1 or more barrels less than 18 inches in length or any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

Note: "firearm silencer" is not defined in § 1444.

11 Del. C. § 1441A(e) (and parallel § 1441B(e)) — LEOSA definitions excluding silencers (cited for definition only)

Source: delcode.delaware.gov/title11/c005/sc07/index.html (retrieved 2026-10-12; no "current through" date shown; latest listed amendment is 85 Del. Laws, c. 474, § 1, so later 2026 amendments, if any, may not be reflected). § 1441A is the active-officer provision; § 1441B (retired officers) has the same definition in its subsection (e)(1).

(e) As used in this section, the term "firearm": (1) Except as provided in this subsection, has the same meaning as in 18 U.S.C. § 921; [...] (3) Does not include: a. Any machinegun (as defined in § 5845 of the National Firearms Act [26 U.S.C. § 5845]); b. Any firearm silencer (as defined in 18 U.S.C. § 921); and c. Any destructive device (as defined in 18 U.S.C. § 921).

Relevance is limited: it only shows Delaware sometimes borrows the federal silencer definition; § 1444 itself does not.

11 Del. C. § 1465(4), (6)b — Assault weapon and "copycat weapon" definitions

Source: delcode.delaware.gov/title11/c005/sc07/index.html (retrieved 2026-10-12; no "current through" date shown; history of § 1465 ends 84 Del. Laws, c. 312, § 1)

(4) "Assault weapon" means any of the following:

a. An assault long gun.

b. An assault pistol.

c. A copycat weapon.

[...]

(6) "Copycat weapon" means any of the following: [...]

b. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. [...]

Other prongs of § 1465(6) reach a semiautomatic centerfire rifle that can accept a detachable magazine and has a folding or telescoping stock, a pistol-type grip, a forward pistol grip, a flash suppressor or a grenade or flare launcher ((6)a), and a semiautomatic centerfire rifle with a fixed magazine that can accept more than 17 rounds ((6)h). A "flash suppressor" is defined in § 1465(9) as "a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision." Section 1465(6)c.2 also reaches a semiautomatic pistol that can accept a detachable magazine and has "A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer."

11 Del. C. § 1466(a), (b)(4), (d) — Assault weapons (operative prohibition and penalty)

Source: delcode.delaware.gov/title11/c005/sc07/index.html (retrieved 2026-10-12; no "current through" date shown; history of § 1466 ends 83 Del. Laws, c. 328, § 1)

(a) Prohibitions. — Except as provided in subsection (b) or (c) of this section, it is unlawful for a person to do any of the following: (1) Transport an assault weapon into this State. (2) Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon. [...]

(b) Applicability. — This section does not apply to any of the following: [...] (4) Organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons. [...]

(d) Penalty. — A violation of this section is a class D felony.

The section heading in the Code reads "class E or F felony," but the penalty subsection quoted above says class D. Subsection (c)(3) allows a person who lawfully possessed, or completed a purchase of, an assault weapon before June 30, 2022 to keep and transport it only at the person's residence, place of business or other permitted property, at a shooting range, at certain firearms exhibitions, and between those places in secure storage. The other (b) exemptions cover federal personnel, armed forces and National Guard members and law-enforcement officers acting in an official capacity, certain dealers and manufacturers, inheritance, personal representatives of estates, qualified retired law-enforcement officers, armored car guards, and certain testing laboratories; (c) adds dealer and family-transfer provisions. None is a general exception for an individual's NFA-registered item.

7 Del. C. § 710 — Use of silencer on firearm or airgun when hunting

Source: delcode.delaware.gov/title7/c007/sc01/index.html (retrieved 2026-10-12; history ends 85 Del. Laws c. 151, § 6)

Whoever uses a silencer or noise-reducing contrivance on any firearm or airgun when hunting for game or fowl, shall be guilty of a class C environmental violation.

Related provisions

  • Hunting: 7 Del. C. § 710 (quoted above) makes use of a silencer or noise-reducing contrivance on any firearm or airgun when hunting a class C environmental violation.
  • Assault weapons: 11 Del. C. § 1465(6) "copycat weapon" includes a semiautomatic centerfire rifle with an overall length under 30 inches, and a semiautomatic centerfire rifle accepting a detachable magazine with a folding/telescoping stock (among other features). Section 1466(a) bans possessing, buying or transferring them (class D felony under § 1466(d)); exceptions are mainly law enforcement, dealers, inheritance, and pre-June 30, 2022 possessors (§ 1466(b)-(c)); (b)(4) covers only "organizations" required or authorized by federal law to maintain them, not individuals. So a semiautomatic centerfire SBR (under 30 in. overall) is likely a banned copycat weapon regardless of NFA status; bolt-action, lever-action and rimfire SBRs may fall outside that definition, but the cautious assumption is that they may still be restricted until a court or the Delaware attorney general says otherwise. This is my reading, not a court holding. The 30-inch rule also means a federal tax stamp or ATF non-enforcement is irrelevant to the state question.
  • Bump stocks, trigger cranks and rapid fire devices: § 1444(a)(6), class B misdemeanor first offense, class E felony thereafter.
  • Preemption of local firearm regulation: 22 Del. C. § 111(a) provides that "The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated." Source: delcode.delaware.gov/title22/c001/index.html (retrieved 2026-10-12; history of § 111 ends 80 Del. Laws, c. 164, § 1)
  • Made-in-state suppressor/"Firearms Freedom Act": none found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for any Delaware AG, State Police or agency statement on the Aug. 5 ruling or the Oct. 9 ATF letter.
  • Legislation: no 2025-2026 bill legalizing suppressors found. § 1444's latest listed amendment is 85 Del. Laws c. 474; § 1465 and § 1466 show no amendment after 84 Del. Laws c. 312 and 83 Del. Laws c. 328 respectively.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

District of Columbia

Suppressors: Prohibited under state law

Short answer for the District of Columbia: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: DC bars smooth-bore devices other than shotguns outright as destructive devices, and treats other AOWs as firearms that need a DC registration certificate.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (possession prohibited for civilians; "firearm" definition also includes silencers, but registration is not a route because § 22-4514(a) bans possession)Banned
SBRProhibited under state lawBanned (registration certificate cannot issue; possession of an unregistered firearm is unlawful)Banned
SBSProhibited under state lawBanned (the "sawed-off shotgun" definition is 18" barrel / 26" overall; possession is a crime; registration barred)Banned
AOWUnsettledNo separate DC category. It depends on the item. A smooth-bore device other than a shotgun fits DC's "destructive device" definition, and § 7-2502.01(a) bars possessing a destructive device outright. Other AOWs are "firearms" that need a DC registration certificate.State permit (DC registration for firearms; no federal-law exception; smooth-bore devices barred)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal — DC's bans on suppressors, SBRs and sawed-off shotguns contain no exception keyed to federal law or NFA registration, so ATF non-enforcement changes nothing locally.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in the District of Columbia: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

DC bans suppressors outright: § 22-4514(a) prohibits possessing "any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise," and the only listed exemptions (military, police, banks, carriers, licensed dealers) attach to the proviso for other items. A suppressor is also a "firearm" under § 7-2501.01(9), but that does not authorize it. SBRs and sawed-off shotguns cannot be registered (§ 7-2502.02(a)(1),(3)), and every firearm must be registered (§ 7-2502.01(a)), so possession is unlawful for civilians; sawed-off shotguns are additionally a § 22-4514 offense (up to 5 years). Neither statute contains any exception that refers to federal law, the NFA, or NFRTR registration; the only federal-law references concern law-enforcement officer status (18 U.S.C. 926B/926C) and a nonresident-recreation exception that requires possession be lawful in the person's home jurisdiction. Therefore the ATF's Oct. 9 non-enforcement posture has no bearing: this is a text reading, and the statutes are not federal-compliance based. Penalties: sawed-off shotgun up to 5 years; silencer under § 22-4515 (up to 1 year; up to 10 years with a prior conviction).

Statutory text

D.C. Code § 22-4514 — Possession of certain dangerous weapons prohibited; exceptions

Source: code.dccouncil.gov/us/dc/council/code/sections/22-4514 (retrieved 2026-10-12; no "current through" date shown; latest amendment listed is D.C. Law 25-175, June 8, 2024)

(a) No person shall within the District of Columbia possess any item that is, in fact, a machine gun, sawed-off shotgun, bump stock, ghost gun, knuckles, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, sand club, sandbag, switchblade knife, nor any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms; provided, however, that machine guns, or sawed-off shotgun, bump stock, ghost gun, knuckles, and blackjacks may be possessed by the members of the Army, Navy, Air Force, or Marine Corps of the United States, the National Guard, or Organized Reserves when on duty, the Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly-appointed law enforcement officers, including any designated civilian employee of the Metropolitan Police Department, or officers or employees of the United States duly authorized to carry such weapons, banking institutions, public carriers who are engaged in the business of transporting mail, money, securities, or other valuables, wholesale dealers and retail dealers licensed under § 22-4510.

[...]

(c) Whoever violates this section shall be punished as provided in § 22-4515 unless:

(1) The violation involves possession of a sawed-off shotgun, or ghost gun, in which case such person shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, or both;

(2) The violation involves possession of a machine gun, in which case such person shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, which shall be imposed consecutive to any other sentence of imprisonment, or both; or

(3) The violation occurs after such person has been convicted in the District of Columbia of a violation of this section, or of a felony, either in the District of Columbia or in another jurisdiction, in which case such person shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 10 years, or both.

Note: the proviso exempts only military/law enforcement/etc. and licensed dealers, and by its grammar lists machine guns, sawed-off shotguns, bump stocks, ghost guns, knuckles and blackjacks, but NOT the silencer clause; thus no listed class is exempt for silencers.

D.C. Code § 7-2502.02 — Registration of certain firearms prohibited

Source: code.dccouncil.gov/us/dc/council/code/sections/7-2502.02 (retrieved 2026-10-12; no "current through" date shown)

(a) A registration certificate shall not be issued for a:

(1) Sawed-off shotgun;

(2) Machine gun;

(3) Short-barreled rifle;

(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that [...]

[...]

D.C. Code § 7-2502.01 — Registration requirements

Source: code.dccouncil.gov/us/dc/council/code/sections/7-2502.01 (retrieved 2026-10-12; latest amendment listed D.C. Law 24-347, Apr. 21, 2023)

(a) Except as otherwise provided in this unit, no person or organization in the District of Columbia ("District") shall receive, possess, control, transfer, offer for sale, sell, give, or deliver any destructive device, and no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm. [...]

(b) Subsection (a) of this section shall not apply to: (1)(A) Qualified law enforcement officers [...] (2) Any person holding a dealer's license [...] (3) With respect to firearms, any nonresident of the District participating in any lawful recreational firearm-related activity in the District, or on his way to or from such activity in another jurisdiction; provided, that [...] his possession or control of such firearm is lawful in the jurisdiction in which he resides; [...]

D.C. Code § 7-2501.01 — Definitions (selected)

Source: code.dccouncil.gov/us/dc/council/code/sections/7-2501.01 (retrieved 2026-10-12; latest amendment listed D.C. Law 24-347, 2023)

(9) "Firearm" means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include: (A) Antique firearms; or (B) Destructive devices; [...]

(15) "Sawed-off shotgun" means a shotgun having a barrel of less than 18 inches in length; or a firearm made from a shotgun if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 18 inches in length.

(17) "Short barreled rifle" means a rifle having any barrel less than 16 inches in length, or a firearm made from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 16 inches.

Destructive device, verbatim (same URL):

(7) "Destructive device" means: (A) An explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similar device; (B) Any device by whatever name known which will, or is designed or redesigned, or may be readily converted or restored to expel a projectile by the action of an explosive or other propellant through a smooth bore barrel, except a shotgun; (C) Any device containing tear gas or a chemically similar lacrimator or sternutator by whatever name known; (D) Repealed. (E) Any combination of parts designed or intended for use in converting any device into any destructive device; [...]

D.C. Code § 22-4515 — Penalties

Source: code.dccouncil.gov/us/dc/council/code/sections/22-4515 (retrieved 2026-10-12; last amended D.C. Law 19-317, 2013)

Any violation of any provision of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than the amount set forth in § 22-3571.01 or imprisonment for not more than 1 year, or both.

So silencer possession (no specific penalty in § 22-4514(c)) is a misdemeanor-level offense (up to 1 year) absent a prior conviction; with a prior conviction, § 22-4514(c)(3) allows up to 10 years.

Related provisions

  • No hunting or made-in-state suppressor provisions found; DC has no suppressor hunting use.
  • DC is a federal district; no state preemption statute analyzed.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Florida

Suppressors: No item-specific restriction found

Short answer for Florida: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (no Florida possession/ownership restriction located; "firearm" definition includes silencers)None needed
SBRUnsettledRestricted, with an exception (felony unless lawfully owned and possessed under federal law)Federal compliance
SBSUnsettledRestricted, with an exception (same)Federal compliance
AOWNo item-specific restriction foundNo state restriction found (no Florida statute restricts AOWs as a class; only "destructive device"/"weapon" definitions)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBR/SBS (no state restriction found for suppressors and AOWs) — s. 790.221(3) excepts firearms "lawfully owned and possessed under provisions of federal law" and does not name registration, so the outcome turns on whether an unregistered SBR/SBS that ATF has chosen not to prosecute is "lawfully ... possessed under" federal law, while the NFA statutes remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Florida, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Florida has no statute restricting suppressor possession, manufacture or sale; the only appearance of silencers is in the "firearm" definition. Nothing found restricts AOWs as a class either. The operative restriction is s. 790.221: owning or possessing an operable SBR, SBS or machine gun is a second-degree felony. Subsection (3) excepts "Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law."

That is a federal compliance exception by wording: it does not mention the NFA, registration, or a tax stamp. The text says only "lawfully owned and possessed under provisions of federal law." My interpretation (not stated in the text): after the ATF's Oct. 9, 2026 enforcement-discretion letter, the NFA statutes still exist, so an unregistered SBR/SBS may still not be "lawful under" federal law, merely not enforced; the contrary reading is that "provisions of federal law" lawfully permit what ATF now allows, and for Silencer Shop plaintiffs the court enjoined enforcement. The question is genuinely open, the cautious assumption is that the exception may not cover an unregistered SBR/SBS until a court or the Florida attorney general says otherwise, and Florida prosecutors are not bound by ATF's policy. Machine guns remain within the same exception but remain federally registration-dependent (post-1986 ban), unaffected. A person who made or acquired an SBR relying on the letter carries felony risk (a second-degree felony, punishable as provided in s. 775.082).

Statutory text

Fla. Stat. § 790.221 — Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty

Source: leg.state.fl.us/statutes/index.cfm?App_mode=Display_Sta… (retrieved 2026-10-12; 2026 Florida Statutes; history ends ch. 97-102, so no recent amendment)

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.

(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.

Fla. Stat. § 790.001 — Definitions (selected)

Source: leg.state.fl.us/statutes/index.cfm?App_mode=Display_Sta… (retrieved 2026-10-12; 2026 Florida Statutes; history ends s. 4, ch. 2023-18)

(9) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. [...]

(13) "Machine gun" means any firearm which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

(17) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(6) "Destructive device" means [...] any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; [...]

(16) "Short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

Fla. Stat. § 790.33 — Field of regulation of firearms and ammunition preempted

Source: leg.state.fl.us/statutes/index.cfm?App_mode=Display_Sta… (retrieved 2026-10-12; 2026 Florida Statutes; history ends s. 1, ch. 2021-15)

(1) PREEMPTION. — Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. [...]

I reviewed the Ch. 790 table of contents (2026 Fla. Stat.). No section title addresses silencers/suppressors or AOWs; only s. 790.221 (SBR/SBS/MG), s. 790.222 (bump stocks), s. 790.16 (discharging machine guns), s. 790.161 (destructive devices).

Related provisions

  • Fla. Stat. § 790.001 defines "firearm" to include "any firearm muffler or firearm silencer", so suppressors fall under general firearm statutes (e.g., felon-in-possession) though no specific restriction found.
  • Fla. Stat. § 790.33: state preemption of local firearm regulation (quoted above).
  • Florida assault-weapon law: no independent SBR/SBS ban found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 from Florida AG or FDLE on the Aug. 5 ruling or the Oct. 9 ATF letter (other than the multistate letter to Congress below, which does not address Florida law).
  • No 2025-2026 amendment to s. 790.221 (history shows last amendment ch. 97-102).
  • Sept. 4, 2026: Florida's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Florida law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Georgia

Suppressors: Registration or other requirements apply

Short answer for Georgia: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (possession banned unless registered under NFA)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (as "sawed-off rifle": barrel < 16 in. OR overall length < 26 in.)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (as "sawed-off shotgun": barrel < 18 in. OR overall length < 26 in.)Federal registration
AOWNo item-specific restriction foundNot separately named; no state restriction found unless the item meets the sawed-off or "dangerous weapon" definitions (then same as those)None needed (generally)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal (on the text) / Unclear (no authority yet) — § 16-11-124(4) exempts only a person "authorized to possess the same because he has registered" the item "in accordance with the dictates of the National Firearms Act." An item not registered in the NFRTR does not fit that text, and Georgia has no "lawful under federal law" alternative.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Georgia, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

Georgia bans possession of "sawed-off" rifles and shotguns, machine guns, "dangerous weapons" (destructive-device-type items) and silencers (§ 16-11-122), a felony carrying five years (§ 16-11-123). For ordinary private possession of an operable item, the relevant exception is § 16-11-124(4) (the section lists others, such as inoperative weapons): possession "by a person who is authorized to possess the same because he has registered" the item "in accordance with the dictates of the National Firearms Act." That is a registration-type exception. It does not say "lawful under federal law" or "not in violation of federal law." The text turns on the individual having registered the item.

Text vs. interpretation: on the text, an unregistered suppressor, SBR or SBS is outside (4) even if ATF no longer enforces registration, because there is no registration to point to. How this wording applies to an unregistered item is untested. A registration that actually authorizes the current possessor fits (4) on its text, but the cautious assumption is that the exception may not cover an item without a completed registration until a court or the Georgia attorney general says otherwise.

Definitions are by Georgia's own barrel/overall-length numbers, not federal law. Note the SBR definition is broader than the NFA in one respect: "barrel < 16 in. OR overall length < 26 in." and it is limited to weapons firing a single projectile per trigger pull through a rifle bore. AOWs are not named; a smoothbore pistol or pen gun is not "sawed-off" unless made from a shotgun, so some AOWs may fall outside Georgia's restrictions, though I have not confirmed which, if any, particular AOW falls outside them. There is no state registry or permit.

Statutory text

O.C.G.A. § 16-11-121 — Definitions (Part 2, Possession of Dangerous Weapons)

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly)

As used in this part, the term:

(1) "Dangerous weapon" means any weapon commonly known as a "rocket launcher," "bazooka," or "recoilless rifle" which fires explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy armor, or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a "mortar" which fires high explosive from a metallic cylinder and which is commonly used by the armed forces as an antipersonnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a "hand grenade" or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose.

(2) "Machine gun" means any weapon which shoots or is designed to shoot, automatically, more than six shots, without manual reloading, by a single function of the trigger.

[...]

(4) "Sawed-off rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, made or remade, to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger; and which has a barrel or barrels of less than 16 inches in length or has an overall length of less than 26 inches.

(5) "Sawed-off shotgun" means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches.

[...]

(7) "Silencer" means any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive.

O.C.G.A. § 16-11-122 — Possession prohibited

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly)

No person shall have in his possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer except as provided in Code Section 16-11-124.

O.C.G.A. § 16-11-123 — Unlawful possession of firearms or weapons (penalty)

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly)

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years.

O.C.G.A. § 16-11-124 — Exemptions (the NFA exception)

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly; history shows Ga. L. 2024, p. 81 (HB 299) inserted "space force" in paragraph (2), which the quote below elides)

This part shall not apply to:

(1) A peace officer of any duly authorized police agency of this state [...] or a law enforcement officer of any department or agency of the United States who is regularly employed and paid [...] in the official performance of his duties;

(2) A member of the National Guard or of the armed forces of the United States [...] who, while serving therein, possesses such firearm in the line of duty;

(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. [...];

(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862); and

(5) A security officer employed by a federally licensed nuclear power facility [...]. The exemption under this paragraph does not include the possession of silencers.

O.C.G.A. § 16-11-125 — Burden of proof as to exemptions

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly)

In any complaint, accusation, or indictment and in any action or proceeding brought for the enforcement of this part it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this part, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.

Related provisions

  • No state "Firearms Freedom Act" suppressor law found.
  • No Georgia assault-weapon ban (SB 33 of 2013, which would have created one, was a proposal and is not enacted as far as found).

Post-ruling guidance and recent legislation

  • No AG opinion, GBI or DNR statement, or 2025-2026 amendment to §§ 16-11-121 to -125 found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Georgia law).
  • Sept. 4, 2026: Georgia's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Georgia law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Hawaii

Suppressors: Prohibited under state law

Short answer for Hawaii: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: anything that fits Hawaii's rifle, shotgun, silencer, automatic or assault-pistol terms is barred, and handgun-type items fall under the permit and registration rules.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBannedBanned
SBRProhibited under state lawBanned (rifle with barrel under 16 in.)Banned
SBSProhibited under state lawBanned (shotgun with barrel under 18 in.)Banned
AOWUnsettledUnclear; no AOW category. Concealable "other" weapons are mostly handguns (permit/registration, HRS 134-2, 134-3). Smooth-bore pistols and pen guns are not named in 134-8. Items within the rifle/shotgun/silencer/automatic/assault-pistol terms are banned.Banned (for the covered categories)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal. The state ban in HRS 134-8(a) has no federal-law, registration or NFA exception for civilians, so the ATF change does not matter; the ban applies whether the item is registered or not.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in Hawaii: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Hawaii bans the manufacture, possession, sale, barter, trade, gift, transfer and acquisition of silencers, rifles with barrels under 16 inches, and shotguns with barrels under 18 inches. The text of § 134-8(a) contains no exception for NFA-registered items, federally lawful items, or items with a tax stamp. The only federal-law references in § 134-8 are in the ghost-gun affirmative defense. Because the ban is unconditional, the Oct. 9, 2026 ATF open letter and the Aug. 5, 2026 N.D. Tex. ruling do not change the state ban (my interpretation).

The barrel-length tests are state-defined and are not tied to the NFA's "short-barreled" definition, so a rifle under 16 inches is banned however it is classified federally. The ban applies to ordinary civilians. The quoted text has no law-enforcement or military exemption; other parts of chapter 134 may have one. Penalty: class C felony with a mandatory five-year term without probation.

AOWs have no distinct treatment in Hawaii law. An AOW is banned if it is also a covered item, such as a short-barreled rifle or shotgun, a silencer-equipped disguised device, or an automatic firearm. Handgun-type AOWs (for example a smooth-bore pistol or a pen gun) may fall under the permit and registration rules for pistols and revolvers in HRS 134-2 and 134-3.

Statutory text

Haw. Rev. Stat. § 134-8(a) — Prohibited firearms, ammunition, and devices

Source: data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/H… (retrieved 2026-10-12; history note ends "am L 2025, c 18, §3", so current through Act 18 of 2025)

The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following shall be prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; ghost guns; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

Haw. Rev. Stat. § 134-8(d) — Penalty

Source: data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/H… (retrieved 2026-10-12)

(d) Any person violating subsection (a) or (b) shall be guilty of a class C felony and shall be imprisoned for a term of five years without probation. [...]

(e) In any prosecution for the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of a ghost gun, it shall be an affirmative defense that the person holds a current license to sell and manufacture firearms for sale under section 134-31, or that the person is a dealer licensed by the United States Department of Justice, or that the firearm is not required to have a serial number under the federal Gun Control Act of 1968.

Subsection (e) is limited to ghost guns and does not apply to suppressors, short rifles or short shotguns.

Haw. Rev. Stat. § 134-1 — Definitions (relevant parts)

Source: data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/H… (retrieved 2026-10-12; history note ends "am L 2025, c 18, §1")

"Automatic firearm" means any firearm that shoots, is designed to shoot, or can be readily modified to shoot automatically more than one shot, without a manual reloading, by a single function of the trigger. This term shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or any combination of parts designed and intended, for use in converting a firearm into an automatic firearm, and any combination of parts from which an automatic firearm can be assembled if the parts are in the possession or under the control of a single person.

"Pistol" or "revolver" means any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas.

"Silencer", "rifle" and "shotgun" are not defined in § 134-1. The assault pistol definition reads in part: "a semiautomatic pistol that accepts a detachable magazine and has two or more of the following characteristics: [...] (2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer; [...] but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section, or a curio or relic as those terms are used in 18 United States [Code...]".

Related provisions

  • Haw. Rev. Stat. § 134-1 "assault pistol": a threaded barrel capable of accepting a silencer is one qualifying feature.
  • Hunting with a suppressor: not applicable because possession is banned.
  • Preemption and Firearms Freedom Act: none found.

Post-ruling guidance and recent legislation

  • No Hawaii attorney general, county police or other state statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter. None found as of 2026-10-12.
  • 2025 amendment: Act 18 (L 2025) amended § 134-1 and § 134-8, mainly to add ghost guns.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Idaho

Suppressors: No item-specific restriction found

Short answer for Idaho: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (Idaho Code Title 18, ch. 33)None needed
SBRNo item-specific restriction foundNo state restriction found for adultsNone needed
SBSNo item-specific restriction foundNo state restriction found for adultsNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found (as to state law) — the Title 18, ch. 33 sections I reviewed contain no prohibition or registration requirement for these items, so state law does not turn on NFA registration. Federal exposure is a separate question. Minors are the one exception for SBR/SBS (see below).

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Idaho that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Idaho Code ch. 33 contains no provision that prohibits, licenses or registers suppressors, SBRs, SBSs or AOWs for adults, and none that conditions legality on NFA registration, a tax stamp, or compliance with federal law. The category is therefore none needed: because the state imposes no requirement of its own, the change in federal enforcement posture does not alter the state-law answer. This reports what I did not find in ch. 33.

The only federal-law wording in the sampled text is the minors' provision, § 18-3302F(2), which says "Except as provided by federal law," a minor may not possess a sawed-off rifle/shotgun (misdemeanor) or full-auto weapon (felony). It is not a registration exception; it defers to federal law for minors (e.g., federal provisions allowing certain minor possession). "Sawed-off" is undefined, so whether it maps onto federally defined SBR/SBS is unclear; it matters only for persons under 18. Handgun possession by minors is separately restricted.

The prohibited-person statute (§ 18-3316, felon in possession of any firearm) applies to all firearms and so also to these items. State preemption (§ 18-3302J) bars local regulation, so no city or county NFA-item ordinances should apply.

Idaho does have a Firearms Freedom Act (§ 18-3315A, quoted above) covering suppressors made and kept in Idaho, and an anti-commandeering statute (§ 18-3315B); neither restricts or licenses possession. The ch. 33 table of contents (§§ 18-3301 to 18-3327) also lists § 18-3319 (bombs/destructive devices): possession is a felony only with unlawful purpose, certain prohibited persons, or shrapnel design; it does not address suppressors, SBRs or SBSs. I found no section in ch. 33 that restricts silencers, short-barreled or sawed-off firearms for adults.

Statutory text

Scope: Idaho Code Title 18, Chapter 33 (§§ 18-3301 through 18-3327, including lettered sections), the criminal weapons chapter, contains the only provisions on these items found: §§ 18-3302F, 18-3302H, 18-3315A and 18-3315B (the last two are quoted below). Other titles, such as Title 36 (fish and game), can contain separate rules on use.

Idaho Code § 18-3302F — Prohibition of possession of certain weapons by a minor

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; site states "Idaho Statutes are updated to the website July 1 following the legislative session"; history shows only 1994 enactment)

(1) It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any handgun.

(2) Except as provided by federal law, a minor under the age of eighteen (18) years may not possess the following:

(a) A sawed-off rifle or sawed-off shotgun; or

(b) A full automatic weapon.

(3) Any person who violates the provisions of subsection (2) (a) of this section is guilty of a misdemeanor.

(4) Any person who violates the provisions of subsection (2) (b) of this section is guilty of a felony.

(5) For purposes of this section:

(a) "Full automatic weapon" means any firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one (1) bullet, or other missile without reloading, by a single function of the trigger.

[...]

(Note: "sawed-off rifle/shotgun" is not defined in this section.)

Idaho Code § 18-3302H(2)(a) — Retired law enforcement carry (definition only)

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; same currency note; history through 2019)

(2) As used in this section:

(a) "Firearm" means a handgun and does not include:

(i) Any machine gun, as defined in 26 U.S.C. section 5845(b);

(ii) Any firearm silencer, as defined in 18 U.S.C. section 921; or

(iii) Any destructive device, as defined in 18 U.S.C. section 921.

[...]

This only limits what a retired officer may carry under that license; it does not restrict private ownership.

Idaho Code § 18-3315A — Prohibition of federal regulation of certain firearms (Idaho Firearms Freedom Act)

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; history: added 2010, ch. 244; no later amendment shown)

(1)(b) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition, ammunition carriers and lights for target illumination.

(2) A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Idaho and that remains within the borders of Idaho is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. [...]

(4) Subsections (2) and (3) of this section do not apply to: [...] (d) A firearm that discharges two (2) or more rounds of ammunition with one (1) activation of the trigger or other firing device.

(5) A firearm manufactured or sold in Idaho under this section shall have the words "Made in Idaho" clearly stamped on a central metallic part, such as the receiver or frame.

This is a state declaration about federal law, not a state permission or prohibition; it does not itself restrict anything and its legal effect against federal law is a separate question outside this guide. It expressly excludes automatic-fire firearms.

Idaho Code § 18-3315B — Prohibition of regulation of certain firearms (anti-commandeering)

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; history: added 2014, am. 2021, ch. 329)

(4) All Idaho government entities are prohibited from using any personnel, funds, or other resources to enforce, administer, or support the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government enacted or promulgated on or after the effective date of this act upon a firearm, firearm component, firearm accessory, or ammunition if contrary to the provisions of section 11, article I of the constitution of the state of Idaho.

(7)(a) "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, braces, ammunition, ammunition carriers, and lights for target illumination.

This limits Idaho officials' participation in enforcing new federal rules; it does not restrict private possession.

Idaho Code § 18-3302J — Preemption of firearms regulation

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; same currency note; history shows an amendment by 2026 ch. 295, sec. 1, so the quoted text is the post-amendment text)

(1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen's right to bear arms [...]. It is the legislature's intent to wholly occupy the field of firearms regulation within this state.

(2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, ordinance, executive order, or policy which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition. [...]

Related provisions

  • § 18-3302J preemption (quoted above).
  • § 18-3316 felon in possession (any firearm): legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12: "(1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000)."; "firearm" is not defined there to exclude NFA items).
  • Idaho has no state assault-weapon statute that I found in ch. 33.

Post-ruling guidance and recent legislation

  • Other 2025-2026 amendments to ch. 33: none found as of 2026-10-12 (the site updates July 1 after each session, so 2026 enactments should be reflected).
  • Sept. 4, 2026: Idaho's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Idaho law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)
  • Idaho Attorney General news release, "AG Labrador's Lawsuit Against ATF Helps Slash Suppressor Red Tape," Oct. 12, 2026: ag.idaho.gov/newsroom/ag-labradors-lawsuit-against-atf-… (retrieved 2026-10-13). It describes ATF's Oct. 9 guidance as extending the ruling's result to gun owners nationwide, notes that "The Idaho Constitution forbids any firearm registration by state or local government," and says the guidance "is an enforcement policy that the ATF says could be reversed." It is about federal requirements, not a change to Idaho law.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Illinois

Suppressors: Prohibited under state law

Short answer for Illinois: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: one made from a rifle or shotgun and under 26 inches overall is barred, and the assault-weapon law can reach others. A narrow exception covers certain short rifles held by federal curio-and-relic licensees.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (Class 3 felony); only exceptions are federally licensed manufacturers acting within their business, and police tactical teamsBanned
SBRProhibited under state lawBanned (rifle barrel < 16 in., or weapon made from rifle/shotgun < 26 in. overall; Class 3 felony). Narrow exception, 24-2(c)(7): rifle with barrel < 16 in. held by a federal Curios and Relics licensee (or a military re-enactor, overall length >= 26 in.)Banned (narrow C&R-license exception)
SBSProhibited under state lawBanned (shotgun barrel < 18 in., or < 26 in. overall; Class 3 felony)Banned
AOWUnsettledNo separate "AOW" category. Reached only to the extent the item is a sawed-off rifle/shotgun-derived weapon < 26 in. overall (24-1(a)(7)(ii)); otherwise not specifically restricted by 24-1 (may still be reached by FOID/assault-weapon/other provisions depending on the item).Banned (if (a)(7)(ii) applies) / otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal. Illinois has no federal-law or NFA-registration exception for ordinary civilians; NFA registration is not an exception in the Illinois statute, so the ATF change does not affect the state ban. One narrow exception (24-2(c)(7)): a federal C&R licensee may possess a rifle with a barrel under 16 in.; it turns on the C&R license, not NFA registration or the ATF letter.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in Illinois: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Illinois bans, by name and with no tie to federal law, (1) any device "designed, used or intended for use in silencing the report of any firearm" (24-1(a)(6)) and (2) short-barreled rifles and shotguns, defined purely by dimensions (24-1(a)(7)(ii)). Both are Class 3 felonies, charged per item, with an enhanced Class 2 (3-7 years) in listed locations (24-1(c)(1)). The federal-law references in the exemptions are for persons holding a federal manufacturing license acting within the business (suppressors at 24-2(g-5); automatic weapons at 24-2(c)(5)), which expressly do not authorize general private possession, and the narrow curio-and-relic licensee exception for short rifles at 24-2(c)(7). There is no exception for items "registered under the NFA," "lawfully possessed under federal law," or the like, so the wording of Illinois law does not depend on federal status at all. That is the text; my interpretation is that the Oct. 9, 2026 ATF enforcement-discretion letter and the Silencer Shop Foundation ruling cannot take a civilian's possession outside the Illinois prohibition, because a federal tax stamp or registration was never an element of the exemption. The state suppressor ban applies equally to previously registered items. Penalties are felonies; each device is a separate violation; the defendant bears the burden of proving an exemption (24-2(h)). "Any other weapons" is a federal category and has no Illinois counterpart, so AOWs are restricted only where they independently fall into (a)(7)(ii) (rifle/shotgun-derived, under 26 in. overall), or other statutes (e.g. FOID Act, concealed-carry rules, assault weapon/.50 caliber law in 24-1.9) apply.

Statutory text

720 ILCS 5/24-1 — Unlawful possession of weapons (prohibition)

Source: ilga.gov/legislation/ilcs/fulltext?DocName=072000050K24… (retrieved 2026-10-12; official ILGA text; Source note ends "P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23; 103-822, eff. 1-1-25." ILGA warns the database may not yet reflect very recent Public Acts.)

(a) A person commits the offense of unlawful possession of weapons when he knowingly: [...]

(6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or carries:

(i) a machine gun, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; [...]

(b) Sentence. [...] a person convicted of a violation of subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle [...] or on the person, while the weapon is loaded, in which case it shall be a Class X felony. [...] The possession of each weapon or device in violation of this Section constitutes a single and separate violation.

(c) Violations in specific places. (1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school, regardless of the time of day or the time of year, [...] in a public park, in a courthouse, [...] in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: [...]

Note (d) refers to (a)(7) only (SBR/SBS/MG/bombs), not the (a)(6) silencer ban.

720 ILCS 5/24-2 — Exemptions

Source: ilga.gov/legislation/ilcs/fulltext?DocName=072000050K24… (retrieved 2026-10-12; Source note ends "P.A. 103-154, eff. 6-30-23; 104-417, eff. 8-15-25.")

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following: (1) Peace officers while in performance of their official duties. (2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense. (3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty. (4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns [...] (5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business [...]

(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm [...]

(g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.

(c)(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.

(h) An information or indictment based upon a violation of any subsection of this Article need not negate any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

Section 24-2(c)(7), quoted above, exempts from 24-1(a)(7) a person possessing a rifle with a barrel under 16 inches who holds a federal Curios and Relics (C&R) license, or a bona fide re-enactment-group member (overall length at least 26 inches). It covers rifles only, not short-barreled shotguns, and is keyed to a C&R license rather than NFA registration. No other exemption for private SBR/SBS owners and none for civilian suppressor owners appears in 24-2 (subsections (a)-(b), (d)-(f), (i) concern law enforcement, security, carry, transport, other paragraphs).

Related provisions

  • 720 ILCS 5/24-1.9 — assault weapons, .50 caliber rifles and cartridges (ilga.gov/legislation/ilcs/fulltext?DocName=072000050K24…; retrieved 2026-10-12; source note: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24). Verbatim in part: "(c) Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge." Definitions include a semiautomatic pistol with a detachable magazine and "a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder" (a)(1)(C)(vi), "a threaded barrel" (a)(1)(C)(i), and "a flash suppressor" as a feature of semiautomatic rifles and pistols. Possession is allowed only for people who filed an endorsement affidavit before Jan. 1, 2024 (subsection (d); the filing period opened Oct. 1, 2023), for listed officials (e), and for the other exceptions in (e). Violation is a Class A misdemeanor for possession under 24-1(b) (24-1(a)(15)) and a Class 3 felony for manufacture/sale (24-1(a)(16)). This is separate from the SBR rule; a short-barreled semiautomatic rifle or braced pistol with listed features could violate both. It does not itself ban or mention suppressors as devices.
  • 720 ILCS 5/24-1(a)(14): unlawful to manufacture, possess, sell or use "any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm"; Class 2 felony under 24-1(b). Outside the four categories covered by this guide.
  • Hunting with a suppressor: no exception found; the ban in 24-1(a)(6) applies.
  • No state "Firearms Freedom Act"/made-in-state suppressor law found.
  • I reviewed 720 ILCS 5/24-1, 24-1.9 and 24-2; they contain no separate silencer or AOW provision beyond those quoted. I did not scan the rest of Art. 24.
  • 720 ILCS 5/24-1(d): presence of an (a)(7) weapon in an automobile is prima facie evidence that all occupants possess it (quoted above; does not cover (a)(6) suppressors).

Post-ruling guidance and recent legislation

  • Illinois AG / Illinois State Police statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter: None found as of 2026-10-12.
  • ATF release (federal): atf.gov/node/157811
  • Legislation: prior bills (e.g., SB 3128, 102nd GA; SB 1693, 103rd GA) would have deleted the (a)(6) silencer ban, but the current ILGA text still contains it, so they were not enacted. No 2025-2026 enacted amendment to (a)(6) or (a)(7)(ii) found; the latest Public Act listed on the 24-1 page is P.A. 103-822 (eff. 1-1-25).

Case law and AG opinions

  • Morse v. Raoul (consol. with Anderson v. Raoul), Nos. 3:22-cv-02740-DWD & 3:23-cv-0728-DWD, Doc. 109 (S.D. Ill. Sept. 5, 2025) — govinfo.gov/content/pkg/USCOURTS-ilsd-3_22-cv-02740/pdf…. Second Amendment challenge to Illinois' "outright ban of firearm 'silencers'"; the court granted the State's motion for judgment on the pleadings and entered judgment for defendants. Appeal status not confirmed (no Seventh Circuit ruling found).

Net effect: The state ban stands: the silencer ban survived a federal Second Amendment challenge at the district court, and nothing in the text ties legality to federal status.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Indiana

Suppressors: No item-specific restriction found

Short answer for Indiana: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (IC 35-47, per the 2025 Indiana Code (iga.in.gov))None needed
SBRNo item-specific restriction foundNo state restriction found (IC 35-47-5 or elsewhere in IC 35-47, per the 2025 Indiana Code (iga.in.gov))None needed
SBSNo item-specific restriction foundNo state restriction found since 7/1/2015: IC 35-47-5-4.1 is shown as "Repealed by P.L.84-2015, SEC.4" in the 2017 Justia compilationNone needed (but see IC 35-50-2-13 sentencing enhancement, keyed to federal law)
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found (as to possession) — the text I reviewed shows no Indiana prohibition, license or registration on suppressors, SBRs, SBSs or AOWs, so the state does not turn on NFRTR status. The only federal-law linkage is a sentencing enhancement in IC 35-50-2-13 for possessing a "sawed-off shotgun in violation of federal law" while committing a drug-dealing offense; that could still apply to an SBS because the NFA statutes remain on the books. I reviewed the 2025 Indiana Code and compared it with the official 2026 edition, which shows no change to these sections.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Indiana that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Per the official 2025 Indiana Code, Indiana's only former NFA-type ban, the sawed-off shotgun ban (IC 35-47-5-4.1), was repealed by P.L.84-2015 effective 2015. Chapter 5 contains no suppressor, SBR or AOW provision, and the definitions of "sawed-off shotgun" now apply only to the drug-dealing sentencing enhancement. So I found no item-specific restriction on possessing suppressors, SBRs, SBSs or AOWs in the state provisions I read (general firearm laws still apply), and there is no "registered" or "in compliance with federal law" exception to parse for simple possession. Indiana also has a statute (IC 35-47-8.5) on CLEO certifications where federal law requires one.

The one federal hook is IC 35-50-2-13(a)(2)(B): an added sentence for a person who commits one of the listed drug-dealing offenses and either used a firearm or possessed one of the listed firearms, one of which is a "sawed-off shotgun in violation of federal law." The added term can be up to 10 years, or up to 20 years if the firearm is equipped with a silencer or muffler. This is federal compliance wording, without naming registration. Whether an unregistered SBS is "in violation of federal law" after the ATF letter is unsettled: the NFA statutes are not repealed, the ATF policy is only enforcement discretion, and the 2026 injunction covers only the plaintiffs and the members and customers it names. That interpretation is mine, not from any case. It applies only where one of the listed drug-dealing offenses is charged and the enhancement is found. Machine gun possession is a Level 5 felony, with a federal-statutes exemption; unaffected by the ATF letter. I compared the 2025 and 2026 editions of the sections quoted here; I did not read other 2026 changes to IC 35-47. Section 10(9) (P.L.80-2023) is a further federal-registration-keyed machine gun exemption that I have not analyzed.

Statutory text

IC 35-47-5 — chapter index (shows repeal of the sawed-off shotgun ban)

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; official 2025 Indiana Code on iga.in.gov, Title 35 > Art. 47 > Ch. 5 table of contents shows Sections 0.1, 1, 3, 4, 4.1, 6, 7, 11, 12 "Repealed"; remaining sections are 2, 2.5, 5, 8, 9, 10, 11.5, 13)

IC 35-47-5-4.1 Repealed

As added by P.L.1-1990, SEC.351. Amended by P.L.2-1991, SEC.107; P.L.158-2013, SEC.593. Repealed by P.L.84-2015, SEC.4.

Before its repeal that section made dealing in or possessing a sawed-off shotgun an offense.

The same chapter lists no section on suppressors, silencers, short-barreled rifles or any other weapons; its current sections (2025 Code) are Knife with a Detachable Blade, Possession of a Knife on School Property, Application of Chapter, Machine Gun, Operating Loaded Machine Gun, Applicability of Statutes Relating to Machine Guns, Armor-Piercing Ammunition, and Unlawful Use of Body Armor, with the rest repealed.

IC 35-47-5-8 — Machine gun

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; history: P.L.311-1983, am. P.L.104-2000, P.L.123-2002, P.L.158-2013)

Sec. 8. A person who knowingly or intentionally owns or possesses a machine gun commits a Level 5 felony.

IC 35-47-5-10 — Applicability of statutes relating to machine guns

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; history ends P.L.80-2023, SEC.3)

Sec. 10. The provisions of section 8 or 9 of this chapter do not apply to any of the following: [...] (3) The ownership, possession, or operation of a machine gun by any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties. [...] (7) The ownership, possession, or operation of a machine gun by persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article. [...] (9) The ownership, possession, or operation of: (A) a machine gun; or (B) another item; not required to be registered in the National Firearms Registration and Transfer Record maintained by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

Paragraph (9), added by P.L.80-2023, is a state exemption keyed to the federal NFRTR: it exempts a machine gun or other item "not required to be registered" in the NFRTR. I did not analyze how it applies to an unregistered but registration-required machine gun; (7) still requires possession or application "under applicable United States statutes."

IC 35-50-2-13 — Additional sentence for firearms in drug dealing offenses

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; history ends P.L.175-2022, SEC.17)

Sec. 13. (a) The state may seek [...] to have a person who allegedly committed an offense of dealing in a controlled substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally: (1) used a firearm; or (2) possessed a: (A) handgun in violation of IC 35-47-2-1.5; (B) sawed-off shotgun in violation of federal law; or (C) machine gun in violation of IC 35-47-5-8; while committing the offense. [...] (c) [...] the court may sentence the person to an additional fixed term of imprisonment of not more than five (5) years, except as follows: (1) If the firearm is a sawed-off shotgun, the court may sentence the person to an additional fixed term of imprisonment of not more than ten (10) years. (2) If the firearm is a machine gun or is equipped with a firearm silencer or firearm muffler, the court may sentence the person to an additional fixed term of imprisonment of not more than twenty (20) years. [...]

IC 35-31.5-2-282 — "Sawed-off shotgun" (definition, limited to IC 35-50-2-13)

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; history: P.L.114-2012, am. P.L.84-2015)

Sec. 282. "Sawed-off shotgun", for purposes of IC 35-50-2-13, means: (1) a shotgun having one (1) or more barrels less than eighteen (18) inches in length; and (2) any weapon made from a shotgun (whether by alteration, modification, or otherwise) if the weapon as modified has an overall length of less than twenty-six (26) inches.

IC 35-47-8.5 — NFA Firearm Certification (state law facilitating federal NFA process)

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; added by P.L.66-2016, SEC.7, no later amendment shown)

Sec. 2. (a) If the certification of a chief law enforcement officer is required by federal law for the transfer or manufacture of an NFA firearm, the chief law enforcement officer shall issue the certification not later than fifteen (15) days after receipt of a completed request for certification, unless the applicant is: (1) prohibited by law from receiving or possessing a firearm; or (2) the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing a firearm.

("NFA firearm" is defined in Sec. 1(4) as "a firearm as defined in 26 U.S.C. 5845(a)".) Where federal law requires a chief law enforcement officer's certification, this chapter generally requires the officer to issue it on time, subject to the chapter's exceptions; it creates no state restriction.

IC 35-47-11.1-2 — Local preemption

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; added by P.L.152-2011, SEC.4, no later amendment shown)

Sec. 2. Except as provided in section 4 of this chapter, a political subdivision may not regulate: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

Related provisions

  • Preemption: IC 35-47-11.1-2 (quoted above); covers "firearm accessories."
  • No assault-weapon ban found in IC 35-47 chapter lists. I reviewed the Art. 47 table of contents (2025 Code): Ch. 1-16 titles (definitions, handguns, confiscated weapons, buyback, laser pointers, prohibited instruments, aircraft, wound reporting, stun weapons, NFA certification, school property, children, local regulation, seizure, retired LEO, judicial officers); no suppressor, SBR/SBS or AOW restriction.
  • IC 35-47-5-5: chapter does not apply to firearms not designed for fixed cartridges or made before 1899 (2013 compilation).

Post-ruling guidance and recent legislation

  • AG Todd Rokita joined six other state AGs in an Aug. 13, 2026 letter to ATF about implementing the Aug. 5, 2026 Silencer Shop Foundation v. ATF ruling (federal, not state-law guidance): oklahoma.gov/content/dam/ok/en/oag/news-documents/2026/…
  • No Indiana state agency guidance on the Oct. 9, 2026 ATF Open Letter found as of 2026-10-12.
  • The official 2026 edition of the Indiana Code (iga.in.gov, which includes the 2026 session) shows IC 35-47-5 unchanged from the 2025 edition; the last change to any section of that chapter is P.L.80-2023. Source: iga.in.gov/ic/2026/Title_35/Article_47/Chapter_5.pdf (retrieved 2026-10-13)
  • Sept. 4, 2026: Indiana's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Indiana law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Iowa

Suppressors: Unsettled

Short answer for Iowa: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. The answer for suppressors, SBRs and SBSs is unsettled.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (possession felony only if "in violation of federal law")Federal compliance
SBRUnsettledRestricted, with an exception (same structure; federal 18 U.S.C. 921 definition)Federal compliance
SBSUnsettledRestricted, with an exception (same as SBR)Federal compliance
AOWNo item-specific restriction foundNot separately regulated by Iowa statute found (not an "offensive weapon" unless it fits 724.1 categories, e.g. bore > .60 or MG/DD)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — Iowa criminalizes suppressor/SBR/SBS possession only "in violation of federal law" and does not mention registration. Whether an unregistered item is "in violation of federal law" when the NFA statutes remain on the books but ATF has stopped enforcing is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Iowa, the exception for suppressors, SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Iowa does not run its own registration or permit scheme for these items, and does not ban them outright. Suppressors (2016) and SBRs/SBSs (2017) are handled by short statutes that make knowing possession a class D felony only when it is "in violation of federal law." SBR/SBS are defined by reference to 18 U.S.C. 921. The exception wording is federal compliance, not federal registration: nothing in the text mentions the NFRTR, a tax stamp, or approval. Section 724.1A's CLEO-certification provision is tied to what "federal law" requires; it presupposes a federal application and may be moot if no application is required.

What the text says: the offense element is violation of federal law. Interpretation: after the Oct. 9, 2026 ATF letter, the NFA provisions are still on the books and ATF has only announced non-enforcement as discretion. A prosecutor could argue an unregistered item remains "in violation of federal law" (the statutes are unrepealed, and enforcement could resume). Iowa's drafting does not require a prior federal conviction or ATF action, which cuts toward risk. Penalty is class D felony (up to 5 years and a fine of $1,025 to $10,245 under Iowa Code 902.9(1)(e)).

AOWs: I found no Iowa provision that targets them. They are not "offensive weapons" unless they fit 724.1 (machine gun, over .60 bore non-shotgun, destructive device). Machine guns and destructive devices are banned for ordinary civilians with only 724.2 category exceptions.

Statutory text

Iowa Code § 724.1A — Firearm suppressors — certification

Source: legis.iowa.gov/docs/code/724.pdf (retrieved 2026-10-12; footer "Iowa Code 2026, Chapter 724", PDF generated Dec. 9, 2025; later amendments may not be reflected)

1. As used in this section, unless the context otherwise requires:

a. "Certification" means the participation and assent of the chief law enforcement officer of the jurisdiction where the applicant resides or maintains an address of record, that is necessary under federal law for the approval of an application to make or transfer a firearm suppressor.

[...]

c. "Firearm suppressor" means a mechanical device specifically constructed and designed so that when attached to a firearm it silences, muffles, or suppresses the sound when fired and that is considered a "firearm silencer" or "firearm muffler" as defined in 18 U.S.C. §921.

2. [...] b. When the certification of the chief law enforcement officer is required by federal law or regulation for making or transferring a firearm suppressor, the chief law enforcement officer shall, within thirty days of receipt of a request for certification, issue such certification if the applicant is not prohibited by law from making or transferring a firearm suppressor [...]

Iowa Code § 724.1B — Firearm suppressors — penalty

Source: legis.iowa.gov/docs/code/724.pdf (retrieved 2026-10-12; same currency note)

1. A person shall not knowingly possess a firearm suppressor in this state in violation of federal law.

2. A person who possesses a firearm suppressor in violation of subsection 1 commits a class "D" felony.

Iowa Code § 724.1C — Short-barreled rifle or short-barreled shotgun — penalty

Source: legis.iowa.gov/docs/code/724.pdf (retrieved 2026-10-12; same currency note)

1. For purposes of this section, "short-barreled rifle" or "short-barreled shotgun" means the same as defined in 18 U.S.C. §921.

2. A person shall not knowingly possess a short-barreled rifle or short-barreled shotgun in violation of federal law.

3. A person who possesses a short-barreled rifle or short-barreled shotgun in violation of subsection 2 commits a class "D" felony.

Iowa Code § 724.1 — Offensive weapons (operative parts)

Source: legis.iowa.gov/docs/code/724.1.pdf (retrieved 2026-10-12; "Iowa Code 2026, Section 724.1", generated Dec. 13, 2025)

1. An offensive weapon is any device or instrumentality of the following types:

a. A machine gun. A machine gun is a firearm which shoots or is designed to shoot more than one shot, without manual reloading, by a single function of the trigger.

b. Any weapon other than a shotgun or muzzle loading rifle, cannon, pistol, revolver or musket, which fires or can be made to fire a projectile by the explosion of a propellant charge, which has a barrel or tube with the bore of more than six-tenths of an inch in diameter, or the ammunition or projectile therefor, but not including antique weapons kept for display or lawful shooting.

c. A destructive device as defined in section 101A.1.

[...]

(No suppressor, SBR, SBS or AOW category appears in 724.1.)

Iowa Code § 724.3 — Unauthorized possession of offensive weapons

Source: legis.iowa.gov/docs/code/724.3.pdf (retrieved 2026-10-12; Iowa Code 2026)

Any person, other than a person authorized in this chapter, who knowingly possesses an offensive weapon commits a class "D" felony.

Iowa Code § 724.2 — Authority to possess offensive weapons (excerpt)

Source: legis.iowa.gov/docs/code/724.2.pdf (retrieved 2026-10-12; Iowa Code 2026)

1. Any of the following persons or entities is authorized to possess an offensive weapon when the person's or entity's duties or lawful activities require or permit such possession: a. Any peace officer. [...] e. Any person who under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices. f. Any person, firm or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention or manufacture of firearms. [...]

Iowa Code § 724.28 — Prohibition of regulation by political subdivisions (excerpt)

Source: legis.iowa.gov/docs/code/724.pdf (retrieved 2026-10-12; same currency note)

2. A political subdivision of the state shall not enact an ordinance, motion, resolution, policy, or amendment regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, or modification is otherwise lawful under the laws of this state. [...]

Related provisions

  • Iowa Code § 724.28: local preemption of ordinances regulating firearms, "firearms attachments," or other weapons (quoted above).
  • Iowa Code § 724.1(1)(e): parts designed to convert a device into an offensive weapon are themselves offensive weapons (not quoted in full).
  • Hunting with suppressors: I found no statutory bar in Iowa Code ch. 481A. DNR regulations are outside this guide.
  • No Iowa "Firearms Freedom Act" for suppressors found; no state assault-weapon law catching SBRs/SBSs found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 (no Iowa AG or Department of Public Safety statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter; no 2025-2026 amendments to 724.1-724.1C: the Iowa Code 2026 shows none, and the Legislature's table of code sections amended in the 2026 session lists only § 724.6 in chapter 724; legis.iowa.gov/law/statutory/acts/amended, retrieved 2026-10-13) (other than the multistate letter to Congress below, which does not address Iowa law).
  • ATF open letter (federal): atf.gov/node/157811
  • Sept. 4, 2026: Iowa's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Iowa law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Kansas

Suppressors: No item-specific restriction found

Short answer for Kansas: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (the 2026 Legislature struck the suppressor clause from K.S.A. 21-6301)None needed
SBRNo item-specific restriction foundNo state restriction found (rifle barrel length is not restricted; an SBR-length rifle is not named in 21-6301)None needed
SBSNo item-specific restriction foundNo state restriction found (the 2026 Legislature struck the short-shotgun clause from K.S.A. 21-6301 and 21-6302)None needed
AOWNo item-specific restriction foundNo state restriction found (not named in 21-6301)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found. Senate Substitute for House Bill 2501 (2026 Session Laws, ch. 101) removed the suppressor and short-shotgun offenses from K.S.A. 21-6301 and 21-6302, in force July 1, 2026. The same act raises the sentence for a felony committed with a suppressed firearm or a short shotgun.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Kansas that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Until July 1, 2026, Kansas made it a felony to possess a suppressor or a shotgun with a barrel under 18 inches unless the person was "in compliance with the national firearms act." The 2026 Legislature removed both offenses. I found nothing left in K.S.A. 21-6301 or 21-6302 that restricts possessing a suppressor, an SBR, an SBS or an AOW. Rifle barrel length was never mentioned in those sections.

Two things remain. First, the act added sentencing increases for felonies committed with a suppressed firearm or a short shotgun, so these items still matter under Kansas law when another crime is involved. Second, the Kansas Revisor's online statute page had not caught up when I checked it, so anyone reading that page alone would see the old prohibition. I relied on the session law as published by the Secretary of State.

Statutory text

2026 Kansas Session Laws, ch. 101 (Senate Substitute for House Bill 2501) - amends K.S.A. 21-6301 and 21-6302

Source: sos.ks.gov/publications/sessionlaws/2026/Chapter-101-HB… (retrieved 2026-10-12; "Approved April 9, 2026"; marked "Amended by Chapter 155")

The act's title describes it as "removing the criminal prohibition against firearm suppressors and shotgun barrel length qualification requirements; providing for enhanced penalties for certain felonies committed while using a firearm suppressor or short-barrel shotgun."

Section 2 strikes these words from K.S.A. 21-6301(a):

(4) possessing any device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm;

and strikes "a shotgun with a barrel less than 18 inches in length, or" from the next paragraph. As amended, the paragraph reads:

(4) selling, manufacturing, purchasing or possessing any firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger, whether the person knows or has reason to know that the firearm is designed or capable of discharging automatically;

Section 2 also strikes the former Kansas-made suppressor exemption, which is no longer needed. The federal-compliance exception that remains applies only to automatic firearms:

(g) Subsection (a)(4) shall not apply to or affect any person or entity in compliance with the national firearms act, 26 U.S.C. § 5801 et seq.

Section 3 makes the matching change to K.S.A. 21-6302 (criminal carrying of a weapon), which as amended reads:

(5) any firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger whether the person knows or has reason to know that the firearm is designed or capable of discharging automatically.

Section 4 adds a sentencing rule to K.S.A. 21-6804:

(2) When a firearm is used to commit any nonperson felony, the offender's sentence shall be one severity level above the appropriate level for such offense if the trier of fact makes a finding beyond a reasonable doubt that such firearm was: (A) Equipped with a device designed to suppress the report of the firearm; or (B) a shotgun equipped with a forend and having a barrel less than 18 inches in length.

Section 5 adds a similar rule for drug felonies to K.S.A. 21-6805.

Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.

2026 Kansas Session Laws, Volume 1 - publication date

Source: sos.ks.gov/publications/sessionlaws/2026/2026-Session-L… (retrieved 2026-10-12; "Date of Publication of this Volume July 1, 2026")

The Secretary of State's authentication says the laws in the volume "will take effect and be in force on and after the 1st day of July, AD 2026, except when otherwise provided."

K.S.A. 21-6301 on the Kansas Revisor's site - not yet updated

Source: ksrevisor.gov/statutes/chapters/ch21/021_063_0001.html (retrieved 2026-10-12; history line ends "L. 2021, ch. 94, § 2; July 1")

The Revisor's online page still showed the pre-2026 text, including the suppressor and short-shotgun clauses, when I retrieved it. The session law above is the later enactment.

K.S.A. 50-1204 - Kansas-made personal firearms, accessories (Second Amendment Protection Act)

Source: ksrevisor.gov/statutes/chapters/ch50/050_012_0004.html (retrieved 2026-10-12; L. 2013, ch. 100, § 4)

(a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. [...]

(b) Component parts are not firearms, firearms accessories or ammunition, and their importation into Kansas and incorporation into a firearm, a firearm accessory or ammunition manufactured and owned in Kansas does not subject the firearm, firearm accessory or ammunition to federal regulation. [...]

K.S.A. 12-16,124 - Local preemption

Source: ksrevisor.gov/statutes/chapters/ch12/012_016_0124.html (retrieved 2026-10-12)

(a) No city or county shall adopt or enforce any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage, carrying, transporting or taxation of firearms or ammunition, or any component or combination thereof. [...]

Related provisions

  • K.S.A. 12-16,124 preempts local firearm ordinances.
  • K.S.A. 50-1204 (Kansas-made firearms and accessories) is a legislative declaration about federal law; it does not change federal law.

Post-ruling guidance and recent legislation

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Kentucky

Suppressors: No item-specific restriction found

Short answer for Kentucky: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (no prohibition or licensing)None needed
SBRNo item-specific restriction foundNo state restriction found (no prohibition or licensing)None needed
SBSNo item-specific restriction foundNo state restriction found (no prohibition or licensing)None needed
AOWNo item-specific restriction foundNo state restriction found (no prohibition or licensing)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — I found no Kentucky statute that bans or licenses suppressors, SBRs, SBSs or AOWs, and none that conditions possession on NFA registration, so state law does not appear to depend on the federal registration status. (I reviewed the full section lists of KRS Chs. 237 and 527, the text of KRS Ch. 150 (fish and wildlife) and 301 KAR Ch. 2 (hunting regulations), and KRS 65.870; I did not read the whole code.)

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Kentucky that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

I found no separate Kentucky possession prohibition triggered solely by these item types or by lack of NFA registration. KRS Chapter 527 (the weapons-offense chapter) has no provision on them, and its definition of "firearm" is generic (KRS 527.010(4)). The only NFA-adjacent state items are: KRS 237.040 (destructive devices, criminal only with unlawful intent), KRS 237.075 (a sheriff must give the old federal CLEO certification within 15 days when federal law requires it; this is now largely moot for Form 1/4 applicants), and a set of pro-gun provisions (KRS 237.104, 237.105, 237.152, 65.870).

Because there is no state prohibition, there is no state exception tied to federal law, so none of the federal registration or federal compliance categories applies. The text does not make state-law treatment depend on NFRTR registration. My interpretation: I found nothing in Kentucky law that restricts an unregistered item within ATF's Oct. 9 non-enforcement policy. Federal requirements and generally applicable state firearm laws still apply (the NFA statutes are not repealed; the ATF letter is enforcement discretion). KRS 237.020 refers to what persons are "permitted to purchase or otherwise acquire under federal law", which is a right-to-buy statement and not a prohibition. Penalties: none specific to these items. KRS 237.105 penalties (Class B/A misdemeanor) apply to officials who cooperate in a "federal ban" taking effect after 1/1/2021; that provision is aimed at state and local officials, not private owners.

Statutory text

KRS 527.010 — Definitions (offenses relating to firearms and weapons)

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=19… (retrieved 2026-10-12; official LRC site, current version, effective July 15, 1994)

(4) "Firearm" means any weapon which will expel a projectile by the action of an explosive.

Note: Chapter 527's index (apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39…; page states "Includes enactments through the 2026 Regular Session" and "The KRS database was last updated on 10/12/2026") lists no section on silencers, SBRs, SBSs, or AOWs (sections: .010 definitions, .020 carrying concealed deadly weapon, .030 defacing, .040 felon possession, .050 defaced firearm, .060 forfeiture, .070 school property, .080 restricted ammunition, .090 fraudulent transaction, .100/.110 juveniles, .200-.210 weapons of mass destruction).

Note: Chapter 237's index (apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38…; page states "Includes enactments through the 2026 Regular Session") lists no section on silencers, suppressors, short-barreled rifles or shotguns, or any other weapons; its sections cover the right to buy firearms (.020), destructive devices (.030-.050), definitions and sales (.060-.090), the sheriff certification (.075), concealed-carry licensing (.102-.142), rights and registry protections (.104-.154) and shooting ranges (.200-.220).

KRS 237.040 — Criminal possession of destructive device or booby trap device

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=11… (retrieved 2026-10-12; official LRC page, created 1972)

A person is guilty of criminal possession of a destructive device or a booby trap device when he possesses, manufactures, or transports such substance or device with: (1) Intent to use that device to commit an offense against the laws of this state, a political subdivision thereof, or of the United States; or (2) Knowledge that some other person intends to use that device to commit an offense [...] (3) Mere possession without substantial evidence of the requisite intent is insufficient to bring action under KRS 237.030 to 237.050.

KRS 237.020 — Right to buy firearms

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=11… (retrieved 2026-10-12; official LRC site, effective June 26, 2007)

(1) Residents of the Commonwealth of Kentucky who are citizens of the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and unlicensed individual persons in Kentucky or in any other state or nation [...]

[...]

(4) All such sales shall conform to the requirements of federal law, the Kentucky Revised Statutes, applicable local ordinances, and the law of the purchaser's state.

KRS 237.075 — Chief law enforcement officer certification for NFA transfer or making

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=43… (retrieved 2026-10-12; official LRC page, effective July 15, 2014; history "Created 2014 Ky. Acts ch. 120, sec. 3")

(1)(a) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm; [...] (c) "Firearm" has the same meaning as provided in the National Firearms Act, 26 U.S.C. sec. 5845(a).

(2)(a) When a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer shall, within fifteen (15) days of receipt of a request for certification, provide this certification if the applicant is not prohibited by law from receiving or possessing the firearm [...]

KRS 237.104 — Rights to acquire, carry, and use deadly weapons not to be impaired

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=11… (retrieved 2026-10-12; official LRC site, effective July 12, 2006)

(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.

[...]

(3) The provisions of this section shall not apply to the taking of an item [...] from a person who is: (a) Forbidden to possess a firearm pursuant to KRS 527.040; (b) Forbidden to possess a firearm pursuant to federal law; [...]

KRS 237.105 — No cooperation in enforcement of federal ban on firearms, ammunition, or accessories

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=53… (retrieved 2026-10-12; official LRC site, effective March 28, 2023)

(1)(b) "Federal ban" means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 21, 2021, that infringes upon, calls into question, prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, ammunition, or firearm accessory;

(2) No law enforcement agency, law enforcement officer, [...] public agency, public official, [...] or employee of a local government shall enforce, assist in the enforcement of, or otherwise cooperate in the enforcement of a federal ban on firearms, ammunition, or firearm accessories [...]

(5) [...] An offense under this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense.

KRS 237.152 — No registries of privately owned firearms

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=54… (retrieved 2026-10-12; official LRC site, effective July 15, 2024)

(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency [...] or at any other time, knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of the firearms, except for those records kept during the regular course of a criminal investigation and prosecution or as otherwise required by law.

KRS 65.870 — Local firearms control ordinances prohibited

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=40… (retrieved 2026-10-12; official LRC site, effective July 12, 2012)

(1) No existing or future city, county, urban-county government, charter county, consolidated local government, unified local government, special district, local or regional public or quasi-public agency, board, commission, department, public corporation, or any person acting under the authority of any of these organizations may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof.

(2) Any existing or future ordinance, [...] or any other form of executive or legislative action in violation of this section or the spirit thereof is hereby declared null, void, and unenforceable.

Related provisions

  • Preemption: KRS 65.870 (local governments may not regulate firearms, components, accessories). 2026 RS HB 316 would repeal and reenact it to allow local firearms ordinances; its last action is 01/20/26, to Local Government (H) (apps.legislature.ky.gov/record/26RS/hb316.html).
  • Registry ban: KRS 237.152 (no state or local list of privately owned firearms or owners).
  • Anti-commandeering: KRS 237.105 (no state or local cooperation in post-2021 federal bans or registration requirements on firearms or accessories).
  • Hunting with suppressors: I found no provision on silencers or suppressors in KRS Chapter 150 or in 301 KAR Chapter 2 (the Department of Fish and Wildlife Resources hunting regulations), which I searched for "silencer," "suppressor" and "muffler." KRS 150.362 (taking wildlife while under the influence) is the only firearm-specific hunting provision I saw, and it says nothing about suppressors.
  • Made-in-state suppressor law: none enacted. 2025 RS HB 686 (Second Amendment Restoration Act, Made in Kentucky suppressors) died in committee (apps.legislature.ky.gov/record/25RS/hb686.html, last action 02/26/25 referred to House Judiciary). HB 667 (2025), a similar bill, also stalled (apps.legislature.ky.gov/record/25RS/hb667.html, last action 02/26/25 to Judiciary (H)).
  • State assault-weapon law: none found.

Post-ruling guidance and recent legislation

  • No Kentucky AG, State Police or agency statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Kentucky law).
  • No 2025-2026 amendment of the NFA-relevant provisions found.
  • Sept. 4, 2026: Kentucky's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Kentucky law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Louisiana

Suppressors: Registration or other requirements apply

Short answer for Louisiana: Registration or other requirements apply to suppressors, SBRs and SBSs. The answer for AOWs is unsettled. For AOWs it depends on the item: most are outside Louisiana's definition, which covers rifle- or shotgun-derived weapons under 26 inches overall and a few other listed items.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (must be "registered or transferred in accordance with" Title 18/26 U.S.C.)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (same; "firearm" = rifle with barrel < 16 in., or rifle/shotgun modified to OAL < 26 in.)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (same; shotgun with barrel < 18 in.)Federal registration
AOWUnsettledMostly not within the state definition (only concealable weapons with obliterated serial numbers, grenade launchers, bazookas, rocket launchers, gas grenades, and OAL < 26 in. rifle/shotgun-derived weapons are covered); otherwise UnclearFederal registration (where covered)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear (leans illegal) — R.S. 40:1785 bars possessing any covered "firearm" "which has not been registered or transferred in accordance with Title 18 or Title 26." The NFA statutes remain on the books and ATF's letter is only enforcement discretion, so a literal reading still requires registration/approved transfer. How this wording applies to an unregistered item is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Louisiana, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Louisiana has no ban on suppressors, SBRs or SBSs and no state registry (the state registry/application sections were repealed in 2013). Instead, Part II of Title 40 defines "firearm" to include suppressors (any device diminishing the report of a portable weapon), rifles with barrels under 16 inches, shotguns under 18 inches, rifle/shotgun-derived weapons under 26 inches overall, machine guns, grenade launchers, bazookas, rocket launchers and gas grenades, plus concealable weapons with obliterated serials. R.S. 40:1785 then makes it unlawful to receive, possess, carry, conceal, buy, sell or transport any such firearm "which has not been registered or transferred in accordance with Title 18 or Title 26" of the U.S. Code. This is a registration-type dependency, although it cites federal law generally rather than the NFRTR by name.

My interpretation, not the text: the statute ties the state-law restriction to compliance with the federal registration/transfer rules, and Title 26 (the NFA) has not been repealed. ATF's Oct. 9 letter is non-enforcement discretion, so an unregistered item arguably was not "registered or transferred in accordance with Title 26" and remains within 1785 on a literal reading. How this wording applies to an unregistered item is untested. The phrase "as applicable" adds ambiguity. Penalty: 1 to 5 years and a $500 to $2,000 fine for a first offense; 5 to 10 years at hard labor for subsequent offenses (R.S. 40:1791). AOWs are largely outside the state definition, so the state exposure for them is narrower than for SBR/SBS/suppressors.

Statutory text

La. R.S. 40:1781 — Definitions (Part II, Registration)

Source: legis.la.gov/legis/LawPrint.aspx?d=169763 (retrieved 2026-10-12; shows amendment history through Acts 2023, No. 120, eff. Aug. 1, 2023; no later amendment shown)

(3) "Firearm" means a shotgun having a barrel of less than eighteen inches in length; a rifle having a barrel of less than sixteen inches in length; any weapon made from either a rifle or a shotgun if the weapon has been modified to have an overall length of less than twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition.

[...]

(5) "Machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger. [...] The term shall not include items that are not required to be registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

[...]

(7) "Muffler" or "silencer" includes any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, submachine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive and is not limited to mufflers and silencers for firearms as defined in this Section.

(8) "Transfer" includes the sale, assignment, pledge, lease, loan, gift, or other disposition of any firearm.

La. R.S. 40:1785 — Possession or dealing in unregistered or illegally transferred weapons

Source: legis.la.gov/legis/LawPrint.aspx?d=169767 (retrieved 2026-10-12; amended Acts 2013, No. 398, eff. Aug. 1, 2013)

No person shall receive, possess, carry, conceal, buy, sell, or transport any firearm which has not been registered or transferred in accordance with Title 18 or Title 26 of the United States Code as applicable.

La. R.S. 40:1782 — Exemptions from Part

Source: legis.la.gov/legis/LawPrint.aspx?d=169764 (retrieved 2026-10-12)

This Part does not apply to the following persons and things:

(1) Sheriffs or equivalent municipal officers in municipalities of over ten thousand, when they are acting in their official capacity.

(2) The arms, accoutrements, and equipment of the military and naval forces of the United States or of other officers of the United States authorized by law to possess weapons of any kind.

(3) The arms, accoutrements, and equipment of the militia.

(4) Any firearm which is unserviceable and which is transferred as a curiosity or ornament.

La. R.S. 40:1790 — Rules and regulations; importation of firearms

Source: legis.la.gov/legis/LawPrint.aspx?d=169772 (retrieved 2026-10-12)

The department may prescribe such rules and regulations as are necessary for carrying out the provisions of this Part.

Under regulations prescribed by the department, any firearm may be imported or brought into this state or possessed or transferred when the purpose thereof is shown to be lawful.

La. R.S. 40:1791 — Penalty

Source: legis.la.gov/legis/LawPrint.aspx?d=169773 (retrieved 2026-10-12)

Upon the first violation of any provision of this Part the penalty shall be a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment with or without hard labor for not less than one nor more than five years. For any subsequent violation of this Part the penalty shall be a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment at hard labor for not less than five years nor more than ten years.

La. R.S. 40:1783, 1784, 1786, 1787 — Repealed

Source: legis.la.gov/legis/LawPrint.aspx?d=169765 and ...d=169766 (retrieved 2026-10-12)

Repealed by Acts 2013, No. 398, §2, eff. August 1, 2013.

(These were the former state registration/application provisions; the state's own registry was repealed and replaced by the federal-conformity rule in 1785. 1786 and 1787 also show repeal.)

La. R.S. 56:116.6 — Sound suppressors (hunting)

Source: legis.la.gov/legis/LawPrint.aspx?d=920665 (retrieved 2026-10-12; history shows Acts 2014, No. 229 and No. 378; no later amendment shown)

Any person who is authorized to possess a firearm sound suppressor, as evidenced by payment and possession of the required federal tax stamp issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives, may use a firearm fitted with a sound suppressor when taking game birds, wild quadrupeds, outlaw quadrupeds, nutria, or beaver as provided by R.S. 56:116.1. Any person who has been convicted of a class four or greater hunting violation for a period of five years after the date of such conviction shall not use a firearm fitted with a sound suppressor pursuant to this Section. Possession or use of a sound suppressor by a person other than as permitted by this Section shall be considered in violation of this Section and shall be punished as a class six violation in accordance with the provisions of R.S. 56:36.

Note: this is a registration-type test ("payment and possession of the required federal tax stamp"). With the $0 tax, "payment" and "required" stamp are awkward for unregistered or $0 items; hunting use by an unregistered suppressor is outside the permission and a class six wildlife violation.

Related provisions

  • R.S. 40:1788: manufacturers/importers/dealers must mark firearms; R.S. 40:1792: possession of firearms with obliterated serial numbers (felony, 5 years).
  • Hunting with suppressors permitted only for persons with the federal tax stamp (R.S. 56:116.6); class six violation otherwise.
  • No separate state assault-weapon law found.
  • Federal-law cross-reference of "firearm" in 1781(5): the state machine-gun definition excludes items "not required to be registered in the NFRTR".

Post-ruling guidance and recent legislation

  • No Louisiana AG or State Police statement specific to the Aug. 5 ruling or the Oct. 9 letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Louisiana law).
  • Last amendment shown on 40:1781: Acts 2023, No. 120. The page history for 40:1785 shows no 2025-2026 amendment.
  • Sept. 4, 2026: Louisiana's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Louisiana law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Case law and AG opinions

  • United States v. Comeaux, No. 24-30307 (5th Cir. June 18, 2026) — ca5.uscourts.gov/opinions/pub/24/24-30307-CR0.pdf. Affirmed a conviction of a Louisiana defendant under 26 U.S.C. 5861(d) for unregistered silencers, holding (via United States v. Peterson, 161 F.4th 331 (5th Cir. 2025)) that the NFA's shall-issue regime did not violate the Second Amendment. Pre-dates the Aug. 5 injunction and Oct. 9 letter; federal, not an interpretation of R.S. 40:1785, but shows the Fifth Circuit treats NFA registration as valid law.

Net effect: Comeaux is a federal case and does not interpret R.S. 40:1785, so the literal-text reading (leans illegal for unregistered items) is unchanged; it modestly confirms the NFA registration regime remains enforceable law in the Fifth Circuit.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Maine

Suppressors: No item-specific restriction found

Short answer for Maine: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (hunting permit requirement repealed 2021)None needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — Maine has no statute found that bans or conditions these items on NFA registration, so the change in federal enforcement does not alter state-law status. Federal statutes remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Maine that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Based on the text reviewed, I found no separate Maine prohibition on possessing suppressors, SBRs, SBSs or AOWs; no statute with a federal-law or NFA-registration exception applies to these items. Because there is no state prohibition to carve an exception from, the federal-law dependency is none needed, and an item that is unregistered but within ATF's non-enforcement policy is not, on the text found, the subject of a separate state possession prohibition. Maine does tie suppressors to hunting-license consequences: a person convicted of certain listed hunting violations who had a suppressed firearm at the time faces a license suspension of at least 3 years under 12 MRSA § 10902(6-A), so a hunter should treat a suppressor as something that raises the stakes of any listed violation. The 2015 hunting-permit scheme (PL 2015, c. 262, which also addressed chief law enforcement officer sign-off on NFA applications under 25 MRSA § 2013) was repealed as to the permit by PL 2021, c. 112 (LD 635); 12 MRSA § 11161 now reads "(REPEALED)" and § 11214(1)(C) is repealed. Machine guns are criminalized under 17-A § 1051 when possessed "without authority." Maine also bars a government registry of privately owned firearms (25 MRSA § 2014) and preempts local firearm ordinances (25 MRSA § 2011).

Statutory text

17-A MRSA § 1051 — Possession of machine gun

Source: legislature.maine.gov/statutes/17-A/title17-Asec1051.ht… (retrieved 2026-10-12; page data extracted 10/05/2026; history: PL 1975, c. 499, §1 (NEW); RR 2025, c. 2, Pt. F, §69 (COR))

1. A person is guilty of possession of a machine gun if, without authority to do so, that person knowingly possesses a machine gun.

2. As used in this chapter, "machine gun" means a weapon of any description, by whatever name known, loaded or unloaded, which is capable of discharging a number of projectiles in rapid succession by one manual or mechanical action on the trigger or firing mechanism.

3. Possession of a machine gun is a Class D crime.

12 MRSA § 11214 — Unlawful use or possession of implements or aids (hunting)

Source: legislature.maine.gov/statutes/12/title12sec11214.html (retrieved 2026-10-12; page data extracted 10/05/2026; history includes PL 2015, c. 262, §2; PL 2021, c. 112, §3; PL 2023, c. 239, §§26-29; PL 2023, c. 431, §§5-8); excerpted

1. Prohibition. A person may not:

A. Use for hunting or possess for hunting any automatic firearm. This paragraph does not apply to: (1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty.

B. Use for hunting or possess for hunting any autoloading firearm having a magazine capacity of more than 5 cartridges. All autoloading firearms having a magazine capacity in excess of 5 cartridges must have the magazine permanently altered to contain not more than 5 cartridges before the autoloading firearm may be used in this State for hunting. This paragraph does not apply to: (1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty; or (2) Firearms using the .22 caliber rimfire cartridge or smaller caliber cartridge or to any autoloading pistol having a barrel less than 8 inches in length;

C. [PL 2021, c. 112, §3 (RP).]

D. Use for hunting cartridges containing tracer bullets. [...]

E. Use for hunting cartridges containing explosive bullets. [...]

2. Penalty. Except as provided in subsection 1, paragraphs F, I and J, a person who violates subsection 1 commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17-A, section 1704, subsection 5 and Title 17-A, section 1705, subsection 5.

Paragraph C, formerly the suppressor paragraph, is repealed. The section contains no sound-suppression provision.

12 MRSA § 11161 — Noise suppression devices (REPEALED)

Source: legislature.maine.gov/statutes/12/title12sec11161.html (retrieved 2026-10-12; page data extracted 10/05/2026; titled "Noise suppression devices")

(REPEALED)

History as shown: "PL 2015, c. 262, §1 (NEW). PL 2017, c. 366, §1 (AMD). PL 2021, c. 112, §2 (RP)."

12 MRSA § 10902(6-A) — Hunting license suspension where a suppressor is possessed

Source: legislature.maine.gov/statutes/12/title12sec10902.html (retrieved 2026-10-12; page data extracted 10/05/2026; subsection history PL 2021, c. 112, §1 (NEW)); excerpted

6-A. Mandatory hunting license revocation when using a suppressor. The commissioner shall suspend a person's hunting license for at least 3 years if that person is convicted of any violation listed in subsection 6 and found to have been in possession, at the time of the offense, of a firearm with a device used to suppress or deaden the sound or natural report of the firearm.

Subsection 6 lists the underlying violations (for example, closed-season violations as to bear, deer or moose, hunting under the influence, night hunting, and discharging a firearm within 100 yards of a dwelling without owner permission). This is a license consequence for those violations; it does not prohibit possessing a suppressor.

Code review for suppressor, short-barrel and AOW terms

Chapters and titles reviewed: 17-A Ch. 43 "Weapons" (table of contents at legislature.maine.gov/statutes/17-A/title17-Ach43sec0.h…): sections 1051 (machine gun possession), 1052, 1053, 1054 (machine gun exemptions, confiscation, forfeiture), 1055 (dangerous knives, repealed), 1056 (armor-piercing ammunition), 1057 (firearms in liquor establishments), 1058 (courthouse), 1059 (correctional facility or jail), 1060 (undetectable firearms). No section on suppressors, short-barreled or sawed-off firearms, or AOWs. The complete official texts of Title 17-A (legislature.maine.gov/statutes/17-A/title17-A.pdf), Title 25 including ch. 252 and ch. 252-A (legislature.maine.gov/statutes/25/title25.pdf), Title 12 (legislature.maine.gov/statutes/12/title12.pdf) and Title 17 (legislature.maine.gov/statutes/17/title17.pdf) (each generated 10.05.2026) were searched for "silencer", "suppressor", "suppression device", "muffler", "short-barrel", "sawed", "short barrel", "any other weapon" and "assault". The only hits relevant to firearms were 12 MRSA § 2458 ("Silencers; automatics; capacity", repealed), § 11161 (repealed), § 10902(6-A) and § 11214 above. The remaining hits were unrelated (17-A § 909 "automated sales suppression device"; motorboat mufflers). No state assault-weapon definition appeared.

25 MRSA § 2011 — State preemption

Source: legislature.maine.gov/statutes/25/title25sec2011.html (retrieved 2026-10-12; page data extracted 10/05/2026; history ends PL 2011, c. 626, §1 (AMD)); excerpted

1. Preemption. The State intends to occupy and preempt the entire field of legislation concerning the regulation of firearms, components, ammunition and supplies. Except as provided in subsection 3, any existing or future order, ordinance, rule or regulation in this field of any political subdivision of the State is void.

2. Regulation restricted. Except as provided in subsection 3, no political subdivision of the State, including, but not limited to, municipalities, counties, townships and village corporations, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, purchase delay, transfer, ownership, use, possession, bearing, transportation, licensing, permitting, registration, taxation or any other matter pertaining to firearms, components, ammunition or supplies.

3. Exception. This section does not prohibit an order, ordinance, rule or regulation of any political subdivision which, with the exception of appropriate civil penalty provisions, conforms exactly with any applicable provision of state law or which regulates the discharge of firearms within a jurisdiction.

25 MRSA § 2013 — Chief law enforcement officer's certification; certain firearms

Source: legislature.maine.gov/statutes/25/title25sec2013.html (retrieved 2026-10-12; page data extracted 10/05/2026; history PL 2015, c. 262, §3 (NEW)); excerpted

1. Definitions. ... C. "Firearm" has the same meaning as in the National Firearms Act, 26 United States Code, Section 5845(a).

2. Chief law enforcement officer's certification. Within 15 days of receipt of an application for certification, the chief law enforcement officer shall provide the certification unless the chief law enforcement officer has information that prevents the chief law enforcement officer from providing the certification. A. If the chief law enforcement officer denies an application for certification under this section, the chief law enforcement officer shall provide the applicant with a written notification of the denial and the reason for the denial, which may not be based upon a generalized objection to a private person's possessing, making or transferring a firearm or to a certain type of firearm that is otherwise lawful. ...

25 MRSA § 2014 — Government firearms or firearms owners registry prohibited

Source: legislature.maine.gov/statutes/25/title25sec2014.html (retrieved 2026-10-12; page data extracted 10/05/2026; history PL 2017, c. 175, §1 (NEW))

Notwithstanding any other provision of law to the contrary, a government agency of this State or a political subdivision of this State may not keep or cause to be kept a comprehensive registry of privately owned firearms and the owners of those firearms within its jurisdiction.

Related provisions

  • 17-A MRSA § 1051 (machine gun possession).
  • 12 MRSA § 11214 (hunting method restrictions; automatic firearms and autoloaders over 5 rounds banned for hunting).
  • 12 MRSA § 10902(6-A) (3-year hunting license suspension where a suppressor is present during certain violations).
  • 12 MRSA § 11161 repealed by PL 2021, c. 112.
  • 25 MRSA § 2013 (chief law enforcement officer certification for NFA applications).
  • 25 MRSA § 2014 (no government registry of privately owned firearms).
  • Local preemption: 25 MRSA § 2011.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Maryland

Suppressors: No item-specific restriction found

Short answer for Maryland: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. Registration or other requirements apply to SBRs and SBSs.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (no state statute found restricting possession, sale, or making; the only suppressor reference in the code sections I reviewed is a sentence enhancement, Crim. Law § 5-621(d))None needed
SBRRegistration or other requirements applyRestricted, with an exception (only if registered with the federal government, Pub. Safety § 5-203); otherwise a misdemeanor. Also: barrel under 16 in = "handgun" = "regulated firearm" (HQL, waiting period, sale/transfer rules); semi-auto centerfire SBRs under 29 in overall length are banned "copycat weapons"Federal registration (§ 5-203) plus state permit (HQL / regulated-firearm scheme); banned for semi-auto centerfire under 29 in
SBSRegistration or other requirements applyRestricted, with an exception (only if registered with the federal government, Pub. Safety § 5-203); otherwise a misdemeanor. Also: treated as a "handgun" for the carry/transport statute (§ 4-203); regulated-firearm scheme applies only if barrel under 16 in; certain semi-auto/folding-stock/revolving shotguns banned as copycat weaponsFederal registration (§ 5-203) plus state permit / none needed
AOWNo item-specific restriction foundNo separate state treatment found; regulated as an ordinary firearm, or a "handgun" if barrel under 16 in (smooth-bore pistol/concealable).None needed (HQL if under 16 in barrel)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal for SBRs and SBSs (Pub. Safety § 5-203 bars possession unless "registered with the federal government in accordance with federal law", with the burden of proving registration on the defendant); No state restriction found for suppressors; AOWs not separately regulated. Unregistered SBR/SBS possession is a state misdemeanor (up to 5 years / $5,000) regardless of ATF's non-enforcement policy. Maryland's handgun/regulated-firearm and assault-weapon (copycat) rules also apply regardless of NFA status.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Maryland, federal registration is a stated condition of the exception for SBRs and SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

The only statutory use of "silencer" that I found is the sentence enhancement in Crim. Law § 5-621(d), which applies only when a firearm is used in a drug trafficking crime. I found no state law that restricts possessing, buying, or making a suppressor, so suppressors are not dependent on federal registration. SBRs and SBSs are directly regulated by Pub. Safety § 5-203: possession is prohibited unless the person is on listed official business or the item "has been registered with the federal government in accordance with federal law" (a registration-type exception), and the defendant bears the burden of proving lawful registration (subsection (b)). The text says nothing about federal enforcement discretion. My interpretation: an SBR/SBS that is not on the NFRTR (e.g. made or transferred after Oct. 9, 2026 without a Form 1/4) cannot satisfy (a)(2), and ATF's non-enforcement policy does not change that. Items already registered before the letter remain within the exception. Separately, SBRs and SBSs are handled indirectly through the handgun rules. A rifle with a barrel under 16 in is a "handgun" under Pub. Safety § 5-101(n), hence a "regulated firearm": buyers need a handgun qualification license, and transfers go through the regulated-firearm process, with a 7-day wait after the firearm application (Pub. Safety §§ 5-123 and 5-124). Crim. Law § 4-201(c)(2) expressly classes SBRs and SBSs as handguns for the carry/transport ban, so they can only be moved under the § 4-203(b) exceptions or a carry permit. The assault-weapon ban (§ 4-303) independently catches semi-auto centerfire rifles under 29 inches overall length, which covers most SBRs, with no exception for NFA-registered items. Apart from § 5-203, none of these provisions is conditioned on NFA registration, tax stamp, or federal lawfulness; the only other federal-law references are in the antique/curio/relic exemption and general "not otherwise prohibited under State or federal law" disqualifier language in § 5-117.1(c)(2). For suppressors, ATF's non-enforcement policy neither creates nor removes Maryland liability. Penalties: § 5-203 up to 5 years/$5,000; § 4-203 up to 5 years; § 4-303 up to 3 years/$5,000; § 5-144 misdemeanor up to 5 years/$10,000. A semi-auto centerfire rifle under 29 inches that was not possessed or on order before October 1, 2013 does not fit the grandfathering in § 4-303(b)(3), so I would treat acquiring one in Maryland as barred by § 4-303 whatever its NFA status.

Statutory text

Md. Code, Crim. Law § 4-201 — Definitions (handgun, SBR, SBS)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(c) (1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.

(2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.

(3) "Handgun" does not include a shotgun, rifle, or antique firearm.

[...]

(f) "Short-barreled rifle" means:

(1) a rifle that has one or more barrels less than 16 inches long; or

(2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.

(g) "Short-barreled shotgun" means:

(1) a shotgun that has one or more barrels less than 18 inches long; or

(2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.

Md. Code, Crim. Law § 4-203 — Wearing, carrying, transporting handgun (excerpt)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12)

(a) (1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

[...]

(b) This section does not prohibit: [...] (3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster; [...]

(c) (1) A person who violates this section is guilty of a misdemeanor [...] (2) [...] not less than 30 days and not exceeding 5 years or a fine of not less than $250 and not exceeding $2,500 or both [...]

Md. Code, Pub. Safety §§ 5-201 and 5-202 — Subtitle definitions and exclusions

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

§ 5-201 (g) "Short-barreled rifle" has the meaning stated in § 4-201 of the Criminal Law Article.

§ 5-201 (h) "Short-barreled shotgun" has the meaning stated in § 4-201 of the Criminal Law Article.

§ 5-202 This subtitle does not apply to a short-barreled rifle or short-barreled shotgun that is:

(1) an antique firearm as defined in § 4-201 of the Criminal Law Article;

(2) a device designed or redesigned for use other than as a weapon;

(3) a device designed or redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or

(4) a firearm that cannot:

(i) discharge a projectile by an explosive; and

(ii) be readily restored to a firing condition.

The rest of Subtitle 2 of Title 5 (§§ 5-204 to 5-206: adjacent-state purchase of rifles and shotguns, and persons prohibited from possessing a rifle or shotgun) does not mention suppressors, short-barreled firearms, or the NFA.

Md. Code, Pub. Safety § 5-203 — Short-barreled rifles and shotguns (federal registration exception)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(a) A person may not possess a short–barreled rifle or short–barreled shotgun unless:

(1) the person, while on official business is: (i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State; (ii) a member of the armed forces or the National Guard while on duty or traveling to or from duty; (iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State; (iv) a warden or correctional officer of a correctional facility in the State; or (v) a sheriff or a temporary or full–time deputy sheriff; or

(2) the short–barreled shotgun or short–barreled rifle has been registered with the federal government in accordance with federal law.

(b) In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Md. Code, Pub. Safety § 5-101 — Definitions (handgun, regulated firearm)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12)

(n) (1) "Handgun" means a firearm with a barrel less than 16 inches in length.

(2) "Handgun" includes signal, starter, and blank pistols.

[...]

(r) "Regulated firearm" means:

(1) a handgun; or

(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon: [...]

Md. Code, Pub. Safety § 5-117.1(b) — Handgun qualification license

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12)

(b) A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.

(Exemptions in (a) include antique, curio, or relic firearms "as defined in federal law"; not relevant to NFA registration.)

Md. Code, Pub. Safety § 5-133(a) — Regulated firearm possession; preemption

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12)

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

Md. Code, Crim. Law § 4-301 — Assault weapons definitions (excerpt)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(h) (1) "Copycat weapon" means:

(i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following: 1. a folding stock; 2. a grenade launcher or flare launcher; or 3. a flash suppressor;

(ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;

(iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;

(iv) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;

(v) a semiautomatic shotgun that has a folding stock; or

(vi) a shotgun with a revolving cylinder.

[...]

(j) "Flash suppressor" means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision.

Md. Code, Crim. Law § 4-303(a) — Assault weapons prohibition

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(a) Except as provided in subsection (b) of this section, a person may not:

(1) transport an assault weapon into the State; or

(2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.

Exceptions in (b) cover assault pistols lawfully possessed before June 1, 1994 and registered before August 1, 1994; a licensed dealer's inventory lawfully possessed on or before October 1, 2013; a person who "lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013"; transport to or from a ballistics testing laboratory; and court-ordered surrender. None refers to the NFA or federal law. Section 4-302 separately excludes official personnel acting in the scope of official business, firearms "modified to render it permanently inoperative", certain licensed dealers and manufacturers, inheritance, and retired law enforcement officers.

Md. Code, Crim. Law § 4-306(a) — Assault weapons penalty

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(a) Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Md. Code, Crim. Law § 5-621(d) — Firearm silencer (sentence enhancement in drug trafficking crimes)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(d) (1) (i) In this subsection, "firearm silencer" means a device that is designed for silencing, muffling, or diminishing the report of a firearm.

(ii) "Firearm silencer" includes a combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler.

(2) A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is: [...] (iii) equipped with a firearm silencer.

This applies only to a firearm used during and in relation to a drug trafficking crime. It does not by its terms prohibit possessing, buying, or making a suppressor.

Md. Code, Crim. Law §§ 4-401 to 4-404 — Machine guns

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(c) (1) A person who acquires a machine gun shall register the machine gun with the Secretary of State Police: (i) within 24 hours after acquiring the machine gun; and (ii) in each succeeding year during the month of May.

§ 4-404: use/possession in a crime of violence is a felony, up to 20 years.

Related provisions

  • Preemption: Pub. Safety § 5-133(a), § 5-134(a) preempt local regulation of possession/transfer of regulated firearms.
  • No Maryland Firearms Freedom Act identified.
  • Provisions reviewed for suppressors, silencers, mufflers, sawed-off and short-barreled terms: Criminal Law Title 4 in full (Subtitle 1, §§ 4-101 to 4-111; Subtitle 2, §§ 4-201 to 4-209; Subtitle 3, §§ 4-301 to 4-306; Subtitle 4, §§ 4-401 to 4-407; Subtitle 5, §§ 4-501 to 4-503), Criminal Law § 5-621, Public Safety Title 5 Subtitle 1 (§§ 5-101 to 5-150), Subtitle 2 (§§ 5-201 to 5-206) and Subtitle 3 (§§ 5-301 to 5-312), and Natural Resources §§ 10-401 to 10-420 (hunting). Only § 5-621(d) uses the word "silencer"; none of the others uses "suppressor", "muffler" or "sawed-off".
  • Hunting with a suppressor: I found no provision in COMAR Title 08, Subtitle 03 (Wildlife), Chapters 01 to 12, that permits or prohibits suppressors for ordinary hunting, and none that conditions suppressor use on federal registration. The only mentions are in the Deer Cooperator License regulation, which says its requirements "are in addition to any requirements imposed by any other agency of State, federal, or local government relating to the: [...] (2) Possession of firearms, ammunition, optics, and suppressors" and requires an operational plan to list "Additional equipment, including, but not limited to, night vision, suppressors including brand name, spotlights, or trapping equipment." That regulation covers licensed deer-cooperator operations, not general hunting. Source: regs.maryland.gov/us/md/exec/comar/08.03.09.11 (retrieved 2026-10-12; Library of Maryland Regulations; current regulation text, no amendment note shown on page).
  • Flash suppressor definition (§ 4-301(j)): the definition turns on what a device does. A sound suppressor is not automatically outside it, so the device and the firearm it is attached to need separate assessment.

Post-ruling guidance and recent legislation

  • Maryland AG / State Police statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter: None found as of 2026-10-12.
  • 2025 amendment: Chapter 261 of the 2025 Laws of Maryland (Senate Bill 280, effective Oct. 1, 2025) changed the official-duty exception in § 5-203(a)(1)(ii) from "a member of the armed forces of the United States or the National Guard" to "a member of the armed forces or the National Guard." It did not change the civilian registration exception. Source: mgaleg.maryland.gov/2025rs/Chapters_noln/CH_261_sb0280t… (retrieved 2026-10-13)
  • Bills: No 2024, 2025 or 2026 Regular Session bill that mentions a silencer, suppressor, short-barreled rifle or shotgun, assault weapon, or copycat weapon in its title or synopsis appears in the General Assembly's bill master list. Source: mgaleg.maryland.gov/2026rs/misc/billsmasterlist/BillMas… (retrieved 2026-10-12; status current as of 10/12/2026 2:47:21 PM)

Case law and AG opinions

Wimbish v. State, 201 Md. App. 239, 29 A.3d 635 (Md. Ct. Spec. App. 2011), discusses § 5-203 in a sentencing context. Source: static.case.law/md-app/201/cases/0239-01.json (retrieved 2026-10-12; decided 2011-09-29)

  • The defendant was convicted of possessing a short-barreled shotgun under § 5-203 and of regulated-firearm offenses under § 5-133, each with a consecutive five-year sentence. The court held the § 5-203 conviction did not merge with the § 5-133(c) conviction: "§ 5-133(c) requires proof of a fact that § 5-203 does not, that is, a prior conviction for a crime of violence, and § 5-203 requires proof of a fact that § 5-133 does not, that is, that the gun possessed was a short-barreled shotgun."
  • On the purpose of § 5-203, the court wrote that "since at least 1976, the General Assembly has been particularly concerned with short-barreled shotguns and short-barreled rifles, weapons that, like pistols or revolvers, pose a unique threat because they may be easily concealed," and that the offense "is directed at preventing all people (or at least all members of the public) from possessing a certain type of uniquely dangerous weapon, regardless of criminal history."
  • In a footnote the court describes the exception and the burden: "Subsection (a)(2) provides that the provision does not apply if the short-barreled shotgun 'has been registered with the federal government in accordance with federal law.' Under subsection (b), the burden of proving such lawful registration is on the defendant."

The opinion does not interpret the phrase "in accordance with federal law" and says nothing about an item that is unregistered.

Net effect: Wimbish repeats the text of the exception and the burden rule and does nothing to soften the "registered with the federal government" wording; on its face that wording hurts anyone holding an SBR/SBS that is not on the NFRTR, and the defendant carries the burden of proving registration.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Massachusetts

Suppressors: Prohibited under state law

Short answer for Massachusetts: The answer for SBRs and AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors and SBSs. For SBRs and AOWs no statute names them, but Massachusetts firearm licensing applies and the assault-style firearm law can reach them, so it depends on the item.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned for civilians (felony); exceptions only for federally licensed manufacturers (sales to law enforcement/MPTC) and on-duty authorized officersBanned
SBRUnsettledNot named in any statute. Probably treated as an ordinary "firearm" (requires LTC/FID-level licensing, subject to the MA assault-style-firearm ban if it has the listed features). No NFA-based carve-out and no NFA-based prohibition.None needed (no federal-law hook; but see assault-style firearm / licensing)
SBSProhibited under state lawBanned as a "sawed-off shotgun" (barrel under 18" or overall length under 26"); life-max felony; no federal-law exceptionBanned
AOWUnsettledNot named. Smoothbore pistols, pen guns etc. fall within "firearm" definition and general licensing; no NFA-based hook.None needed (general licensing applies)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal — Massachusetts bans suppressors and sawed-off shotguns with no exception keyed to federal registration or compliance, so ATF's non-enforcement changes nothing under state law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors and SBSs in Massachusetts: the restriction there applies whether or not the item is federally registered. For SBRs and AOWs, the open question is the state assault-weapon law, which federal registration does not answer; see the short answer above.

Analysis

Suppressors: c.269 s.10A makes it a crime for anyone except a federally licensed manufacturer (selling to law enforcement/MPTC) or an on-duty authorized officer to sell, give, use or possess a silencer or its parts. The only "federal" reference is the licensed-manufacturer carve-out (an FFL status, not NFA registration or tax payment). There is no exception for NFA-registered civilians. Penalty: up to 5 years state prison or 2.5 years jail; forfeiture and destruction.

SBS: c.269 s.10(c) makes owning, possessing or carrying a "sawed-off shotgun" (barrel under 18" or overall under 26") a crime punishable by up to life in state prison (subject to the paragraph (a) mandatory minimum, which I did not quote). The only qualifier is "except as provided by law" and no federal-compliance exception appears in the text.

SBR and AOW: no Massachusetts statute I found names SBRs or AOWs. My reading is that they are "firearms" under s.121 and need ordinary licensing; an SBR with the listed features may also be an "assault-style firearm" (banned for sale/possession by non-grandfathered civilians). The "rifle" definition's 16" floor means a sub-16" rifle may not be a "rifle" but is still a "firearm" by the designed-to-expel language. This is interpretation, not statute text.

Because no relevant exception keys off NFA registration or federal lawfulness, ATF's Oct. 9 policy does not alter state exposure. Note c.269 s.10 and s.10A are felonies with serious penalties.

Statutory text

M.G.L. c. 269, § 10A — Selling, giving or using silencers; confiscation and destruction

Source: malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapte… (retrieved 2026-10-12; no amendment notice seen)

Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police, who sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm, including any combination of parts designed or redesigned and intended for use in assembling or fabricating any such instrument, attachment, weapon or appliance and any part intended only for use in such assembly or fabrication, shall be punished by imprisonment for not more than five years in state prison or for not more than two and one-half years in a jail or house of correction. Nothing contained herein shall be construed to prohibit a federally licensed firearms manufacturer from selling such instrument, attachment, weapon, appliance or parts to authorized law enforcement agencies for law enforcement purposes or to the municipal police training committee for law enforcement training. Upon conviction of a violation of this section, the instrument, attachment or other article shall be confiscated by the commonwealth and forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall destroy said article.

M.G.L. c. 269, § 10(c) — Machine guns, sawed-off shotguns

Source: malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapte… (retrieved 2026-10-12)

(c) Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without permission under section one hundred and thirty-one of said chapter one hundred and forty; or whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, automatic part, bump stock, rapid-fire trigger activator or trigger modifier, as those terms are defined in said section one hundred and twenty-one of said chapter one hundred and forty, shall be punished by imprisonment in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a). [...]

(d) Whoever, after having been convicted of any of the offenses set forth in paragraph (a), (b) or (c) commits a like offense or any other of the said offenses, shall be punished by imprisonment in the state prison for not less than five years nor more than seven years; [...]

M.G.L. c. 140, § 121 — Definitions (excerpts)

Source: malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapte… (retrieved 2026-10-12)

''Firearm'', a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet; the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm; provided, however, that ''firearm'' shall not include any antique firearm or permanently inoperable firearm.

''Sawed-off shotgun'', any firearm made from a shotgun, whether by alteration, modification or otherwise, if such firearm as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches.

''Machine gun'', a firearm, loaded or unloaded, which may automatically discharge more than 1 shot by a continuous activation of the trigger, whether originally manufactured as such or modified by automatic conversion, [...]

''Rifle'', a firearm having a rifled bore with a barrel length equal to or greater than 16 inches and capable of discharging a shot or bullet for each pull of the trigger.

''Shotgun'', a firearm having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet for each pull of the trigger.

''Assault-style firearm'', any firearm which is: (a) a semiautomatic, centerfire rifle with the capacity to accept a detachable feeding device and includes at least 2 of the following features: (i) a folding or telescopic stock; (ii) a thumbhole stock or pistol grip; (iii) a forward grip [...]; (iv) a threaded barrel designed to accommodate a flash suppressor or muzzle break or similar feature; or (v) a shroud [...]. (b) a semiautomatic pistol with the capacity to accept a detachable feeding device and includes at least 2 of the following features: [...] (iii) a threaded barrel capable of accepting a flash suppressor, forward handgrip or silencer; [...] (c) a semiautomatic shotgun that includes at least 2 of the following features: [...] [...]

(The (d)-(g) clauses on roster, named models and exclusions were omitted with [...].) Note the gap: a firearm with a rifled bore and barrel under 16 inches is not a "rifle" or "shotgun" as defined, but remains a "firearm" (designed to expel a shot or bullet) and is not a "sawed-off shotgun" unless made from a shotgun.

M.G.L. c. 140, § 131(f) — Machine gun license

Source: malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapte… (retrieved 2026-10-12)

(f) No person shall be issued a license to carry a machine gun in the commonwealth, except that a licensing authority may issue a machine gun license to: (i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel; or (ii) a bona fide collector of firearms as defined in section 121 upon application or upon application for renewal of such license. Clauses (i) and (ii) of this paragraph shall not apply to automatic devices or automatic parts.

M.G.L. c. 269, § 10(a) — unlicensed possession of a firearm (excerpt)

Source: malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapte… (retrieved 2026-10-12)

(a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either: (1) being present in or on his residence or place of business; or (2) having in effect a license to carry firearms issued under section one hundred and thirty-one [...] shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended [...]

Related provisions

  • c.140 s.121 "assault-style firearm" definition includes threaded-barrel features (flash suppressor/silencer), as quoted above.
  • Hunting with a suppressor: not permitted (suppressors banned).
  • No Firearms Freedom Act / made-in-state suppressor law found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for Massachusetts AG, State Police or EOPSS on the Aug. 5 ruling or Oct. 9 ATF letter.
  • Legislation 2025-2026 amending c.269 s.10/10A: none found.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Michigan

Suppressors: Registration or other requirements apply

Short answer for Michigan: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyBanned unless the person is "licensed by the secretary of the treasury" to possess it (felony otherwise)Federal registration (federal license/approval; wording is "licensed", not "registered")
SBRUnsettledBanned unless "lawfully made, manufactured, transferred, or possessed under federal law"; carry-copy-of-federal-registration rule for items over 26 in.Federal compliance (with registration-flavored duties in subsecs. (4)-(5))
SBSUnsettledSame as SBRFederal compliance (same caveats)
AOWNo item-specific restriction foundNo Michigan statute specifically restricting AOWs found (not covered by 750.224/224b; a concealable AOW that is a "pistol" falls under ordinary pistol licensing/registration)None needed (beyond general firearm licensing)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear. SBR/SBS: the exception is "lawfully ... possessed under federal law", which one reading would let an unregistered item satisfy if federal enforcement is waived, while the other reading is that the NFA statutes are not repealed, so the item is still not "lawful under federal law"; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Suppressors: the exception requires a person "licensed by the secretary of the treasury," which an unregistered owner does not obviously have, so the risk is higher.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Michigan's suppressor exception requires federal licensing or approval under the Attorney General's 2011 interpretation; ATF's non-enforcement policy does not itself provide that approval.

Analysis

Michigan flatly prohibits manufacture, sale and possession of any "muffler or silencer" (including parts) and of SBRs/SBSs, each a felony (up to 5 years, fine up to $2,500). Each has a federal-law carve-out, but the wordings differ. For suppressors, the text (MCL 750.224(3)(c)) exempts "a person licensed by the secretary of the treasury ... to manufacture, sell, or possess" them. It does not literally say "registered," and a 2011 Michigan AG opinion read it to cover persons licensed or approved by ATF. For SBRs/SBSs, MCL 750.224b(3) exempts items "lawfully made, manufactured, transferred, or possessed under federal law" (a federal compliance phrasing), but subsections (4)-(5) add state pistol-license compliance for items 26 in. or shorter and a duty to carry a copy of the "federal registration" for longer ones, and subsection (7) puts the burden of proving the exception on the defendant (MCL 776.20). My interpretation: after the ATF letter, how this wording applies to an unregistered SBR/SBS is untested. The NFA statutes remain on the books and only enforcement discretion changed, so the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Subsection (5) failure to produce registration is a $100 civil infraction with seizure and possible forfeiture. Suppressor possession without a Treasury license looks more exposed. No AOW-specific Michigan statute was found. These are readings of text, not legal conclusions.

Statutory text

MCL 750.224 — Machine guns, silencers, etc.

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-750-224 (retrieved 2026-10-12; page states "Michigan Compiled Laws Complete Through PA 103 of 2026")

(1) A person shall not manufacture, sell, offer for sale, or possess any of the following:

(a) A machine gun or firearm that shoots or is designed to shoot automatically more than 1 shot without manual reloading, by a single function of the trigger.

(b) A muffler or silencer.

(c) A bomb or bombshell.

[...]

(2) A person who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to any of the following:

(a) A self-defense spray or foam device as defined in section 224d.

(b) A person manufacturing firearms, explosives, or munitions of war by virtue of a contract with a department of the government of the United States.

(c) A person licensed by the secretary of the treasury of the United States or the secretary's delegate to manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance described in subsection (1).

(4) As used in this chapter, "muffler" or "silencer" means 1 or more of the following:

(a) A device for muffling, silencing, or deadening the report of a firearm.

(b) A combination of parts, designed or redesigned, and intended for use in assembling or fabricating a muffler or silencer.

(c) A part, designed or redesigned, and intended only for use in assembling or fabricating a muffler or silencer.

MCL 750.224b — Short-barreled shotguns and rifles

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-750-224b (retrieved 2026-10-12; complete through PA 103 of 2026)

(1) A person shall not make, manufacture, transfer, or possess a short-barreled shotgun or a short-barreled rifle.

(2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law.

(4) A person, excluding a manufacturer, lawfully making, transferring, or possessing a short-barreled shotgun or short-barreled rifle that is 26 inches or less in length under this section shall comply with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.

(5) A person who possesses a short-barreled shotgun or short-barreled rifle that is greater than 26 inches in length under this section shall possess a copy of the federal registration of that short-barreled shotgun or short-barreled rifle while transporting or using that short-barreled shotgun or short-barreled rifle and shall present that federal registration to a peace officer upon request by that peace officer.

(6) A person who violates subsection (5) is responsible for a state civil infraction and may be fined not more than $100.00. A short-barreled shotgun or short-barreled rifle carried in violation of subsection (5) is subject to immediate seizure by a peace officer. [...] If the person does not display the federal registration within the 45-day period, the short-barreled shotgun or short-barreled rifle is subject to seizure and forfeiture [...] under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.

(7) Section 20 of chapter XVI of the code of criminal procedure, 1927 PA 175, MCL 776.20, applies to subsection (3).

MCL 750.222 — Definitions (excerpt)

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-750-222 (retrieved 2026-10-12; complete through PA 103 of 2026)

(k) "Short-barreled rifle" means a rifle having 1 or more barrels less than 16 inches in length or a weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches.

(l) "Short-barreled shotgun" means a shotgun having 1 or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches.

MCL 776.20 — Burden of establishing exception

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-776-20 (retrieved 2026-10-12)

In any prosecution for the violation of any acts of the state relative to use, licensing and possession of pistols or firearms, the burden of establishing any exception, excuse, proviso or exemption contained in any such act shall be upon the defendant but this does not shift the burden of proof for the violation.

MCL 28.422 — License to purchase/possess pistols and purchase firearms (excerpt only)

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-28-422 (retrieved 2026-10-12)

(1) Except as otherwise provided in this act, a person shall not do either of the following:

(a) Purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.

(b) Purchase a firearm that is not a pistol in this state without first having obtained a license for the firearm as prescribed in this section. [...]

MCL 28.422a — Persons not required to obtain a purchase license (excerpt)

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-28-422a (retrieved 2026-10-12; complete through PA 103 of 2026)

Sec. 2a. (1) The following individuals are not required to obtain a license under section 2 to purchase, carry, possess, use, or transport a firearm: [...] (d) An individual purchasing a firearm other than a pistol who has a federal national instant criminal background check performed on the individual by a federally licensed firearms dealer not more than 5 days before the purchase. [...]

(Mechanics of the rest of the section were not quoted. This is the licensing/record route 750.224b(4) points to for items 26 in. or shorter.)

MCL 123.1102 — Local preemption

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-123-1102 (retrieved 2026-10-12)

Sec. 2. A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

Related provisions

  • No hunting-with-suppressor allowance found.
  • No Michigan Firearms Freedom Act suppressor law found.
  • MCL 123.1102 (state preemption of local firearm regulation).

Post-ruling guidance and recent legislation

  • No Michigan AG or State Police statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter found as of 2026-10-12.
  • Legislation amending 750.224/224b in 2025-2026: none found as of 2026-10-12 (statute history on legislature.mi.gov shows last amendments 2006 and 2014; page current through PA 103 of 2026).

Case law and AG opinions

  • Mich. Att'y Gen. Op. No. 7260 (Sept. 2, 2011) — guntrustlawyer.com/files/2015/02/MI7260.pdf. Syllabus: "The possession, manufacture, or sale of a firearm silencer is permitted in Michigan under MCL 750.224(1)(b) if the person is licensed or approved to possess, manufacture, or sell such a device by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, as required by MCL 750.224(3)(c). Possession, manufacture, or sale of a firearm silencer by an unlicensed or unapproved person is a felony, punishable by up to five years imprisonment under MCL 750.224(2)." The opinion ties the "license" to the NFA application/approval process. It hurts an unregistered suppressor owner: the AG reads the exception as requiring federal licensing or approval; ATF continues to accept applications, but its non-enforcement policy does not itself provide that approval. (Opinions are persuasive, not binding on courts.)

Net effect: For suppressors, the AG reads the exception as requiring federal licensing or approval. The opinion does not address the SBR/SBS wording, "lawfully ... under federal law"; the text-based uncertainty remains, with the burden on the defendant (MCL 776.20).

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Minnesota

Suppressors: Unsettled

Short answer for Minnesota: I found no item-specific state restriction on possessing SBRs or AOWs; general firearm laws still apply. The answer for suppressors is unsettled. On the text, state law bars ordinary civilian possession of SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (felony to sell/possess only if "not lawfully possessed under federal law")Federal compliance
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSProhibited under state lawBanned for ordinary civilians (felony; narrow BCA collector/relic and government/dealer exceptions)Banned
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for suppressors; No state restriction found for SBRs/AOWs; Clear-illegal for SBSs. The suppressor offense turns on "not lawfully possessed under federal law," and whether an unregistered suppressor within ATF's non-enforcement policy is "lawfully possessed" is untested; the cautious assumption is that the exception may not cover an unregistered suppressor until a court or the state attorney general says otherwise. SBS ban has no federal-law exception.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Minnesota, the exception for suppressors turns on federal compliance, so a registered item is the one that most plainly fits the wording. Registration does not help with SBSs in Minnesota: the restriction there applies whether or not the item is federally registered.

Analysis

Minnesota restricts suppressors only through the 609.66 clause making it a crime to sell or possess a suppressor "not lawfully possessed under federal law." This is a federal compliance exception; it does not name registration or the NFRTR. How this wording applies to an unregistered item is untested. The NFA statutes remain on the books and the ATF letter is only enforcement discretion, so the item is still unlawful in law though not prosecuted. That is interpretation, not text; the point is untested, and the cautious assumption is that the exception may not cover an unregistered suppressor until a court or the state attorney general says otherwise. Penalty: a felony, up to 2 years/$5,000 (5 years/$10,000 in public housing, school or park zones).

Short-barreled shotguns are a separate matter. Section 609.67 makes SBS possession a felony (5 years/$10,000) with no exception keyed to NFA registration or federal lawfulness. From the statute text, a federally registered SBS is still banned for ordinary civilians; only the BCA collector/relic and government/dealer exceptions apply. Federal enforcement changes do not help.

Section 609.67 bans only short-barreled shotguns, not SBRs or AOWs. No other Minnesota provision restricting them was found. Minnesota's 2023-2024 amendments added trigger activator provisions.

Statutory text

Minn. Stat. § 609.66, subd. 1a, subd. 2 — Felony crimes; suppressors

Source: revisor.mn.gov/statutes/cite/609.66 (retrieved 2026-10-12; "2025 Minnesota Statutes"; history lists latest amendment 2024 c 115 art 16 s 41; 2026 session changes not shown)

Subd. 1a. Felony crimes; suppressors; reckless discharge.

(a) Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession a suppressor that is not lawfully possessed under federal law;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3), and was committed in a public housing zone, [...] a school zone, [...] or a park zone, [...] to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

(c) As used in this subdivision, "suppressor" means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

Subd. 2. Exceptions. Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.

Minn. Stat. § 609.67 — Machine guns and short-barreled shotguns

Source: revisor.mn.gov/statutes/cite/609.67 (retrieved 2026-10-12; "2025 Minnesota Statutes"; latest amendment 2024 c 127 art 36 s 2)

Subd. 1(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if such weapon as modified has an overall length less than 26 inches.

Subd. 2. (a) Except as otherwise provided herein, whoever owns, possesses, or operates a machine gun, or any trigger activator or machine gun conversion kit may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.

(b) Except as otherwise provided herein, whoever owns, possesses, or operates a short-barreled shotgun may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 3. Uses permitted. The following persons may own or possess a machine gun or short-barreled shotgun provided the provisions of subdivision 4 are complied with:

(1) law enforcement officers for use in the course of their duties;

(2) chief executive officers of correctional facilities [...];

(3) persons possessing machine guns or short-barreled shotguns which, although designed as weapons, have been determined by the superintendent of the Bureau of Criminal Apprehension or the superintendent's delegate by reason of the date of manufacture, value, design or other characteristics to be primarily collector's items, relics, museum pieces or objects of curiosity, ornaments or keepsakes, and are not likely to be used as weapons;

(4) manufacturers of ammunition who possess and use machine guns for the sole purpose of testing ammunition manufactured for sale to federal and state agencies or political subdivisions;

(5) dealers and manufacturers who are federally licensed to buy and sell, or manufacture machine guns or short-barreled shotguns and who either use the machine guns or short-barreled shotguns in peace officer training under courses approved by the Board of Peace Officer Standards and Training, or are engaged in the sale of machine guns or short-barreled shotguns to federal and state agencies or political subdivisions; and

(6) persons employed by the Minnesota National Guard as security guards, for use in accordance with applicable federal military regulations.

Subd. 4. Report required. (a) A person owning or possessing a machine gun or short-barreled shotgun as authorized by subdivision 3, clause (1), (2), (3), or (4) shall, within ten days after acquiring such ownership or possession, file a written report with the Bureau of Criminal Apprehension [...]

Subd. 5. Exceptions. This section does not apply to members of the armed services of either the United States or the state of Minnesota for use in the course of their duties or to security guards employed by the Minnesota National Guard for use in accordance with applicable federal military regulations.

Subd. 6. Preemption. Laws 1977, chapter 255, supersedes all local ordinances, rules, and regulations.

The section contains no reference to NFA registration.

Related provisions

  • Minn. Stat. § 609.67, subd. 6: state law supersedes local ordinances on machine guns/SBS.
  • Minn. Stat. § 609.66, subd. 1a(a)(1): suppressor clause above.

Post-ruling guidance and recent legislation

None found as of 2026-10-12 from the Minnesota AG, BCA or DPS.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Mississippi

Suppressors: Unsettled

Short answer for Mississippi: I found no item-specific state restriction on possessing SBRs, SBSs or AOWs; general firearm laws still apply. The answer for suppressors is unsettled. On October 12, 2026 the Mississippi Attorney General said in an official statement that ATF Form 4 for suppressors is voluntary for Mississippians too. The statute has not changed, the statement does not mention Form 1, and the Attorney General plans to ask the 2027 Legislature to fix the wording.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (state possession/manufacture/sale offense for anyone "not duly authorized under federal law"; misdemeanor)Federal compliance
SBRNo item-specific restriction foundNo state restriction found (only concealed carry of a rifle under 16" is an offense, with home/vehicle/sporting exceptions)None needed
SBSNo item-specific restriction foundNo state restriction found (only concealed carry of a shotgun under 18" is an offense, with exceptions)None needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unsettled, but the Attorney General has spoken - the suppressor statute turns on whether a person is "not duly authorized under federal law" and does not mention registration. On Oct. 12, 2026 the Mississippi Attorney General said in an official statement that "it is our opinion that ATF Form 4 for suppressors is voluntary for Mississippians as well." The same statement says ATF's position "can easily be reversed," that the office will ask the 2027 Legislature to remove the reference to federal law, and it is a statement, not a statute or a court ruling; § 97-37-31 is still on the books. I found no Mississippi restriction on SBRs, SBSs and AOWs, so the ATF letter does not appear to matter for them at the state level.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. On October 12, 2026 the Mississippi Attorney General said in an official statement that ATF Form 4 for suppressors is voluntary for Mississippians too. The statute has not changed, the statement does not mention Form 1, and the Attorney General plans to ask the 2027 Legislature to fix the wording.

Analysis

I found no Mississippi registration or licensing scheme of its own for NFA items and no ban on possession of SBRs, SBSs or AOWs. The only provision touching short-barreled long guns is the concealed-carry statute, § 97-37-1, which penalizes carrying a rifle under 16 inches or a shotgun under 18 inches concealed on the person, with a subsection (2) exception for persons over eighteen in their home, place of business, associated real property or any motor vehicle, and a separate subsection (3) exception for legitimate weapon-related sports activity and travel to or from it. Ownership and manufacture are not addressed. AOWs are not mentioned. On the text found, none of these three categories depends on federal status.

Suppressors are different. Section 97-37-31 makes it a misdemeanor (fine up to $500, up to 30 days in county jail) to make, sell or possess a suppressor if one is "not duly authorized under federal law." This is a federal compliance exception: it does not mention the NFA, registration or a tax stamp. The state registration requirement was deleted in 2016. Section 97-37-1 also lists "any muffler or silencer" among items whose concealed carry is an offense, subject to the same exceptions.

Interpretation (not statutory text): "authorized under federal law" is naturally read as "permitted by federal law." Before Oct. 9, 2026 that meant an approved Form 1 or Form 4. ATF's Oct. 9 letter is enforcement discretion and the NFA statutes remain. On Oct. 12, 2026 the Mississippi Attorney General issued an official statement concluding that, given ATF's decision and Mississippi's statutes, "ATF Form 4 for suppressors is voluntary for Mississippians as well," and that the operative words "duly authorized under federal law" would "also make use of Form 4 voluntary in Mississippi." That is the state's chief legal officer reading the exception as covering a suppressor acquired without a Form 4. Three limits are worth knowing. The statement speaks of Form 4 (transfers) and does not mention Form 1 (making a suppressor). It is a press statement, not a statute or a court decision, and it does not say it binds district attorneys or courts. And the statement itself says ATF's position "can easily be reversed by future Administrations" and that the Attorney General will ask the 2027 Legislature to remove the reference to federal law. The § 97-37-31 offense quoted here is a misdemeanor; the separate concealed-carry offense in § 97-37-1 carries different penalties and, per the same statement, still makes concealed carry of a silencer punishable.

Statutory text

Miss. Code Ann. § 97-37-31 - Silencers (as last amended by 2016 Miss. Laws, SB 2313)

Source: advance.lexis.com/container?config=00JAAzNzhjOTYxNC0wZj… (retrieved 2026-10-13; current with legislation from the 2026 Regular and First Extraordinary Sessions)

The Code page's table-of-contents title reads "Silencers on firearms; manufacture, sale, possession or use unlawful [For contingent repeal of this section, see Editor's Notes]"; the official code still prints the section in full, with that flag, as of 2026-10-13. The official page for § 97-37-1, which the same 2023 act amends on the same condition, is headed "Until the date that the conditions described in Section 7 of Chapter 461, Laws of 2023, have been met, this section shall read as follows," so the official code continues to display the pre-condition text. That is consistent with the repeal not being in effect, and the Attorney General's Oct. 12, 2026 statement treats § 97-37-31 as operative. The public edition of the code does not display the Editor's Notes themselves. History: Laws 2000 ch. 496; 2015 ch. 433 § 3; 2016 ch. 344 § 1 (approved Apr. 5, 2016). HB 912 (2023) would repeal it only on a contingency; see Related provisions. Enrolled 2016 bill: billstatus.ls.state.ms.us/documents/2016/html/SB/2300-2…; 2026 history page billstatus.ls.state.ms.us/2026/pdf/code_sections/097/00… shows only SB2316 died in committee.

97-37-31. It shall be unlawful for any person, persons, corporation or manufacturing establishment, not duly authorized under federal law, to make, manufacture, sell or possess any instrument or device which, if used on firearms of any kind, will arrest or muffle the report of the firearm when shot or fired. Any person violating this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than thirty (30) days, or both.

Note: the 2016 act struck the earlier sentences requiring all such devices to be registered with the Department of Public Safety (and law-enforcement annual inventory).

Miss. Code Ann. § 97-37-1 - Carrying concealed weapons (text as it stands before the contingent HB 912 amendment)

Source: lexisnexis.com/hottopics/mscode/ (retrieved 2026-10-13; current with legislation from the 2026 Regular and First Extraordinary Sessions)

The Code page carries the notice "This section has more than one version with varying effective dates" and the heading "[Until the date that the conditions described in Section 7 of Chapter 461, Laws of 2023, have been met, this section shall read as follows. See Editor's note.]" The text below is that currently operative version (subsections (1)(a)-(d) summarized in the penalty note). The 2023 ch. 461 § 5 version (which would strike "slingshot" and the silencer clause) takes effect only on the contingency.

97-37-1. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed on or about one's person, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall, upon conviction, be punished as follows: [...]

(2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

(3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. [...]

(4) For the purposes of this section, "concealed" means hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible [...]

(The words "slingshot" and "or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm," are struck by HB 912 Section 5, which takes effect only on its contingency.) Penalties per (1)(a)-(d): first offense fine $100-$500 and/or up to 6 months jail; second offense fine plus 30 days-6 months; third or subsequent 1-5 years; prior felon 1-10 years.

Related provisions

  • HB 912 (2023), "Firearm suppressors; authorizing manufacture and possession in Mississippi and prohibit enforcement of federal laws governing" (approved by Governor 04/13/2023): Mississippi-made suppressors "not subject to federal law or federal regulation," "Made in Mississippi" stamp, bar on state and local enforcement of federal suppressor rules, and repeal of § 97-37-31 plus deletion of the silencer clause in § 97-37-1. Section 7: takes effect only after the U.S. Supreme Court rules for Texas in an appeal of the case the act calls "Paxton et al v. Richardson (4:22-cv-00143)" in the Northern District of Texas, or ten days after the Mississippi Attorney General publishes in the administrative bulletin a determination that the U.S. Supreme Court has rendered binding precedent making it reasonably probable that the act would be upheld as constitutional. Source: billstatus.ls.state.ms.us/documents/2023/html/HB/0900-0…. I found no Supreme Court ruling or Attorney General publication meeting that condition. The official code, current through the 2026 sessions, still prints § 97-37-31 in full and still displays the pre-condition version of § 97-37-1, and the Attorney General's Oct. 12, 2026 statement treats both sections as in force and says amendments will be sought in 2027. All of that is consistent with the repeal not being in effect.
  • § 11-1-67 (state-exclusive authority to sue firearm/silencer makers) referenced in HB 912.
  • No state assault-weapon law found.

Post-ruling guidance and recent legislation

  • Mississippi Attorney General, "Statement by Attorney General Lynn Fitch on Suppressors Under Mississippi Law," official statement, Oct. 12, 2026: attorneygenerallynnfitch.com/2026/10/12/statement-by-at… (retrieved 2026-10-13). It says "it is our opinion that ATF Form 4 for suppressors is voluntary for Mississippians as well," that Mississippi "was one of 15 states in which registration requirements became ambiguous" after the court ruling, that ATF's position "can easily be reversed by future Administrations," and that the Attorney General will seek 2027 legislation to "eliminate the reference to federal law" and to amend § 97-37-1. It does not mention Form 1 and does not address Mississippi's treatment of SBRs, SBSs or AOWs.
  • 2026 Regular Session: SB 2316, "Silencers; clarify legality of making, manufacturing, selling or possessing," died in committee 03/03. Source: billstatus.ls.state.ms.us/2026/pdf/code_sections/097/00…
  • Sept. 4, 2026: Mississippi's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Mississippi law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Missouri

Suppressors: Unsettled

Short answer for Missouri: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. The answer for suppressors, SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (offense only if "in violation of federal law")Federal compliance
SBRUnsettledRestricted, with an exception (offense only if "in violation of federal law")Federal compliance
SBSUnsettledRestricted, with an exception (offense only if "in violation of federal law")Federal compliance
AOWNo item-specific restriction foundNot separately restricted by state law (only "gas gun" / "explosive weapon" definitions could reach some devices)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — The state offense turns on whether the item is "in violation of federal law." The NFA statutes remain on the books and ATF's letter is only an enforcement-discretion policy, so whether an unregistered item is still "in violation of federal law" is an open textual question; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. The statute never mentions registration or the NFRTR.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Missouri, the exception for suppressors, SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Missouri has no state licensing or registration scheme. Section 571.020.1(6) makes it a class D felony to knowingly possess, manufacture, transport, repair or sell a machine gun, short-barreled rifle or shotgun, or firearm silencer "in violation of federal law." The qualifier is in the offense definition itself, not a separate exception. Possession that complies with federal law is therefore outside the offense. The wording is federal compliance, not federal registration: it does not mention the NFA, registration, the NFRTR or a tax stamp.

For an unregistered suppressor, SBR or SBS after the Oct. 9 ATF letter, the text does not settle the question. One reading: the NFA registration and transfer provisions are still statutes, so an unregistered item is still "in violation of federal law" even though ATF will not enforce them. That keeps the Missouri offense alive. The other reading: the item is not being treated as a violation by the agency that administers the law. This reading is supported by the Silencer Shop Foundation injunction, though that injunction covers only the plaintiffs and the members and customers it names, and by the letter's non-enforcement policy. The phrase "in violation of federal law" does not say whether it means de jure illegality or enforceable illegality. That is an interpretation and not something the text answers, and the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. A prosecutor, not ATF, decides state charges.

AOWs are not named in the state statute. The only possibly relevant bans are "gas gun" and "explosive weapon", which are unlikely to reach typical AOWs. Penalty for the covered items is a class D felony. Machine guns and destructive devices are unaffected by the ATF letter. A destructive device is probably reached through the "explosive weapon" definition, whose federal-conformity exception is narrow.

Statutory text

Mo. Rev. Stat. § 571.020 — Possession, manufacture, transport, repair, sale of certain weapons a crime; exceptions; penalties

Source: revisor.mo.gov/main/OneSection.aspx?section=571.020 (retrieved 2026-10-12; version "Effective 01 Jan 2017", history through A.L. 2016 H.B. 2332; no later amendment shown, though the revisor site is updated only on effective dates)

1. A person commits an offense if such person knowingly possesses, manufactures, transports, repairs, or sells:

(1) An explosive weapon;

(2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

(3) A gas gun;

(4) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or

(5) Knuckles; or

(6) Any of the following in violation of federal law:

(a) A machine gun;

(b) A short-barreled rifle or shotgun;

(c) A firearm silencer; or

(d) A switchblade knife.

2. A person does not commit an offense pursuant to this section if his or her conduct involved any of the items in subdivisions (1) to (5) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct:

(1) Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency, or a penal institution; or

(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or

(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

(4) Was incident to displaying the weapon in a public museum or exhibition; or

(5) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance.

3. An offense pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section is a class D felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is a class A misdemeanor.

Mo. Rev. Stat. § 571.010 — Definitions (selected)

Source: revisor.mo.gov/main/OneSection.aspx?section=571.010 (retrieved 2026-10-12; version effective 28 Aug 2024)

(9) "Firearm silencer", any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm;

(14) "Machine gun", any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger;

(18) "Short barrel", a barrel length of less than sixteen inches for a rifle and eighteen inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six inches;

"Explosive weapon", any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon. [...]

"Gas gun", any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance;

("Explosive weapon" is subdivision (7), "firearm silencer" (9), "gas gun" (10), "machine gun" (14), "short barrel" (18). "Short-barreled rifle/shotgun" is not separately defined in § 571.010; "short barrel" is defined as above, which tracks federal lengths.)

Mo. Rev. Stat. § 21.750 — Firearms preemption (selected)

Source: revisor.mo.gov/main/OneSection.aspx?section=21.750 (retrieved 2026-10-12; effective 28 Aug 2014)

1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. [...]

Mo. Rev. Stat. § 1.420 — Federal laws deemed infringements (Second Amendment Preservation Act)

Source: revisor.mo.gov/main/OneSection.aspx?section=1.420 (retrieved 2026-10-12; effective 12 Jun 2021)

The following federal acts, laws, executive orders, administrative orders, rules, and regulations shall be considered infringements [...] including, but not limited to: (1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition [...]; (2) Any registration or tracking of firearms, firearm accessories, or ammunition; [...]

Related provisions

  • Preemption: Mo. Rev. Stat. § 21.750 (field preemption of local firearms regulation).
  • Short-barrel definition in § 571.010 uses 16 in. rifle barrel, 18 in. shotgun barrel, 26 in. overall, matching federal lengths.
  • Second Amendment Preservation Act, §§ 1.410 and following, including § 1.420 quoted under Statutory text.
  • Missouri Firearms Freedom Act / made-in-state suppressor exemption: I did not locate a current statute. § 571.020 on the revisor site still shows a 2017 version.

Post-ruling guidance and recent legislation

  • Missouri AG Catherine Hanaway filed Marshak v. ATF (E.D. Mo., Sept. 2026) challenging NFA registration for suppressors and SBRs: ago.mo.gov/attorney-general-hanaway-sues-atf-to-defend-… . The press release addresses federal requirements only and says nothing about Missouri state law. Status after the Oct. 9 letter is unknown.
  • HB 1730 (2026), sponsored by Rep. Mike Costlow, passed the House 95-44 in April 2026. It would permit possession, manufacture, transport, repair and sale of suppressors and exempt Missouri-made, Missouri-kept suppressors from federal law, and would preempt local restrictions: stlpr.org/government-politics-issues/2026-04-09/gun-sup… . I found no evidence it passed the Senate. § 571.020 shows no amendment since 2017.
  • No Missouri AG, State Highway Patrol or other state agency statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Missouri law).
  • Sept. 4, 2026: Missouri's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Missouri law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Montana

Suppressors: Registration or other requirements apply

Short answer for Montana: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs. For suppressors, Montana punishes possession with a criminal purpose, and treats possession of one that is not registered under federal law as evidence of that purpose.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (no standalone possession ban; possession of a silencer "not registered under federal law" is prima facie evidence of criminal purpose; AG reads this as felony exposure)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (only "sawed-off" modified rifles are covered; exempt if holder has "a valid federal tax stamp")Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (same; modified shotguns; tax-stamp exemption)Federal registration
AOWNo item-specific restriction foundNo Montana statute found that restricts AOWs as a classNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear (leaning risky) — Both operative provisions key to federal registration/stamp ("not registered under federal law"; "valid federal tax stamp"), and the Montana AG has publicly said the federal ruling does not clearly protect non-plaintiff owners. Nothing in the text says ATF non-enforcement counts as registration.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Montana, the sawed-off firearm exception requires a valid federal tax stamp, and possessing a suppressor that is not registered under federal law is treated as evidence of criminal purpose. ATF's non-enforcement policy does not supply a registration.

Analysis

Suppressors: Montana does not make plain possession a crime. Section 45-8-336 punishes possessing, making, transporting, buying or selling a silencer only with a purpose to commit an offense (5-30 years / $1,000-$20,000). Section 45-8-337 then says that possessing a silencer "not registered under federal law" is prima facie evidence of that purpose. The exception is therefore a registration-type hook: registered silencers carry no presumption; unregistered ones do. The AG describes this as felony exposure; that is the Attorney General's interpretation, and the text is a rebuttable presumption, not a standalone ban.

SBR/SBS: Section 45-8-340 reaches only rifles or shotguns originally made at or above the length minimums and later shortened. Exempt if the holder "has a valid federal tax stamp for the firearm." On its face, a factory/purpose-built short rifle (or a pistol converted to an SBR) is not within (1) on one reading, though that is my reading and a court could read it differently, so the cautious assumption is that such an item is not safe from this section until a court or the state attorney general says otherwise. Penalty is a misdemeanor on first offense, up to 5 years with priors.

AOW: no Montana provision found that regulates them.

Post-letter: the text asks for a "valid federal tax stamp" and for registration "under federal law." Under the $0 tax and ATF's non-enforcement policy, an item may have neither. Whether a $0 approved Form 1/4 counts as a "tax stamp" is untested. A purely text-based reading says unregistered items fall outside the exceptions; the AG's guidance agrees. Prosecutorial risk is real. The cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise.

Statutory text

Mont. Code Ann. § 45-8-336 — Possession of silencer

Source: mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025; Legislature notes printed code prevails; 2027 session amendments not yet reflected)

45-8-336. Possession of silencer. (1) A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose.

(2) A person convicted of the offense of possession of a silencer is punishable by imprisonment in the state prison for a term of not less than 5 years or more than 30 years or by a fine of not less than $1,000 or more than $20,000, or both.

Mont. Code Ann. § 45-8-337 — Possession of unregistered silencer or bomb: prima facie evidence of unlawful purpose

Source: mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025)

45-8-337. Possession of unregistered silencer or of bomb or similar device prima facie evidence of unlawful purpose. Possession of a silencer that is not registered under federal law or of a bomb or similar device charged or filled with one or more explosives is prima facie evidence of a purpose to use the same to commit an offense.

Mont. Code Ann. § 45-8-340 — Sawed-off firearm

Source: mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025)

45-8-340. Sawed-off firearm -- penalty. (1) A person commits the offense of possession of a sawed-off firearm if the person knowingly possesses a rifle or shotgun that when originally manufactured had a barrel length of:

(a) 16 inches or more and an overall length of 26 inches or more in the case of a rifle; or

(b) 18 inches or more and an overall length of 26 inches or more in the case of a shotgun; and

(c) the firearm has been modified in a manner so that the barrel length, overall length, or both, are less than specified in subsection (1)(a) or (1)(b).

(2) The barrel length is the distance from the muzzle to the rear-most point of the chamber.

(3) This section does not apply to firearms possessed:

(a) by a peace officer of this state or one of its political subdivisions;

(b) by an officer of the United States government authorized to carry weapons;

(c) by a person in actual service as a member of the national guard;

(d) by a person called to the aid of one of the persons named in subsections (3)(a) through (3)(c);

(e) for educational or scientific purposes in which the firearms are incapable of being fired;

(f) by a person who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, firearms and explosives; or

(g) by a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900.

(4) A person convicted of the offense of possession of a sawed-off firearm shall be fined not less than $200 or more than $500 or be imprisoned in the county jail for not less than 5 days or more than 6 months, or both, upon a first conviction. If a person has one or more prior convictions under this section or one or more prior felony convictions under a law of this state, another state, or the United States, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.

Mont. Code Ann. § 87-6-401(1)(c), (2) — Silencers while hunting

Source: mca.legmt.gov/bills/mca/title_0870/chapter_0060/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025; history ends amd. Sec. 17, Ch. 552, L. 2021)

(1) A person may not: [...]

(c) while hunting, use any device or mechanism devised to silence, muffle, or minimize the report of any firearm, whether the device or mechanism is operated from or attached to any firearm. This subsection (1)(c) does not prohibit the use of a device or mechanism registered with the bureau of alcohol, tobacco, firearms and explosives to silence, muffle, or minimize the report of a firearm when hunting wildlife. [...]

(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. [...]

Mont. Code Ann. § 30-20-103(2) — Montana Firearms Freedom Act, definition

Source: mca.legmt.gov/bills/mca/title_0300/chapter_0200/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025)

30-20-103(2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

Mont. Code Ann. § 30-20-104 — Montana Firearms Freedom Act, prohibitions

Source: mca.legmt.gov/bills/mca/title_0300/chapter_0200/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025)

30-20-104. Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. [...]

Related provisions

  • Hunting with suppressors: Section 87-6-401(1)(c) bars a hunter from using a device to "silence, muffle, or minimize the report of any firearm," but says this "does not prohibit the use of a device or mechanism registered with the bureau of alcohol, tobacco, firearms and explosives." Penalty is a fine of $50 to $1,000 and/or up to 6 months in the county detention center, plus possible loss of hunting privileges. The former ban, 87-3-123, is "Repealed. Sec. 120, Ch. 258, L. 2011" (mca.legmt.gov/bills/mca/title_0870/chapter_0030/part_00…; retrieved 2026-10-12; Montana Code Annotated 2025). My reading is that a hunter with an unregistered suppressor is outside the exception, so I would not hunt with one.
  • Local preemption: Section 45-8-351(1) says a county, city, town or other local government "may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer ..., ownership, possession, transportation, use, or unconcealed carrying of any weapon" (mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_00…; retrieved 2026-10-12; Montana Code Annotated 2025).
  • Firearms Freedom Act, 30-20-101 et seq., covers "sound suppressors" made and kept in Montana (text under Statutory text). It is a legislative declaration; nothing in it amends 45-8-336, -337 or -340, and I would not rely on it.
  • Chapters reviewed for the AOW row and for any other covering law: Title 45, ch. 8, part 3 (Weapons), every section from 45-8-301 through 45-8-377, including definitions 45-8-302 and 45-8-332, the destructive-device section 45-8-334, and 45-8-365 through 45-8-368 (which only bar state and local employees from helping enforce a federal firearms "ban" and do not themselves restrict any item); and Title 87, ch. 3, part 1 (repealed and remaining sections). The definitions in 45-8-302 and 45-8-332 do not define "short-barreled" or "any other weapon," and no section of the part regulates AOWs as a class.
  • No Montana assault-weapon or "copycat" law appears in the Weapons part; no state registration scheme for these items appears there either.

Post-ruling guidance and recent legislation

  • Montana AG Knudsen legal guidance on the Silencer Shop ruling, dated Aug. 27, 2026: dojmt.gov/attorney-general-knudsen-issues-legal-guidanc… (the AG's press release, published Aug. 27, 2026). The press release itself reads, verbatim: "Under Montana law, possession of an unregistered silencer remains a felony punishable by five to 30 years in prison and up to $20,000 in fines. Additionally, Montana law only exempts 'sawed-off firearms' or SBS from prosecution if the owner holds a valid federal tax stamp ... Montana law still requires suppressors to be registered with the ATF if used for hunting." Summary: unregistered silencer possession remains a felony (5-30 years, up to $20,000); sawed-off exemption depends on a valid federal tax stamp; hunting use still requires federal registration.
  • The guidance letter itself (Attorney General to Montana prosecutors, county sheriffs and chiefs of police, Aug. 27, 2026): content.govdelivery.com/attachments/MTAG/2026/08/27/fil…. It says the federal injunction "ONLY applies to" the plaintiffs and members of the plaintiff groups, and that such a person "could still be subject to felony prosecution under Montana law for possessing, manufacturing, or transferring that same silencer," with the same point made for short-barreled rifles and shotguns. On hunting: "Montana law still requires NFA registration to hunt with a suppressor." It also tells law enforcement that investigations under §§ 45-8-336, 45-8-337 and 45-8-340 "may be tenuous given the current legal environment," and asks city and county attorneys to submit such cases to the Department of Justice Prosecution Services Bureau "for review and advisement before any charges under the same statutes are formally filed." The letter predates the Oct. 9, 2026 ATF Open Letter and does not address it. It asks for review before charging; it does not say charges will not be brought, so I would not read it as protection for anyone holding an unregistered item.
  • Montana Shooting Sports Association (Gary Marbut), May 26, 2025: mtssa.org/suppressor-update/ . Said MSSA will bring a 2027 bill to repeal 45-8-337.
  • No AG statement on the Oct. 9, 2026 ATF Open Letter found as of 2026-10-12.
  • 2025-2026 amendments: none found to 45-8-336, -337, -340 (MCA 2025 shows histories ending 2009/1999/2017).
  • Sept. 4, 2026: Montana's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Montana law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Case law and AG opinions

  • Montana AG legal guidance, Aug. 27, 2026 — dojmt.gov/attorney-general-knudsen-issues-legal-guidanc…. The press release states that possession of an unregistered silencer remains a felony and that the sawed-off exemption needs a valid federal tax stamp. This is guidance, not a formal AG opinion.

Net effect: The AG's guidance reads the state text strictly against unregistered holders, though it is non-binding; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Nebraska

Suppressors: No item-specific restriction found

Short answer for Nebraska: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction foundNone needed
SBRUnsettledRestricted, with an exception (possession is a Class IV felony unless "qualified under the provisions of federal law relating to the short rifle")Federal compliance (wording ambiguous; may be read as federal registration)
SBSUnsettledRestricted, with an exception (same as SBR)Federal compliance (wording ambiguous; may be read as federal registration)
AOWNo item-specific restriction foundNo state restriction found (not named in the Nebraska statute)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBRs and SBSs; No state restriction found for suppressors and AOWs. The SBR/SBS exception turns on whether a person is "qualified under the provisions of federal law," a phrase that does not name registration. Whether an unregistered person is "qualified" under federal law while ATF declines to enforce the registration requirements, which remain in federal law, is untested; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Nebraska, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Nebraska has no statute (that I found) that mentions silencers or suppressors, and none that mentions "any other weapons" as a category. So I found no state regulation of those two categories; this is based on 28-1201 and 28-1203, not a search of the whole code.

The only relevant prohibition is 28-1203(1): possessing or transporting a machine gun, short rifle, or short shotgun is a Class IV felony. "Short rifle" and "short shotgun" are defined by state-law barrel and overall lengths (rifle under 16 in. barrel or under 26 in. overall; shotgun under 18 in. barrel or under 26 in. overall), parallel to the federal SBR/SBS definitions. A pistol-type firearm is not covered by this section, so many AOWs are outside it.

The exception in 28-1203(2) covers "persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun." This is what the text says. It does not use the words "registered," "NFRTR," or "tax stamp." That puts it nearer to federal compliance than federal registration, but "qualified under" could be read to mean "has complied with the NFA's registration and approval process." My interpretation: ATF said on Oct. 9, 2026 that it will not enforce the registration requirement for SBRs/SBSs, but the requirement remains in federal law. One reading is that nothing disqualifies an unregistered holder, and the counter-reading is that the statutes remain on the books and a person is "qualified" only by having met them; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Penalty: Class IV felony. The statute is old (1978), so no drafter contemplated enforcement discretion.

Statutory text

Neb. Rev. Stat. 28-1203 - Transportation or possession of machine guns, short rifles, or short shotgun; penalty; exception

Source: nebraskalegislature.gov/laws/statutes.php?statute=28-12… (retrieved 2026-10-12; page shows no currency date; its source line lists only Laws 1977, LB 38, § 235 and Laws 1978, LB 748, § 17, so the section appears unamended since 1978)

(1) Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.

(2) The provisions of this section shall not be held to prohibit any act by peace officers, members of the United States armed services, or members of the National Guard of this state, in the lawful discharge of their duties, or persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun.

Neb. Rev. Stat. 28-1201 - Definitions (operative definitions only)

Source: nebraskalegislature.gov/laws/statutes.php?statute=28-12… (retrieved 2026-10-12; no "current through" date shown; its source line lists amendments through Laws 2024, LB1329, § 1)

(3) Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon; [...]

(10) Machine gun means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger; [...]

(15) Short rifle means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches; and

(16) Short shotgun means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches.

Not quoted: the definition of "handgun" (28-1201(5)) is irrelevant to NFA items except for 28-1204 (under-18 possession), which does not do NFA work.

Related provisions

  • Hunting with suppressors: no state prohibition found; Game and Parks regulations are outside this guide.
  • Firearms Freedom Act / made-in-state suppressor law: not located.
  • Preemption: Neb. Rev. Stat. 69-2425 only says city or village ordinances existing on Sept. 6, 1991 are not preempted by 69-2401 to 69-2425. Local ordinances (e.g., Omaha, Lincoln) may add restrictions.
  • State assault-weapon law: none found.
  • Handgun possession by under-18s: 28-1204 (not NFA-specific).

Post-ruling guidance and recent legislation

  • No Nebraska attorney general, State Patrol, or other state agency statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter found. None found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Nebraska law).
  • No 2025-2026 amendment to 28-1203 found; the statute page shows no amendment since 1978.
  • Sept. 4, 2026: Nebraska's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Nebraska law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Nevada

Suppressors: Unsettled

Short answer for Nevada: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to SBRs and SBSs. The answer for suppressors is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (NRS 202.350(1)(b): banned "unless authorized by federal law"; subsec. 6 exempts persons "licensed, authorized or permitted ... pursuant to federal law")Federal compliance
SBRRegistration or other requirements applyRestricted, with an exception (felony unless licensed, or "registered with the United States Department of the Treasury", or collector/curio)Federal registration
SBSRegistration or other requirements applySame as SBRFederal registration
AOWNo item-specific restriction foundNo Nevada provision found targeting AOWs; not restricted by NRS 202.275 or 202.350 (concealed-carry rules for firearms generally apply)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — SBRs/SBSs are on the text most likely illegal under state law (exception requires registration with Treasury, or an FFL/collector/C&R status), a category D felony. Suppressors turn on whether an unregistered item, while ATF declines to enforce the registration requirements that remain in federal law, is "authorized by federal law" or "permitted ... pursuant to federal law"; the text does not name registration, so it can be read either way; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Nevada, federal registration is a stated condition of the exception for SBRs and SBSs; ATF's non-enforcement policy does not supply a registration. In Nevada, the exception for suppressors turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Nevada does not license or register NFA items itself; it piggybacks on federal status, in two different ways.

Suppressors and machine guns (NRS 202.350(1)(b)): banned "unless authorized by federal law", with subsection 6 exempting anyone "licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law." The wording is federal compliance, not registration-specific, but the burden of proving the federal authorization is on the possessor. Whether a suppressor that federal law still technically requires registering, but that ATF has announced it will not enforce against, is "authorized" or "permitted" under federal law is an open interpretive question; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Penalty for violation is a category C felony.

SBRs and SBSs (NRS 202.275): possession, manufacture or disposal is a category D felony, with exceptions for peace officers, Treasury-licensed importers/manufacturers/collectors/dealers, a "person to whom such a rifle or shotgun is registered with the United States Department of the Treasury", and C&R/collectors-item firearms. This is a registration-type exception. On its plain text, an unregistered SBR held by an ordinary civilian after Oct. 9, 2026 does not fit it, so state law likely still prohibits it. The definition is Nevada's own (16-inch rifle barrel, 18-inch shotgun barrel, 26-inch overall) and does not reference the NFA. My reading, not the text, is that the "registered" exception is narrower than the suppressor one.

AOWs: the weapons sections of NRS chapter 202 (NRS 202.253 to 202.369) contain no provision that restricts them as such. The only general rules that reach them are the concealed-carry rules for firearms.

Statutory text

NRS 202.275 — Possession, manufacture or disposition of short-barreled rifle or short-barreled shotgun

Source: leg.state.nv.us/nrs/nrs-202.html (retrieved 2026-10-12; header "Rev. 4/15/2026 11:33:45 AM--2025", i.e. current through the 2025 session)

1. Except as otherwise provided in subsection 3, a person who knowingly or willfully possesses, manufactures or disposes of any short-barreled rifle or short-barreled shotgun is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. For purposes of this section:

(a) Short-barreled rifle means:

(1) A rifle having one or more barrels less than 16 inches in length; or

(2) Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.

(b) Short-barreled shotgun means:

(1) A shotgun having one or more barrels less than 18 inches in length; or

(2) Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.

3. This section does not prohibit:

(a) The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties;

(b) The possession of any short-barreled rifle or short-barreled shotgun by a person who is licensed as a firearms importer, manufacturer, collector or dealer by the United States Department of the Treasury, or by a person to whom such a rifle or shotgun is registered with the United States Department of the Treasury; or

(c) The possession of any short-barreled rifle or short-barreled shotgun that has been determined to be a collectors item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44.

(Added to NRS by 1977, 879; A 1979, 1434; 1991, 1136; 1995, 1206; 2005, 64)

NRS 202.350 — Manufacture, importation, possession or use of dangerous weapon or silencer (operative parts)

Source: leg.state.nv.us/nrs/nrs-202.html (retrieved 2026-10-12; header "Rev. 4/15/2026 11:33:45 AM--2025", i.e. current through the 2025 session)

1. Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, a person within this State shall not: [...]

(b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law; [...]

2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of: [...]

(b) Paragraph (b) of subsection 1 or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130. [...]

6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission. [...]

8. As used in this section: [...]

(g) Silencer means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

NRS 202.253 — Definitions (partial)

Source: leg.state.nv.us/nrs/nrs-202.html (retrieved 2026-10-12; header "Rev. 4/15/2026 11:33:45 AM--2025", i.e. current through the 2025 session)

5. Firearms importer or manufacturer means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44.

6. Machine gun means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger. [...]

The section also defines "firearm" and "firearm capable of being concealed upon the person" (barrel under 12 inches). It contains no definition of "any other weapon" or "destructive device".

NRS 244.364 — State preemption of firearm regulation (county; parallel statutes exist for cities)

Source: leg.state.nv.us/nrs/nrs-244.html (retrieved 2026-10-12; header "Rev. 4/15/2026 11:46:14")

1. The Legislature hereby declares that: [...] (b) The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void. [...]

Cities have a parallel provision, NRS 268.418 (leg.state.nv.us/nrs/nrs-268.html, retrieved 2026-10-12; header "Rev. 9/9/2026 11:37:25"), which uses the same language, and both define "firearm accessories" to include "[a]ttachments or devices specifically designed or adapted to be inserted into or affixed on a firearm to enable, alter or improve the functioning or capability of the firearm."

Related provisions

  • Chapters reviewed: the weapons sections of NRS chapter 202 (table of contents, "Dangerous Weapons and Firearms", NRS 202.253 to 202.369), plus a search of NRS chapters 193, 201, 202, 207, 244, 266, 268, 453 and 503 and of NAC chapter 503 for "silencer", "suppressor", "muffler", "short-barreled", "sawed-off" and "short barrel". The only hits are NRS 202.275 and NRS 202.350 (NRS 202.253 defines the surrounding terms).
  • NRS 244.364 (counties) and NRS 268.418 (cities): state preemption of local firearm and "firearm accessories" regulation, quoted above.
  • NRS 202.350 also covers concealed carry of firearms (permit scheme in NRS 202.3653 et seq.); not NFA-specific.
  • NRS 202.274 (category D felony) covers devices, parts and modified semiautomatic firearms that eliminate the need for a separate trigger function and materially increase the rate of fire or approximate a machine gun. It does not mention suppressors or short barrels.
  • NRS 202.253 and NAC chapter 503 contain no suppressor or silencer provision, so Nevada's hunting rules do not separately address hunting with a suppressor; NRS 202.350 is the operative rule.
  • No Nevada "Firearms Freedom Act" or made-in-state suppressor statute appears in these chapters.
  • No Nevada assault-weapon ban catching SBRs or SBSs appears in these chapters.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 from the Nevada AG, DPS or legislature on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter. Nevada's Legislature meets in odd years; the NRS chapter 202 header shows the 2025 session as the latest.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

New Hampshire

Suppressors: No item-specific restriction found

Short answer for New Hampshire: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction foundNone needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found (as to state law) - New Hampshire has no statute found that bans or licenses these items or conditions them on NFA registration, so the state-law question does not turn on registration. Federal NFA statutes remain unrepealed; ATF is exercising enforcement discretion only.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in New Hampshire that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

I did not find any New Hampshire statute that separately prohibits possessing suppressors, SBRs, SBSs or AOWs, or that licenses or registers them as such. RSA 159:1 does define "pistol or revolver" for that chapter as "any firearm with barrel less than 16 inches in length" (source: gc.nh.gov/rsa/html/XII/159/159-1.htm , retrieved 2026-10-13), so the chapter's pistol rules can apply to some short firearms. RSA 159 ("Pistols and Revolvers") contains no NFA-type provisions; its section list (gc.nh.gov/rsa/html/XII/159/ - TOC at gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-159.htm) shows only felon, license-to-carry, sale, and misc. weapon rules, plus RSA 159:16 (blackjack, slung shot, metallic knuckles - not NFA items). Because the state does not restrict these items, there is no federal-law exception (federal registration or federal compliance) whose wording needs interpretation. That is my interpretation, based on finding no such statute; general provisions such as the deadly-weapon definition in RSA 625:11 and RSA 159:15 (possession while committing a violent crime) can still apply. Penalties: none specific to these items; felon-in-possession is a class B felony (RSA 159:3).

Statutory text

N.H. RSA 159:26 - Firearms, Ammunition, and Knives; Authority of the State (preemption)

Source: gc.nh.gov/rsa/html/XII/159/159-26.htm (retrieved 2026-10-12; page shows source "2003, 283:2. 2011, 139:1, eff. Aug. 6, 2011")

I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms or knives businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.

II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies, or knives shall be null and void.

N.H. RSA 159:3, I - Convicted Felons

Source: gc.nh.gov/rsa/html/XII/159/159-3.htm (retrieved 2026-10-12; page source line ends "2001, 189:1; 214:1, eff. Jan. 1, 2002")

I. A person is guilty of a class B felony if he: (a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11, V; and (b) Has been convicted in either a state or federal court [...] of: (1) A felony against the person or property of another; or (2) A felony under RSA 318-B; or (3) A felony violation of the laws of any other state [...] relating to controlled drugs as defined in RSA 318-B.

(Generally applicable prohibited-person law, not NFA-specific.)

Related provisions

  • RSA 159:26 - state preemption of local firearms regulation.
  • RSA 159:3 - felon in possession, class B felony.
  • RSA 159:16 - blackjack/slung shot/metallic knuckles misdemeanor (not NFA items).

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for an NH AG/State Police statement on the Aug. 5, 2026 ruling or Oct. 9 ATF letter.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

New Jersey

Suppressors: Prohibited under state law

Short answer for New Jersey: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: I found no AOW-specific statute, and many AOWs are caught as handguns or sawed-off items.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (knowing possession is a 4th-degree crime; narrow occupational exemptions)Banned
SBRProhibited under state lawBanned (a rifle with barrel under 16 in. or overall length under 26 in. falls within "sawed-off shotgun"; 3rd-degree crime)Banned
SBSProhibited under state lawBanned (sawed-off shotgun; 3rd-degree crime)Banned
AOWUnsettledUnclear / likely mostly banned or caught by other provisions (no AOW-specific statute found; many AOWs are handguns/pistol-grip firearms or "sawed-off" items)Banned (no federal-law exception found)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal - the NJ prohibitions on silencers and sawed-off shotguns (which includes SBRs) contain no exception tied to federal registration or compliance; the exemptions I could see are for military/law-enforcement/dealers/identified persons. The ATF letter does not change NJ law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in New Jersey: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

NJ makes knowing possession of any destructive device or sawed-off shotgun a third-degree crime and of any firearm silencer a fourth-degree crime, with no exception in subsections a-c keyed to federal NFA registration or federal lawfulness. The exemptions I saw (g) are for military members, antique cannons, and specifically identified persons (likely licensed/occupational), not for ordinary civilians holding federally approved items. The definition of "sawed-off shotgun" (2C:39-1o) sweeps in shotguns under 18 inches, rifles under 16 inches, and any rifle/shotgun-derived firearm under 26 inches overall, making SBRs and SBSs illegal regardless of NFA registration. 2C:39-9b/c also bar manufacture, transport and sale of both items and silencers, with no federal-law exception. The silencer definition is function-based (not tied to federal law). Because there is no federal-law hook, an item's NFA status (registered or not) does not affect NJ legality; the ATF Oct. 9 policy changes nothing at the state level. For AOWs it depends on the item. Section 2C:39-3(m) makes it a third-degree crime to knowingly possess a "covert firearm" as defined in 2C:39-1(hh), or "a firearm enclosed in a container or covering that is designed or modified to allow the firearm to be fired while so enclosed and that disguises or obscures the shape of the firearm such that it does not resemble a handgun, rifle, shotgun, or machine gun" (source: lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/2785/3… , retrieved 2026-10-13). Disguised AOWs such as pen or cane guns fall there. Other AOW configurations can be caught by the handgun permit rules, the assault-firearm definition or the sawed-off definition. This is interpretation, not legal advice.

Statutory text

N.J.S.A. 2C:39-3 - Prohibited weapons and devices

Source: pub.njleg.gov/statutes/STATUTES-TEXT.zip (retrieved 2026-10-12; official statutes file dated 10/10/2026)

a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.

c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.

[...]

g. Exceptions. (1) (a) Nothing in subsection a., b., c., d., e., f., j. or k. of this section shall apply to any member of the Armed Forces of the United States or the National Guard, or except as otherwise provided, to any law enforcement officer while actually on duty or traveling to or from an authorized place of duty, provided that his possession of the prohibited weapon or device has been duly authorized under the applicable laws, regulations or military or law enforcement orders. [...]

(4) Nothing in subsection a. of this section shall be construed to apply to antique cannons as exempted in subsection d. of N.J.S.2C:39-6.

(5) Nothing in subsection c. of this section shall be construed to apply to any person who is specifically identified in a special deer management permit issued by the Division of Fish and Wildlife to utilize a firearm silencer as part of an alternative deer control method implemented in accordance with a special deer management permit issued pursuant to section 4 of P.L.2000, c.46 (C.23:4-42.6), while the person is in the actual performance of the permitted alternative deer control method and while going to and from the place where the permitted alternative deer control method is being utilized. This exception shall not, however, otherwise apply to any person to authorize the purchase or possession of a firearm silencer.

N.J.S.A. 2C:39-1 - Definitions

Source: pub.njleg.gov/statutes/STATUTES-TEXT.zip (retrieved 2026-10-12; official statutes file dated 10/10/2026)

c. "Destructive device" means any device, instrument, or object designed to explode or produce uncontrolled combustion, including: [...] (3) any weapon capable of firing a projectile of a caliber greater than 60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; [...] (5) any center-fire rifle that is capable of firing a .50 BMG cartridge as defined in subsection mm. of this section. The provisions of this paragraph shall not apply to any antique firearm as defined in subsection a. of this section or any "curio or relic" as defined in 27 CFR 478.11.

g. "Firearm silencer" means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol, or other firearm.

i. "Machine gun" means any firearm, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt, or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism, or instrument and fired therefrom. The term also shall include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. A machine gun also shall include, without limitation, any firearm with a trigger crank attached.

o. "Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration or otherwise, if such firearm as modified has an overall length of less than 26 inches.

N.J.S.A. 2C:39-9 - Manufacture, transport, disposition

Source: pub.njleg.gov/statutes/STATUTES-TEXT.zip (retrieved 2026-10-12; official statutes file dated 10/10/2026)

a. Machine guns. Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 of Title 2C of the New Jersey Statutes is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any sawed-off shotgun is guilty of a crime of the third degree.

c. Firearm silencers. Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any firearm silencer is guilty of a crime of the fourth degree.

N.J.S.A. 2C:39-5 and 2C:58-5 - Machine guns

Source: pub.njleg.gov/statutes/STATUTES-TEXT.zip (retrieved 2026-10-12; official statutes file dated 10/10/2026)

2C:39-5 a. Machine guns. Any person who knowingly has in his possession a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree, except as provided in subsection 1. of N.J.S.2C:39-3.

2C:58-5 a. Any person who desires to purchase, possess and carry a machine gun or assault firearm in this State may apply for a license to do so by filing in the Superior Court in the county in which he resides, or conducts his business if a nonresident, a written application setting forth in detail his reasons for desiring such a license. [...]

b. No license shall be issued to any person who would not qualify for a permit to carry a handgun under section 2C:58-4, and no license shall be issued unless the court finds that the public safety and welfare so require. [...]

Machine-gun possession is therefore a second-degree crime unless the person holds a Superior Court license under 2C:58-5 (issued only on a finding that public safety and welfare require it; expires after two years, renewable).

Related provisions

  • Hunting with suppressors: there is no general exception for recreational hunting. Section 2C:39-3(g)(5) has a narrow exception for a person specifically identified in a special deer management permit.
  • No NJ made-in-state suppressor law found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12. S3894 (2024-25) amends 2C:39-1/-3 re digital firearm instructions only; silencer and sawed-off text unchanged in it.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

New Mexico

Suppressors: No item-specific restriction found

Short answer for New Mexico: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found on possession; a sale is a firearm sale under § 30-7-7.1 (background check)None needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No item-specific state restriction found (no section of NMSA 1978 Chapter 30, Article 7 separately restricts possessing these items or ties any exception to federal law; the article's general rules, such as those on prohibited persons and concealed loaded carry, still apply), so the ATF letter does not appear to change state-law status. In Article 7 the provision that names silencers, § 30-7-7.1, regulates sales and has no NFA-registration exception. Federal statutes remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in New Mexico that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

I found no separate New Mexico rule on possessing suppressors, SBRs, SBSs or AOWs: no state ban, permit, registry, or definition of "silencer" or "short-barreled" firearm was found in Chapter 30, and consequently no exception keyed to NFA registration or federal compliance. In Article 7 the touchpoint is § 30-7-7.1, which treats a silencer as a "firearm" for the sale-background-check rule; it applies to sales, not to holding one. Generic provisions (concealed loaded carry of any firearm, prohibited persons, destructive-device definition for prohibited persons) do not turn on NFA registration. The cautious assumption is that a court or the state attorney general could still read the law differently, and that provisions outside Chapter 30 might apply.

Statutory text

I found no separate, item-specific prohibition on possessing suppressors, SBRs, SBSs or AOWs in NMSA 1978 Chapter 30, Article 7 (Weapons and Explosives). The article's general rules, such as those on prohibited persons and carrying, still apply.

N.M. Stat. Ann. ch. 30, art. 7 (Weapons and Explosives) - sections reviewed

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

Every section of Article 7 was reviewed: 30-7-1 (carrying a deadly weapon, defined), 30-7-2 (unlawful carrying of a deadly weapon), 30-7-2.1 (school premises), 30-7-2.2 (unlawful possession of a handgun by a person under nineteen), 30-7-2.3 (seizure and forfeiture of a handgun), 30-7-2.4 (university premises), 30-7-3 (licensed liquor establishments), 30-7-3.1 (weapon conversion device), 30-7-4 (negligent use of a deadly weapon), 30-7-4.1 (making a firearm accessible to a minor), 30-7-5 to 30-7-7 (explosives), 30-7-7.1 (sale without a background check), 30-7-7.2 (purchase or transfer for another), 30-7-7.3 (sale before waiting period), 30-7-8 (switchblades), 30-7-9 (repealed), 30-7-10 to 30-7-15 (short title, definitions, prohibitions, weapons detection, carrying and transporting weapons), 30-7-16 (certain persons), and 30-7-17 to 30-7-22 (explosives, hoax bombs). The Criminal Code definitions in § 30-1-12 were also reviewed. The words "silencer", "suppressor", "muffler", "short-barreled", "sawed-off" and "short barrel" were searched across all of Chapter 30. The only statutory text that uses "silencer" is § 30-7-7.1(C)(3) (below) and the Antiterrorism Act definition in § 30-20A-2(C). No section of Chapter 30 prohibits or regulates possession of a short-barreled rifle or shotgun. Section 30-7-2.2 uses a twelve-inch barrel measure only to define "handgun" for persons under nineteen. Sections of the NMSA outside Chapter 30 were not part of this review.

30-7-7.1. Unlawful sale of a firearm without a background check (definition of "firearm" in Subsection C).

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

A. Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check, subject to the following: (1) if the buyer of a firearm is not a natural person, then each natural person who is authorized by the buyer to possess the firearm after the sale shall undergo a federal instant background check before taking possession of the firearm; (2) a prospective firearm seller who does not hold a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) shall arrange for a person who does hold that license to conduct the federal instant background check. A federal firearms licensee shall not unreasonably refuse to perform a background check pursuant to this paragraph; and (3) a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) may charge a fee not to exceed thirty-five dollars ($35.00) for conducting a background check pursuant to this section. B. The provisions of Subsection A of this section do not apply to the sale of a firearm: (1) by or to a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a); (2) to a law enforcement agency; (3) between two law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; or (4) between immediate family members. C. As used in this section: (1) "consideration" means anything of value exchanged between the parties to a sale; (2) "federal instant background check" means a background check that meets the requirements of 18 U.S.C. Section 922(t) and that does not indicate that a sale to the person receiving the firearm would violate 18 U.S.C. Section 922(g) or 18 U.S.C. Section 922(n) or state law; (3) "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer; and includes any handgun, rifle or shotgun; but shall not include an antique firearm as defined in 18 U.S.C. Section 921(16), a powder-actuated tool or other device designed to be used for construction purposes, an emergency flare or a firearm in permanently inoperable condition; (4) "immediate family member" means a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle; and (5) "sale" means the delivery or passing of ownership, possession or control of a firearm for a fee or other consideration, but does not include temporary possession or control of a firearm provided to a customer by the proprietor of a licensed business in the conduct of that business. D. Each party to an unlawful sale in violation of this section may be separately charged for the same sale. E. Each firearm sold contrary to the provisions of this section constitutes a separate offense under Subsection A of this section. F. Two or more offenses may be charged in the same complaint, information or indictment and shall be punished as separate offenses. G. Whoever violates the provisions of this section is guilty of a misdemeanor.

A "firearm" for this section includes "any firearm muffler or firearm silencer," so a sale of a suppressor between persons who are not licensed dealers, other than between immediate family members, falls under the background-check requirement (through a federal firearms licensee). It regulates sales, not possession, and has no NFA-registration exception. Rifles and shotguns are "firearms" under it regardless of barrel length.

30-7-3.1. Unlawful possession of a weapon conversion device; penalty.

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

A. Unlawful possession of a weapon conversion device consists of a person knowingly having in that person's possession an unlawfully obtained weapon conversion device or knowingly transporting an unlawfully obtained weapon conversion device. B. A person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony. C. As used in this section: (1) "fully automatic weapon" means a weapon that shoots, is designed to shoot automatically or can be readily restored to fire more than one cartridge or shell, without manual reloading, by a single function of the trigger; (2) "semiautomatic weapon" means a repeating rifle, shotgun or pistol, regardless of barrel or overall length, that uses a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round and that requires a separate function of the trigger to fire each cartridge or shell; and (3) "weapon conversion device" means a part or combination of parts designed and intended to convert a semiautomatic weapon into a fully automatic weapon.

This reaches auto-sear / conversion parts only, not suppressors, SBRs, SBSs or AOWs, and has no NFA-registration exception. Relevant to machine-gun conversion devices only.

N.M. Stat. Ann. 30-1-12 - "deadly weapon" definition (Criminal Code)

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted;

The definition has no barrel-length or silencer provision.

N.M. Stat. Ann. 30-7-2 - Unlawful carrying of a deadly weapon

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases: (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property; (3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; (4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or (5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [Chapter 29, Article 19 NMSA 1978]. B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm. C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.

Applies to concealed loaded carry of any firearm; not specific to NFA items.

N.M. Stat. Ann. 30-7-16 - Firearms or destructive devices; prohibited persons

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

A. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state: (1) a felon; (2) a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or (3) a person convicted of any of the following crimes: (a) battery against a household member pursuant to Section 30-3-15 NMSA 1978; (b) criminal damage to property of a household member pursuant to Section 30-3-18 NMSA 1978; (c) a first offense of stalking pursuant to Section 30-3A-3 NMSA 1978; or (d) a crime listed in 18 U.S.C. 921. B. A felon found in possession of a firearm shall be guilty of a third degree felony. C. A serious violent felon that is found to be in possession of a firearm shall be guilty of a third degree felony, and notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a basic term of six years imprisonment. D. Any person subject to an order of protection pursuant to Section 40-13-5 or 40- 13A-5 NMSA 1978 or convicted of a crime listed in Paragraph (3) of Subsection A of this section who receives, transports or possesses a firearm or destructive device is guilty of a misdemeanor. E. As used in this section: (1) except as provided in Paragraph (2) of this subsection, "destructive device" means: (a) any explosive, incendiary or poison gas: 1) bomb; 2) grenade; 3) rocket having a propellant charge of more than four ounces; 4) missile having an explosive or incendiary charge of more than one-fourth ounce; 5) mine; or 6) similar device; (b) any type of weapon by whatever name known that will, or that may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell that is generally recognized as particularly suitable for sporting purposes; or (c) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in this paragraph and from which a destructive device may be readily assembled; (2) the term "destructive device" does not include any device that is neither designed nor redesigned for use as a weapon or any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; (3) "felon" means a person convicted of a felony offense by a court of the United States or of any state or political subdivision thereof and: (a) less than ten years have passed since the person completed serving a sentence or period of probation for the felony conviction, whichever is later; (b) the person has not been pardoned for the felony conviction by the proper authority; and (c) the person has not received a deferred sentence; (4) "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon; and (5) "serious violent felon" means a person convicted of an offense enumerated in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L [N] of Section 33-2-34 NMSA 1978; provided that: (a) less than ten years have passed since the person completed serving a sentence or a period of probation for the felony conviction, whichever is later; (b) the person has not been pardoned for the felony conviction by the proper authority; and (c) the person has not received a deferred sentence and completed the total term of deferment as provided in Section 31-20-9 NMSA 1978. History: Laws 1981, ch. 225, § 1; 1987, ch. 202, § 1; 2001, ch. 89, § 1; 2018, ch. 74, § 4; 2019, ch. 253, § 1; 2020, ch. 54, § 2; 2022, ch. 56, § 26. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2025, ch. 79, § 4 and Laws 2025, ch. 29, § 1 amended 33-2-34 NMSA 1978, relettering subsections, effective June 20, 2025. The 2022 amendment, effective May 18, 2022, clarified the penalty for receipt, transportation or possession of a firearm or destructive device by a serious violent felon; in Subsection B, after "third degree felony", deleted "and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act"; added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and in Subsection E, added Paragraph E(5). The 2020 amendment, effective July 1, 2020, provided that the penalty for a felon in possession of a firearm or destructive device is a third degree felony; and in Subsection B, after "shall be guilty of a", deleted "fourth" and added "third", and after "Criminal Sentencing Act", deleted "provided that the violation of and the sentence imposed pursuant to this subsection shall be increased to a violation of and the sentence for a third degree felony if the person has previously been convicted of a capital felony or a serious violent offense provided in Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978". The 2019 amendment, effective July 1, 2019, expanded the categories of persons who cannot receive, transport or possess a firearm, and revised the definition of "firearm" as used in this section; in the section heading, deleted "a felon" and added "certain persons"; in Subsection A, in the introductory clause, after "unlawful for", deleted "a felon" and added "the following persons", and added Paragraphs A(1) through A(3); in Subsection B, deleted "Any person violating the provisions of this section" and added "A felon found in possession of a firearm", and after "provided in", deleted "Subparagraphs (a) through (n) of"; added a new Subsection C and redesignated former Subsection C as Subsection D; and in Subsection D, Paragraph D(4), after "such weapon", deleted "or any firearm muffler or firearm silencer. ‘Firearm’ includes any handgun, rifle or shotgun". The 2018 amendment, effective July 1, 2018, increased the penalty for a felon in possession of a firearm or destructive device if the person has previously been convicted of a capital felony or a serious violent offense, and provided clarifying language; in Subsection B, after "Criminal Sentencing Act", added the remainder of the subsection; and in Subsection C, Paragraph C(1), added "except as provided in Paragraph (2) of this subsection", at the end of Subparagraph C(1)(b), deleted "and" and added "or", added a new paragraph designation "(2)" and redesignated former Paragraphs C(2) and C(3) as Paragraphs C(3) and C(4), respectively. The 2001 amendment, effective July 1, 2001, added the Paragraph designation C(1)(c) and substituted "this paragraph" for "Paragraphs (1) and (2)" within that new paragraph; and rewrote the definition of "felon" in Paragraph C(2). The 1987 amendment, effective June 19, 1987, inserted "or destructive devices" in the catchline and "or destructive device" in Subsection A; substituted "fourth degree felony" for "misdemeanor" in Subsection B; and, in Subsection C, added present Paragraph (1) and redesignated former Paragraphs (1) and (2) as present Paragraphs (2) and (3). Felon in possession of a firearm statute comports with the principles underlying the Second Amendment. — Where defendant was convicted of being a felon in possession of a firearm, and where, after sentencing, defendant filed a motion to vacate the sentence imposed, arguing that felons are not categorically excluded from the protections of the constitution and the state cannot meet its burden to show a historical tradition of disarming felons, the district court did not err in denying defendant's motion, because 30-7-16(A)(1) NMSA 1978, is constitutional both facially and as applied to defendant, because the regulation of the right to bear arms by those who pose a threat to society is deeply rooted in the nation's historical traditions, and based on the evidence of defendant's prior felony convictions for distribution of a controlled substance, possession of a controlled substance, and escape from a community custody release program, the district court did not err in determining that defendant posed a threat to public safety. State v. Romero, 2026-NMCA-003, cert. denied. A conditional discharge is not a conviction. — Where the district court had entered a conditional discharge order in a prior criminal proceeding against defendant; the order was entered without an adjudication of guilt and with a sentencing term; defendant’s probation was subsequently revoked and defendant was placed back on probation; a year later, defendant’s probation was again revoked and the district court ordered that defendant be incarcerated; and the district court did not revoke defendant’s conditional discharge, the district court did not err by dismissing a later felon in possession charge against defendant on the ground that defendant’s conditional discharge had not been revoked and could not serve as the predicate felony for the felon in possession charge. State v. Harris, 2013-NMCA-031, 297 P.3d 374. Bullets as destructive devices. — Nothing in this section says that destructive devices as defined in the section are deadly weapons. It is unreasonable to construe this section to say that destructive devices are necessarily also deadly weapons as defined in Section 30-1-12B NMSA 1978. Even were .22 caliber cartridges to be considered destructive devices under Section 30-7-16, the bullets were not deadly weapons under Section 30-1-12B. State v. Galaz, 2003-NMCA-076, 133 N.M. 794, 70 P.3d 784, cert denied, 133 N.M. 771, 70 P.3d 761. Possession of firearms by felons. — The fact that New Mexico law does not forbid possession of firearms by those convicted of felonies more than 10 years ago does not preclude the federal government from doing so. United States v. Fuentes, 119 Fed. Appx. 248 (2004). Admission of unavailable accomplice's tape recorded custodial police interview was not harmless error because it provided only direct evidence that defendant held firearm, it contradicted state's otherwise circumstantial case, and defendant expressly denied ever holding firearm. State v. Johnson, 2004-NMSC-029, 136 N.M. 348, 98 P.3d 998, cert. denied, 543 U.S. 1177, 125 S. Ct. 1334, 161 L. Ed. 2d 162. No preemption by federal firearms act. — Although federal law excludes antique firearms from the proscription of receipt of firearms by certain convicted felons while this section does not, this section is not preempted by the federal law. State v. Haddenham, 1990-NMCA-048, 110 N.M. 149, 793 P.2d 279, cert. denied, 110 N.M. 72, 792 P.2d 49, and cert. denied, 110 N.M. 183, 793 P.2d 865. Proof of all three aspects not required for conviction. — Thus, the defendant could be convicted for the crime of felon transporting a firearm even though there was no evidence that he possessed or owned the firearm. This section prohibits receiving, transporting, or possessing any firearm; the use of the disjunctive "or" indicates that this section may be violated by any of the enumerated methods. State v. Dunsmore, 1995- NMCA-012, 119 N.M. 431, 891 P.2d 572. "Constructive" possession. — Where state could not prove that defendant had actual possession of gun, the state can rely on a theory of "constructive" possession; that defendant knew the gun was present and exercised control over it. State v. Garcia, 2004-NMCA-066, 135 N.M. 595, 92 P.3d 41, rev'd on other grounds, 2005-NMSC-017, 138 N.M. 1, 116 P.3d 72. Evidence sufficient for conviction of possession. — Documentary evidence of a prior felony conviction and defendant's numerous statements during the interrogation that he possessed several of the victim's firearms is sufficient evidence for the conviction of felon in possession of a firearm. State v. Lopez, 2005-NMSC-036, 138 N.M. 521, 123 P.3d 754, overruled on other grounds by State v. Frawley, 2007-NMSC- 057, 143 N.M. 7, 172 P.3d 144. Sufficient evidence of being a felon in possession of a firearm. — Where defendant was charged with being a felon in possession of a firearm after taking a gun inside a Las Cruces club, there was sufficient evidence to support the conviction, because based on evidence presented at trial that defendant told the officer that he was armed with a gun, a witness told the officer over the phone that defendant had a gun, and police recovered a handgun inside the club, a reasonable jury could have found that defendant had knowledge and control, and thereby possession, of a gun. State v. Jimenez, 2017-NMCA-039, cert. denied. Sufficient evidence of unlawful transportation of a firearm. — Where defendant was convicted of unlawful transportation of a firearm, and where defendant admitted that he was a felon at the time of the charged offense, and where the state presented evidence at trial that he was driving his accomplice around town and was aware that his accomplice had brought a gun into the car, there was sufficient evidence for a jury to find that defendant transported a firearm. State v. Torres, 2018-NMSC-013. Defense of duress is available against the charge of felon in possession of a firearm only when no reasonable alternatives are available — a reasonable felon would resort to possession of a firearm only when committing the offense is the only reasonable alternative. State v. Castrillo, 1991-NMSC-096, 112 N.M. 766, 819 P.2d 1324. District court properly refused to submit the defense of duress to the jury, where defendant, a convicted felon, could have contacted the police, or simply avoided his estranged wife after she smashed his car windshield, but instead he chose to arm himself by purchasing a handgun. State v. Castrillo, 1991-NMSC-096, 112 N.M. 766, 819 P.2d 1324. No exception for self-defense. — This statute does not exclude from its operation felons who are defending themselves. State v. Calvillo, 1990-NMCA-046, 110 N.M. 114, 792 P.2d 1157, cert. denied, 110 N.M. 72, 792 P.2d 49 (1991). Construed with 31-18-17 NMSA 1978. — Where defendants were convicted of the charge of felon in possession of a firearm contrary to 30-7-16 NMSA 1978, and the defendants were also sentenced as habitual offenders in accordance with 31-18-17 NMSA 1978, the trial court erred in sentencing the defendants as habitual offenders when the same prior felony convictions were relied upon to convict the defendants of the underlying offense of felon in possession of a firearm. State v. Haddenham, 1990- NMCA-048, 110 N.M. 149, 793 P.2d 279, cert. denied, 110 N.M. 72, 792 P.2d 49, and cert. denied, 110 N.M. 183, 793 P.2d 865. Use of prior felony. — The state was not prevented from using distinct felonies obtained in the same judgment and sentence for the separate purposes of enhancement under the felon in possession statute and the general habitual offender statute. State v. Calvillo, 1990-NMCA-046, 112 N.M. 140, 812 P.2d 794, cert. denied, 112 N.M. 77, 811 P.2d 575 (1991). In this case it did not matter that the state did not specify which of the two felonies it was relying on to prove the principal crime, whichever felony the jury relied on, there was an additional one available for sentence enhancement. If the jury relied on both, there is still no double jeopardy problem. State v. Dunsmore, 1995-NMCA-012, 119 N.M. 431, 891 P.2d 572. Details of the prior crime are irrelevant to prove the required element of the crime of being a felon in possession, and admission into evidence of the defendant's prior conviction of a firearms offense was reversible error. State v. Tave, 1996-NMCA-056, 122 N.M. 29, 919 P.2d 1094. Multiple uses of prior convictions does not violate double jeopardy. — Where defendant’s prior felony convictions were used to establish defendant’s status as a habitual offender for sentencing for attempted murder and to serve as the predicate felony for defendant’s conviction of felon in possession of a firearm, the double jeopardy clause was not violated. State v. Tafoya, 2012-NMSC-030, 285 P.3d 604. The felon in possession statute is insurmountably ambiguous as to the unit of prosecution. — Where defendant was charged with two counts of possession of a firearm by a felon after law enforcement officers, while executing a search warrant at defendant's residence, discovered two handguns in defendant's bedroom, and where, at a pretrial motion hearing, the district court, based on the facts in the state's criminal complaint, granted defendant's motion to dismiss one of the two counts for violating defendant's right to be free from double jeopardy, it was error for the district court to rule on the double jeopardy issue based on the limited record at the time of the motion hearing, because the felon in possession statute is insurmountably ambiguous as to the unit of prosecution and the district court did not address the second step of the unit of prosecution analysis to determine whether defendant's acts were separated by sufficient indicia of distinctness to justify multiple punishments under the same statute; the record did not adequately address the indicia for weapons possession, such as the timing of the gaining of possession of the weapons, the spacing between the weapons, the quality or nature of the weapons, and the results of the possession, and therefore defendant's motion did not present a purely legal issue resolvable under 5-601(C) NMRA and the district court erred by ruling on the merits of the motion without a stipulation of facts or an evidentiary hearing. State v. Gonzales, 2024-NMCA-062. Jury instruction. — In a prosecution for being a felon in possession of a firearm, it was reversible error for the court to use UJI 14-1701 NMRA naming the predicate offense, i.e., aggravated assault with a deadly weapon. State v. Tave, 1996-NMCA-056, 122 N.M. 29, 919 P.2d 1094. Unsubstantiated reference to drug dealer gun owner inappropriate. — Repeated references to defendant as a known drug dealer when the state lacked sufficient evidence to convict defendant of possession or distribution of illegal drugs, and instead relied on unsubstantiated hearsay to convince the jury defendant was a "known drug dealer" so, ipso facto, the shotgun must belong to him is prohibited and should be excluded. State v. Rael, 1994-NMCA-043, 117 N.M. 539, 873 P.2d 285. Restoration of firearms privileges. — Firearm privileges are automatically restored when a person successfully completes the period of a deferred sentence. 1988 Op. Att'y Gen. No. 88-03. Partial pardon by governor limiting right to use firearm. — The governor has the power under the New Mexico Constitution to grant a partial pardon conferring the right to vote and hold public office while denying the right to possess a firearm. 1992 Op. Att'y Gen. No. 92-09. Law reviews. — For note, "Evidence Law – Boundaries, Balancing, and Prior Felony Convictions: After United States v. Old Chief," see 28 N.M. L. Rev. 583 (1998). Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Weapons and Firearms § 24. Propriety of using single prior felony conviction as basis for offense of possessing weapon by convicted felon and to enhance sentence, 37 A.L.R.4th 1168. Sufficiency of evidence as to nature of firearm in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms, 37 A.L.R.4th 1179. Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788. What amounts to "control" under state statute making it illegal for felon to have possession or control of firearm or other dangerous weapon, 66 A.L.R.4th 1240. Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507. What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS § 5861, 133 A.L.R. Fed. 347. 94 C.J.S. Weapons § 2.

Prohibited-persons statute only; does not restrict ordinary civilians and has no NFA registration exception. Its definition of "firearm" does not mention silencers.

Post-ruling guidance and recent legislation

  • No NM attorney general, state police or agency statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter found as of 2026-10-12.
  • 2023 SB 171 ("Prohibit Automatic Firearm Sales"): as introduced, it would have prohibited the sale, transfer or acquisition of rifles with barrels under sixteen inches, shotguns under eighteen inches and silencers. Status: "Died (API.)", postponed indefinitely after a Senate committee do-pass with amendment on 2/07/23. Source: nmlegis.gov/Legislation/Legislation?chamber=S&legType=B… (retrieved 2026-10-12; status page shows "Died (API.)")
  • 2025 HB 38 ("Possession of Weapon Conversion Device"): a bill on conversion devices only, no suppressor, SBR or SBS provision. Status: "Died (API.)". Source: nmlegis.gov/Legislation/Legislation?chamber=H&legType=B… (retrieved 2026-10-12; status page shows "Died (API.)"). Separately, § 30-7-3.1 (above) is codified as Laws 2025, ch. 4, § 10.
  • 2026 SB 17 ("Stop Illegal Gun Trade Act"): passed the Senate 21-17 on 2/07/26 and received a do-pass from the House committee on 2/12/26; the status page shows "Died (API.)". The bill text has no suppressor, silencer, SBR or SBS provision. Source: nmlegis.gov/Legislation/Legislation?chamber=S&legType=B… (retrieved 2026-10-12; status page shows "Died (API.)")
  • No 2025 or 2026 enacted amendment to NFA-item law found: the current Chapter 30 compilation shows only Laws 2025, ch. 4 (§ 30-7-3.1) in Article 7 and no Laws 2026 citation in Article 7. I also found no 2025 or 2026 signed bill amending Article 7 other than that one.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

New York

Suppressors: Prohibited under state law

Short answer for New York: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: many fit New York's definition of a firearm, which is a felony to possess without an exemption, and disguised guns are separately restricted.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (possession is a class D felony; manufacture, transport and disposal are also class D felonies)Banned
SBRProhibited under state lawBanned for ordinary civilians (rifle with barrel under 16 in. is a "firearm"; no general civilian licensing exception for SBRs was found, an ordinary pistol license does not supply one, and the Penal Law has no federal-NFA exception).Banned
SBSProhibited under state lawBanned for ordinary civilians (shotgun with barrel under 18 in. is a "firearm")Banned
AOWUnsettledMostly banned or licensed: AOW shapes fall under "firearm" (sawed-off or altered long guns under 26 in. overall, other concealable weapons) or "disguised gun" (manufacture, transport and dealing are class D felonies).Banned

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal. The New York statutes contain no exception tied to NFA registration or federal compliance for ordinary civilians, so federal non-enforcement appears to change nothing under state law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in New York: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

New York treats these items through a few overlapping rules. A "firearm silencer" is defined by function. Possession is a class D felony (265.02(2)), as are manufacture (265.10(1)), transport (265.10(2)) and disposal (265.10(3)). The only exemption I found (265.20(a)(8)) covers manufacturers and dealers supplying police, prisons or the military, plus repair and research. It names no NFA, tax-stamp or federal-compliance route for private owners.

SBRs and SBSs are not named as such, but the definition of "firearm" in 265.00(3) includes a rifle with a barrel under 16 inches, a shotgun with a barrel under 18 inches, and weapons made from a rifle or shotgun that end up under 26 inches overall. Possession of a "firearm" is a misdemeanor under 265.01 and can become a felony under other sections. Section 265.20(a)(3) exempts possession of a pistol or revolver under a license issued under Penal Law art. 400; I found no general license exception for short-barreled rifles or shotguns. Many AOWs also meet the "firearm" definition (and concealed-gun-in-disguise devices meet "disguised gun"). The text contains no clause such as "registered under the National Firearms Act" or "lawful under federal law" for civilians. The only federal-law reference (265.20(a)(1)(d)) is for persons in federal service.

Because the statute does not make federal registration or federal legality the test, ATF's Oct. 9, 2026 non-enforcement position appears not to change the state analysis. Unregistered or registered, the items appear to remain unlawful for ordinary civilians. This is my interpretation of the text above. Penalties: class A misdemeanor (265.01), class D felony (265.02, 265.10).

Statutory text

Note: subdivisions not relevant to NFA-type items are omitted with [...].

N.Y. Penal Law § 265.00 — Definitions

Source: nysenate.gov/legislation/laws/PEN/265.00 (retrieved 2026-10-12; page shows "most recent revision (from 2026-08-28)")

1. "Machine-gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun, and also includes any convertible pistol that is equipped with a pistol converter.

2. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon; or (f) any other weapon that is not otherwise defined in this section containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive. For the purpose of this subdivision the length of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm.

[...] 20. "Disguised gun" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be either; (a) something other than a gun; or (b) a toy gun [...]

[...] 26. "Rapid-fire modification device" means any bump stock, trigger crank, binary trigger system, burst trigger system, pistol converter, or any other device that is designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun.

The definitions do not refer to the National Firearms Act.

N.Y. Penal Law § 265.01 — Criminal possession of a weapon in the fourth degree

Source: nysenate.gov/legislation/laws/PEN/265.01 (retrieved 2026-10-12; page shows "most recent revision (from 2024-11-29)")

A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shuriken, or throwing star; [...] Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Simple possession of any "firearm" (which includes SBRs and SBSs) is a class A misdemeanor under this section unless an exemption in 265.20 applies. Section 265.01-b separately provides: "A person is guilty of criminal possession of a firearm when he or she: (1) possesses any firearm" and "Criminal possession of a firearm is a class E felony." Source: newyork.public.law/laws/n.y._penal_law_section_265.01-b (retrieved 2026-10-13; a republication of the nysenate.gov text). Felony charges can also arise under 265.02 and related sections.

N.Y. Penal Law § 265.02 — Criminal possession of a weapon in the third degree

Source: nysenate.gov/legislation/laws/PEN/265.02 (retrieved 2026-10-12; page shows "most recent revision (from 2022-07-08)")

A person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or

(2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or

(3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or

[...] (6) Such person knowingly possesses any disguised gun; or (7) Such person possesses an assault weapon; or (8) Such person possesses a large capacity ammunition feeding device; or [...]

Criminal possession of a weapon in the third degree is a class D felony.

N.Y. Penal Law § 265.10 — Manufacture, transport, disposition and defacement of weapons

Source: nysenate.gov/legislation/laws/PEN/265.10 (retrieved 2026-10-12; page shows "most recent revision (from 2026-08-28)")

1. Any person who manufactures or causes to be manufactured any machine-gun, ghost gun, unfinished frame or receiver, firearm silencer, major component of a firearm, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony. Any person who manufactures or causes to be manufactured any rapid-fire modification device is guilty of a class E felony. [...]

2. Any person who transports or ships any machine-gun, ghost gun, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class D felony. Any person who transports or ships any rapid-fire modification device is guilty of a class E felony. [...]

3. Any person who disposes of any machine-gun, assault weapon, large capacity ammunition feeding device or firearm silencer is guilty of a class D felony. Any person who disposes of any rapid-fire modification device is guilty of a class E felony. [...]

N.Y. Penal Law § 265.20 — Exemptions

Source: nysenate.gov/legislation/laws/PEN/265.20 (retrieved 2026-10-12; page shows "most recent revision (from 2026-08-28)")

a. Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37, 265.50, 265.55 and 270.05 shall not apply to: 1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.01-c, 265.02, 265.03, 265.04, 265.05, 265.50, 265.55 and 270.05 by the following: [...] (d) Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same. [...]

8. The manufacturer of machine-guns, firearm silencers, assault weapons, large capacity ammunition feeding devices, rapid-fire modification devices, disguised guns, pilum ballistic knives, switchblade or gravity knives, billies or blackjacks as merchandise, or as a transferee recipient of the same for repair, lawful distribution or research and development, and the disposal and shipment thereof direct to a regularly constituted or appointed state or municipal police department, sheriff, police officer or other peace officer, or to a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, or to the military service of this state or of the United States; or for the repair and return of the same to the lawful possessor or for research and development.

No paragraph of 265.20 (read in full) exempts ordinary civilians for NFA-registered or federally lawful silencers, SBRs, SBSs or AOWs, and the section never mentions the National Firearms Act. Para. 3 covers only licensed pistols/revolvers and registered assault weapons (state registration under Penal Law 400.00(16-a)).

Related provisions

  • Penal Law § 265.00(22): assault weapon definition (semiautomatic rifles, shotguns and pistols with listed features); a short-barreled semiautomatic with listed features could be caught independently.
  • No New York hunting-with-suppressor provision found; suppressors are banned.
  • No Firearms Freedom Act found.
  • Federal-law note from ATF: GCA interstate transport approval for SBRs/SBSs (Form 20) is not changed.

Post-ruling guidance and recent legislation

  • No statement from the New York Attorney General, State Police or other agency found as of 2026-10-12.
  • 2025-2026 legislation amending these sections: None found as of 2026-10-12.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

North Carolina

Suppressors: Unsettled

Short answer for North Carolina: The answer for suppressors, SBRs, SBSs and AOWs is unsettled. For AOWs it depends on the item: only those that fit the statute's definitions, such as a bore over half an inch or a short rifle or shotgun type, are covered.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (felony unless possessed "in compliance with" NFA, 26 U.S.C. Ch. 53)Federal compliance (cites NFA chapter by number; does not say "registered")
SBRUnsettledRestricted, with an exception (same)Federal compliance
SBSUnsettledRestricted, with an exception (same)Federal compliance
AOWUnsettledMostly not named. Only AOWs that are firearms with a bore over 1/2 inch (a shotgun or shotgun shell particularly suitable for sporting purposes is excepted), or that are SBR/SBS-type or fully automatic, are caught; other AOWs appear not to be restricted.Federal compliance for those caught; otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — The exception requires the weapon be lawfully possessed or owned "in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871." The NFA statutes remain on the books and ATF has only declined to enforce them, so whether an unregistered item is "in compliance" is open; the risk is a Class F felony.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In North Carolina, the exception for suppressors, SBRs, SBSs and AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

North Carolina has no separate suppressor, SBR or SBS statute. All of them are swept into the "weapon of mass death and destruction" definition in § 14-288.8(c)(3): any silencer, any shotgun under 18 inches barrel or 26 inches overall, and any rifle under 16 inches barrel or 26 inches overall. Machine guns and large-bore weapons also fall under it. Possession, manufacture, sale or transport is a Class F felony.

The exception, § 14-288.8(b)(5), covers persons who "lawfully possess or own" the weapon "in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871." It names the NFA chapter, not "registration" or a tax stamp. That is closest to federal compliance, but it ties compliance to the whole NFA chapter, which includes the registration, approval and transfer provisions (the statute's second sentence also references the sheriff's role on ATF paperwork, historically the CLEO sign-off).

Interpretation (not text): after the Oct. 9 letter the NFA is not repealed and ATF only declines to enforce. Under one reading, an unregistered item is not "in compliance with" Chapter 53 because Chapter 53 still requires registration. ATF's policy does not itself establish that an unregistered item is lawfully possessed or in compliance for purposes of this state exception, and I found no controlling state interpretation. For plaintiffs covered by the Silencer Shop injunction the federal provisions cannot be enforced, which is a separate question from what the state exception requires. The text does not resolve this, and the penalty is a felony, so the risk is significant; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. A registration that covers the current lawful possessor supports the exception; registration alone does not establish compliance with every requirement. Non-NFA-registered items in NC (e.g., homemade suppressors made without Form 1) are the uncertain group.

The (c) definition's AOW coverage appears narrow: AOWs are not named, so only those with a bore over 1/2 inch, or that otherwise meet the SBR/SBS/MG descriptions, appear to be caught.

Statutory text

N.C. Gen. Stat. § 14-288.8 — Weapon of mass death and destruction; exceptions

Source: ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Ch… (retrieved 2026-10-12; page shows no currency note; history line ends "2011-268, s. 8")

§ 14-288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions.

(a) Except as otherwise provided in this section, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.

(b) This section does not apply to any of the following: [...]

(2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses. [...]

(5) 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. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

(c) The term "weapon of mass death and destruction" includes: [...]

(2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; or

(3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or

(4) Any combination of parts either designed or intended for use in converting any device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled.

The term "weapon of mass death and destruction" does not include any device which is neither designed nor redesigned for use as a weapon; [...] or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting purposes, in accordance with Chapter 44 of Title 18 of the United States Code.

(d) Any person who violates any provision of this section is guilty of a Class F felony.

(Also (c)(1): explosive or incendiary bombs, grenades, rockets over 4 oz. propellant, missiles, mines; omitted here.)

N.C. Gen. Stat. § 113-291.1(c)(2) — Hunting; prohibited items

Source: ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Ch… (retrieved 2026-10-12; history line ends "2019-204, s. 11")

(c) It is a Class 1 misdemeanor for any person taking wildlife to have in his possession any: (1) Repealed by Session Laws 2013-369, s. 23, effective October 1, 2013. (2) Weapon of mass death and destruction as defined in G.S. 14-288.8, other than a suppressor or other device designed to muffle or minimize the report of a firearm or short-barreled rifle that is lawfully possessed by a person in compliance with 26 U.S.C. Chapter 53 §§ 5801-5871.

N.C. Gen. Stat. § 14-409.40(a), (b) — Statewide uniformity of local regulation

Source: ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Ch… (retrieved 2026-10-12; history in subsection (h) ends 2015-195, s. 12)

(a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

(b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts. [...]

Related provisions

  • Section 113-291.1(c)(2) excludes a suppressor possessed in compliance with 26 U.S.C. Ch. 53 from the hunting-possession offense; the former hunting ban was repealed by S.L. 2013-369, s. 23, effective Oct. 1, 2013.
  • Local preemption: § 14-409.40.
  • No state "Firearms Freedom Act" for suppressors found.
  • No state assault-weapon ban in NC. Concealed carry § 14-269 does not address suppressors or short-barreled firearms.
  • Sheriff role: § 14-288.8(b)(5) preserves sheriff discretion in executing ATF paperwork (the CLEO certification); that role may be moot or changed after the ATF letter.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 (no NC Attorney General, SBI or Wildlife Resources Commission statement located; no 2025-2026 amendment to § 14-288.8 or § 113-291.1 found; the statute pages show no amendments after 2011 and 2019 respectively).

Case law and AG opinions

  • State v. Watterson, 198 N.C. App. 500 (N.C. Ct. App. 2009) — static.case.law/nc-app/198/cases/0500-01.json (Caselaw Access Project text). Applied the Staples factors to § 14-288.8 and declined to read a requirement that the defendant know the barrel was under 18 inches; the court said it did not believe the Legislature intended "such a substantial burden on the prosecution." It does not construe the (b)(5) federal-compliance exception. Relevant only as showing NC reads the statute as close to strict on the item's characteristics, so a mistaken belief that an item is lawful is unlikely to help on the barrel/silencer element.

Net effect: Watterson does not address the exception, so the unregistered-item question stays open. If anything, Watterson's lenient-to-prosecution reading of the statute's scope suggests courts would not stretch it in a defendant's favor, but it is not directly on point.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

North Dakota

Suppressors: Unsettled

Short answer for North Dakota: The answer for suppressors, SBRs, SBSs and AOWs is unsettled.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (felony unless "complied with the National Firearms Act")Federal compliance (the wording is "complied with the NFA")
SBRUnsettledRestricted, with an exception (class C felony unless "complies with the National Firearms Act")Federal compliance (the wording is "complies with the NFA")
SBSUnsettledSame as SBRFederal compliance (the wording is "complies with the NFA")
AOWUnsettledMay be within "any other federally licensed firearm or dangerous weapon" in 62.1-05-01 (the cautious assumption is that it is); same NFA-compliance condition.Federal compliance (the wording is "complied with the NFA"); coverage unclear

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — the exceptions say a person who "has complied with" / "complies with" the National Firearms Act. If the NFA's approval and registration steps are no longer enforced, it is unresolved whether an unregistered item counts as "complying"; the text does not say "registered," but compliance naturally reads as meeting the NFA's requirements, which remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In North Dakota, the exception for suppressors, SBRs, SBSs and AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

ND restricts suppressors, machine guns, bombs and "any other federally licensed firearm or dangerous weapon" under § 62.1-05-01, and SBRs/SBSs under § 62.1-02-03. Both are class C felonies. Both are keyed to the NFA with an "unless" clause: § 62.1-05-01 requires that the person "has complied with the National Firearms Act"; § 62.1-02-03 exempts "any person who complies with the National Firearms Act." Neither says "registered" or "tax stamp," so this is not a pure federal registration exception, but it is not a generic "lawful under federal law" clause either; it incorporates the NFA's requirements (application, approval, registration, tax).

Interpretation (not text): the NFA statutes are not repealed, and ATF's Oct. 9 letter is enforcement discretion. A prosecutor could argue an unregistered item did not "comply" with the NFA. The SBR/SBS clause uses present tense "complies" (status-based). How this wording applies to an unregistered item is untested. The cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. The AOW point: AOWs are not named; "any other federally licensed firearm or dangerous weapon" is vague and may or may not capture them. Suppressors and SBRs/SBSs made post-letter without Form 1 are the riskiest case. The definitions use the federal barrel-length thresholds and the under-26-inch overall-length threshold for firearms made from rifles or shotguns.

Statutory text

Text below is from the official ND Legislative Branch Century Code PDFs, retrieved 2026-10-12. The PDFs show no currency date on their face; re-downloaded 2026-10-13, their file metadata shows they were generated June 30, 2025, after the 2025 session, and the quoted text is unchanged.

N.D.C.C. § 62.1-05-01 — Possession and sale of machine guns, automatic rifles, silencers, and bombs

Source: ndlegis.gov/cencode/t62-1c05.pdf (retrieved 2026-10-12; official PDF shows no currency date)

1. A person may not purchase, sell, have, or possess a machine gun, fully automatic rifle, silencer, or bomb loaded with explosives or poisonous or dangerous gases, or any other federally licensed firearm or dangerous weapon unless that person has complied with the National Firearms Act [26 U.S.C. 5801-5872].

2. A person who violates this section is guilty of a class C felony. Upon arrest of that person, the firearm or dangerous weapon must be seized. Upon conviction [...] the firearm or dangerous weapon must be forfeited [...]

N.D.C.C. § 62.1-05-02 — Persons exempt from chapter

Source: ndlegis.gov/cencode/t62-1c05.pdf (retrieved 2026-10-12; official PDF shows no currency date)

This chapter does not apply to: 1. The authorized agent and a servant of a person who has a license to purchase, sell, have, or possess a machine gun, submachine gun, fully automatic rifle, silencer, or a bomb loaded with explosives or poisonous or dangerous gases. 2. Any officer or member of a duly authorized military organization while on official duty [...] 3. A North Dakota law enforcement officer. 4. Any federal officer authorized by the federal government to have or possess a machine gun, submachine gun, fully automatic rifle, silencer, or bomb [...]

N.D.C.C. § 62.1-05-03 — Chief law enforcement officer certification

Source: ndlegis.gov/cencode/t62-1c05.pdf (retrieved 2026-10-12; official PDF shows no currency date)

2. When a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer, within thirty days of receipt of a request for certification, shall provide the certification if the applicant is not prohibited by law from receiving or possessing the firearm [...] ("Firearm" has the same meaning as provided in the National Firearms Act [26 U.S.C. § 5845(a)].)

N.D.C.C. § 62.1-02-03 — Possession or sale of short-barreled rifle or shotgun

Source: ndlegis.gov/cencode/t62-1c02.pdf (retrieved 2026-10-12; official PDF shows no currency date)

A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun is guilty of a class C felony. This section does not apply to a law enforcement officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in the course of or in connection with the officer's official duties, to a member of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations who possesses or uses a short-barreled rifle or short-barreled shotgun issued to the member by that organization and while on official duty, or to any person who complies with the National Firearms Act [26 U.S.C. 5801-5872].

(Section title: "Possession or sale of short-barreled rifle or shotgun - Penalty - Application.")

N.D.C.C. § 62.1-01-01 — Definitions (excerpts)

Source: ndlegis.gov/cencode/t62-1c01.pdf (retrieved 2026-10-12; PDF shows no currency date)

14. "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches [40.64 centimeters] in length and any firearm made from a rifle, whether by alteration, modification, or otherwise, if the firearm, as modified, has an overall length of less than twenty-six inches [66.04 centimeters].

15 "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches [45.72 centimeters] in length and any firearm made from a shotgun, [...] if the firearm, as modified, has an overall length of less than twenty-six inches [66.04 centimeters].

17. "Silencer" means any device for or attached to any firearm which will silence or deaden the sound or natural report of the firearm when it is discharged.

N.D.C.C. § 62.1-01-03.1 — Federal firearms laws - Limitations on enforcement

Source: ndlegis.gov/cencode/t62-1c01.pdf (retrieved 2026-10-12; PDF shows no currency date)

Subsections 2.a-c are omitted from the excerpt: a. court finds probable cause of a national security threat; b. violation also a violation of Title 62.1; c. violation also of ch. 12.1-16, 12.1-17, 12.1-18, 12.1-20, 12.1-41 or 19-03.1.

2. An agency or political subdivision of the state and a law enforcement officer [...] may not provide assistance to a federal agency or official or act independently with respect to the investigation, prosecution, or enforcement of a violation of a federal statute, order, rule, or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition enacted after January 1, 2021, if the federal statute, order, rule, or regulation is more restrictive than state law, unless: [...]

Related provisions

  • N.D.C.C. § 62.1-01-03 (ndlegis.gov/cencode/t62-1c01.pdf): subsection 1 provides that a political subdivision "may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void." Subsection 5 gives an aggrieved person a civil action for damages against a political subdivision.
  • § 62.1-05-03 requires CLEO certification within 30 days where federal law requires it; moot as federal CLEO notice has been replaced, but still on the books.
  • No state-level assault-weapon ban found.

Post-ruling guidance and recent legislation

  • No ND-specific guidance on the ATF Open Letter or amendments to §§ 62.1-02-03 / 62.1-05-01 found as of 2026-10-12.
  • Sept. 4, 2026: North Dakota's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address North Dakota law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Ohio

Suppressors: Registration or other requirements apply

Short answer for Ohio: Registration or other requirements apply to suppressors, SBRs and SBSs. The answer for AOWs is unsettled. For AOWs it depends on the item: one that is a sawed-off firearm or zip-gun is covered, and others are not named.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (a "dangerous ordnance"; possession is a felony unless an exception applies; the civilian exception is NFRTR registration, or hunting use under R.C. 1533.04)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (a rifle under 16" barrel or under 26" overall is a "sawed-off firearm", hence dangerous ordnance)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (a shotgun under 18" barrel or under 26" overall is a "sawed-off firearm")Federal registration
AOWUnsettledUnclear (no AOW category; coverage depends on whether the item is a sawed-off firearm, zip-gun, etc. Smooth-bore pistols and similar items are not named)Federal registration where caught

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal (on the text) — R.C. 2923.17(C)(5) exempts only "owners of dangerous ordnance registered in the national firearms registration and transfer record", so an item that is not in the NFRTR has no registration exemption, and the hunting-suppressor exception itself also requires NFA registration. Section 2923.17(C)(7) separately exempts holders of a state license or temporary permit issued under R.C. 2923.18, a discretionary route for specified purposes. Ohio's felony of the fifth degree applies regardless of ATF's enforcement discretion.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Ohio, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Ohio does not regulate these items by a state registry. It defines "dangerous ordnance" to include any "firearm muffler or suppressor" and any "sawed-off firearm" (rifle barrel under 16", shotgun barrel under 18", or either under 26" overall), plus automatic firearms. Knowingly acquiring, having, carrying or using dangerous ordnance is a fifth-degree felony. Ordinary civilians have two relevant exceptions: R.C. 2923.17(C)(5) for "owners of dangerous ordnance registered in the national firearms registration and transfer record", and (C)(8) for suppressors on hunting guns; but R.C. 1533.04(A) conditions that hunting use on the person having "registered the suppressor in accordance with the 'National Firearms Act'", so (C)(8) is also a registration exception. The wording is a pure federal registration exception, not a general "lawful under federal law" exception. Other exceptions that say "lawfully ... under ... applicable federal law" (C)(2), (3), (6) are limited to licensed explosives/DD dealers and carriers.

Interpretation (not text): after the ATF Open Letter, a person who makes or buys a suppressor or SBR/SBS without an NFRTR entry does not fit (C)(5). ATF's non-enforcement does not change what the NFRTR contains, so the plain text suggests state liability. The hunting exception covers only hunting use and also requires NFA registration. Items already in the NFRTR remain covered. AOWs are not named; a given AOW is caught only if it is a sawed-off firearm, zip-gun, or other listed item. Penalty: felony of the fifth degree.

Statutory text

R.C. 2923.17 — Unlawful possession of dangerous ordnance

Source: codes.ohio.gov/ohio-revised-code/section-2923.17 (retrieved 2026-10-12; page shows "Effective: March 23, 2015; Latest Legislation: House Bill 234 - 130th General Assembly"; the site says LSC updates on an ongoing basis, so a 2026 amendment could lag, but none found)

(A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.

[...]

(C) Division (A) of this section does not apply to:

(1) Officers, agents, or employees of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, and law enforcement officers, to the extent that any such person is authorized to acquire, have, carry, or use dangerous ordnance and is acting within the scope of the person's duties;

[...]

(3) Importers, manufacturers, and dealers having a license to deal in destructive devices or their ammunition, issued and in effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 923, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law;

[...]

(5) Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.

(6) Carriers, warehouses, and others engaged in the business of transporting or storing goods for hire, with respect to dangerous ordnance lawfully transported or stored in the usual course of their business and in compliance with the laws of this state and applicable federal law;

(7) The holders of a license or temporary permit issued and in effect pursuant to section 2923.18 of the Revised Code, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used for the purposes and in the manner specified in such license or permit;

(8) Persons who own a dangerous ordnance that is a firearm muffler or suppressor attached to a gun that is authorized to be used for hunting by section 1533.16 of the Revised Code and who are authorized to use such a dangerous ordnance by section 1533.04 of the Revised Code.

(D) Whoever violates division (A) of this section is guilty of unlawful possession of dangerous ordnance, a felony of the fifth degree.

R.C. 2923.11 — Definitions

Source: codes.ohio.gov/ohio-revised-code/section-2923.11 (retrieved 2026-10-12; page shows "Effective: March 28, 2019; Latest Legislation: House Bill 86 - 133rd General Assembly")

(E) "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.

(F) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall. "Sawed-off firearm" does not include any firearm with an overall length of at least twenty-six inches that is approved for sale by the federal bureau of alcohol, tobacco, firearms, and explosives under the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the bureau not to be regulated under the "National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5845(a).

[...]

(K) "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

(2) Any explosive device or incendiary device;

[...]

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

(5) Any firearm muffler or suppressor;

(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

(L) "Dangerous ordnance" does not include any of the following:

[...]

(2) Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;

[...]

(6) Any device that is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations issued under that act;

(7) Any firearm with an overall length of at least twenty-six inches that is approved for sale by the federal bureau of alcohol, tobacco, firearms, and explosives under the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the bureau not to be regulated under the "National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5845(a).

R.C. 1533.04 — Use of suppressor (hunting)

Source: codes.ohio.gov/ohio-revised-code/section-1533.04 (retrieved 2026-10-12; page shows "Effective: March 23, 2015; Latest Legislation: House Bill 234 - 130th General Assembly")

(A) A person who holds a valid hunting license issued under this chapter and who hunts game birds or wild quadrupeds may use a suppressor attached to a gun that is authorized to be used for hunting by section 1533.16 of the Revised Code while hunting, provided that the person is authorized to possess the suppressor under state and federal laws and has registered the suppressor in accordance with the "National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841, et seq., as amended.

(B) As used in this section, "suppressor" means any device used for diminishing the sound of any shot, bullet, or projectile that is discharged from a gun that is authorized to be used for hunting by section 1533.16 of the Revised Code.

R.C. 1533.16 (same site; effective Oct. 20, 1994) only lists lawful methods of taking game (gun, bow, etc.; no gun larger than ten gauge) and does no work here.

R.C. 2923.18 — Dangerous ordnance license / temporary permit

Source: codes.ohio.gov/ohio-revised-code/section-2923.18 (retrieved 2026-10-12; "Effective: April 12, 2021; Senate Bill 140 - 133rd General Assembly")

Excerpt: a sheriff, safety director or police chief may issue a license or temporary permit "to acquire, possess, carry, or use dangerous ordnance" for listed purposes (contractors, farmers (explosives), scientists/instructors, armored-car guards, and "in the discretion of the issuing authority, any responsible person, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used for a legitimate research, scientific, educational, industrial, or other proper purpose"). Application fee $50 (license) / $5 (temporary). Discretionary and purpose-limited.

Related provisions

  • R.C. 2923.18 — local-issued discretionary license/temporary permit for dangerous ordnance.

Post-ruling guidance and recent legislation

  • No Ohio AG, State Highway Patrol or other agency statement on the Aug. 5 ruling or the Oct. 9 Open Letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Ohio law).
  • Sept. 4, 2026: Ohio's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Ohio law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Oklahoma

Suppressors: No item-specific restriction found

Short answer for Oklahoma: I found no item-specific state restriction on possessing suppressors; general firearm laws still apply. The answer for SBRs, SBSs and AOWs is unsettled. For AOWs it depends on the item: one that fires shot through a barrel under 18 inches can fit Oklahoma's sawed-off shotgun definition. Separately, Oklahoma bars using a suppressor to take game unless it is federally registered.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state possession restriction found. Separately, 29 O.S. § 5-201(A)(5) bars using a suppressor to kill or capture game "unless it is registered in compliance with the requirements of federal law."None needed
SBR ("sawed-off rifle": barrel < 16 in, or made from a rifle with OAL < 26 in)UnsettledFelony possession, unless firearm is "lawfully possessed under federal law" or "not regulated as a 'firearm' pursuant to the NFA"Federal compliance
SBS ("sawed-off shotgun": barrel < 18 in and OAL < 26 in)UnsettledSame as SBRFederal compliance
AOWUnsettledIt depends on the item. The "sawed-off shotgun" definition in § 1289.18(A) covers any firearm that fires a series of projectiles through a barrel under 18 inches, unless it is 26 inches or longer overall, so an AOW that fires shot can fit it. Other AOWs are not named.Federal compliance where the definition applies; otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear - the exception reads "lawfully possessed under federal law" without naming registration, so it can be read as covering an unregistered SBR/SBS if federal law does not currently prohibit it, or as not covering it because the NFA statutes remain on the books; the text has not been tested, and the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. The same caution applies to hunting: the wildlife statute ties suppressor use to registration "in compliance with the requirements of federal law," so I would not assume an unregistered suppressor may be used to take game.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Oklahoma, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Oklahoma's only NFA-type item offense located is 21 O.S. § 1289.18, which makes it a felony (Class D2, up to $1,000 fine and imprisonment under 21 O.S. § 20O) to knowingly possess a "sawed-off shotgun" (barrel under 18 in. unless OAL is 26 in. or more) or "sawed-off rifle" (barrel under 16 in., or made from a rifle with OAL under 26 in.). Subsection D exempts any firearm "lawfully possessed under federal law" or "otherwise not regulated as a 'firearm' pursuant to the National Firearms Act". This is a federal compliance exception, not a federal registration one: the older 2011-era text required introducing the approved NFA application form, but the 2019 rewrite (per SB 24) drops that requirement. I reviewed the full text of Title 21 (including all of Chapter 53, Manufacture, Sale, and Wearing of Weapons), Title 29 (Game and Fish) and Title 63 (Public Health and Safety) for "silencer," "suppressor," "muffler," "short-barreled," "sawed-off" and "any other weapon". Outside § 1289.18 and the felon-possession cross-reference in § 1283, the only hit relevant here is the wildlife statute, 29 O.S. § 5-201(A)(5), which bars using an unregistered suppressor to take game and adds penalties for taking certain wildlife with a suppressed firearm. I found no general state suppressor possession offense, no AOW offense, and no Oklahoma-specific registration scheme. Oklahoma's own chief-law-enforcement-officer certification statute, § 1289.30, only operates where federal law requires a certification.

Interpretation (not text): after the Oct. 9 ATF letter, ATF's policy does not itself establish that an unregistered item is lawfully possessed or in compliance for purposes of this state exception, and I found no controlling state interpretation. The $0 tax does not by its terms change the federal definition of a firearm. The cautious reading is that the NFA statutes are unrepealed and ATF's position is only enforcement discretion, so a prosecutor could argue an unregistered item is not "lawfully" possessed. The cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Oklahoma was itself a plaintiff state in the Texas case, but that does not settle how the state statute applies.

Statutory text

21 O.S. § 1289.18 - Definitions (Oklahoma Firearms Act of 1971)

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=6… (retrieved 2026-10-12; OSCN 2026, history ends "Amended by Laws 2025, HB 2104, c. 486, § 598, eff. January 1, 2026")

A. "Sawed-off shotgun" shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using a combustible propellant charge, but does not include any weapon so designed with a barrel less than eighteen (18) inches in length, provided it has an overall length of twenty-six (26) inches or more.

B. "Sawed-off rifle" shall mean any rifle having a barrel or barrels of less than sixteen (16) inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than twenty-six (26) inches in length, including the stock portion.

C. Every person who knowingly has in his possession or under his immediate control a sawed-off shotgun or a sawed-off rifle, whether concealed or not, shall upon conviction be guilty of a Class D2 felony offense for the possession of such device, and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment as provided for in subsections B through F of Section 20O of this title, or both such fine and imprisonment.

D. This section shall not apply to any firearm that is lawfully possessed under federal law or that is otherwise not regulated as a "firearm" pursuant to the National Firearms Act.

E. The term "firearm" as used in this section and in the Oklahoma Firearms Act of 1971, shall not include an "antique firearm" as defined in 18 U.S.C., Section 921 (2006).

The 2019 SB 24 enrolled text (oklegislature.gov/cf_pdf/2019-20 ENR/SB/SB24 ENR.PDF) is consistent with subsection D and replaced the older registration-form defense.

21 O.S. § 1289.4 and § 1289.5 - Definitions of "rifles" and "shotguns" (Oklahoma Firearms Act of 1971)

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=6… (retrieved 2026-10-12; § 1289.4 history ends "Amended by Laws 1995, SB 3, c. 272, § 42, eff. September 1, 1995")

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=6… (retrieved 2026-10-12; OSCN 2026, history ends "Amended by Laws 2019, SB 24, c. 63, § 2, eff. November 1, 2019")

"Rifles" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than sixteen (16) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include archery equipment, flare guns or underwater fishing guns. ...

"Shotguns" as used in the Oklahoma Firearms Act of 1971, shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than eighteen (18) inches in length, and using a combustible propellant charge, but not to include any weapon so designed with a barrel less than eighteen (18) inches in length unless the overall length of the firearm is twenty-six (26) inches or more. ...

21 O.S. § 1283(A), (H) - Convicted felons and delinquents

Source: oklegislature.gov/OK_Statutes/CompleteTitles/os21.rtf (retrieved 2026-10-12; official complete Title 21, history ends "Laws 2025, c. 486, § 130, eff. Jan. 1, 2026")

A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.

H. For purposes of this section, "sawed-off shotgun" or "sawed-off rifle" shall mean any shotgun or rifle which the barrel or barrels have been illegally shortened in length.

29 O.S. § 5-201(A)(5), (E), (H)(3) - Means of taking wildlife (suppressors)

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=7… (retrieved 2026-10-12; OSCN 2026, history ends "Amended by Laws 2021, HB 1112, c. 29, § 1, eff. November 1, 2021")

A. Except as otherwise provided for in this section or in rules promulgated by the Wildlife Conservation Commission, no person may utilize at any time, for the purpose of killing or capturing any game mammal, game bird, nongame bird or exotic wildlife, the following means: ... 5. Any device which noticeably suppresses noise from a firearm, commonly known as a suppressor or silencer, unless it is registered in compliance with the requirements of federal law.

E. Nothing in this section shall be construed to exempt any person using a device as described in paragraph 5 of subsection A of this section from the requirements and provisions of federal law, federal regulations and federal tax requirements for lawful use of the device.

H. 1. Any person convicted of violating the provisions of subsection A of this section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

...

3. Any person convicted of a wildlife offense which involves a species of wildlife listed in Section 5-411 of this title, involves a species of wildlife referenced in Section 5-412 of this title or involves the unlawful possession, taking or killing of the wildlife from an unlawful hunt, chase, trap, capture, shooting, killing or slaughter while using a suppressed firearm during the commission of the wildlife offense, in addition to any other penalty otherwise provided for in law, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of the person be revoked for a period of not less than one (1) year but not exceeding five (5) years.

21 O.S. § 1289.24(A)(1), (B) - State preemption

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=6… (retrieved 2026-10-12; OSCN 2026, history ends "Amended by Laws 2021, SB 926, c. 310, § 1, eff. November 1, 2021")

A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, air powered pistols, air powered rifles, knives, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any municipality or other political subdivision of this state. ...

B. No municipality or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, knives, components, ammunition and supplies.

21 O.S. § 1289.24e(D) - Second Amendment Sanctuary State Act

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=4… (retrieved 2026-10-12; OSCN 2026, history "Laws 2021, SB 631, c. 236, § 2, emerg. eff. April 26, 2021")

D. The preemption provided in this act shall include:

1. Any regulation of arms and ammunition, pursuant to the National Firearms Act of 1934, prohibited or regulated on or after the effective date of this act; and

2. Any regulations or provision of the Gun Control Act of 1968, prohibited or regulated on or after the effective date of this act.

I read this as aimed at state and local regulation, not as a state exception for an unregistered item, and nothing in it mentions § 1289.18.

21 O.S. § 1289.30 - Chief law enforcement officer certification

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=4… (retrieved 2026-10-12; OSCN 2026, history "Laws 2014, HB 2461, c. 237, § 1, eff. November 1, 2014")

A. When certification by a chief law enforcement officer is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer shall, within fifteen (15) days of receipt of a request for certification, provide such certification if the applicant is not prohibited by law from receiving the firearm or the applicant is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving the firearm. ...

Related provisions

  • Oklahoma's 2025 Title 21 recodification (Laws 2025, ch. 486) restyled penalties as Class D2 felony.
  • No Oklahoma assault-weapon ban or other "copycat" definition catching these items appears in Titles 21, 29 or 63.
  • State preemption of local law: 21 O.S. § 1289.24 (quoted above).

Post-ruling guidance and recent legislation

  • No AG/OSBI statement on the Oct. 9 ATF letter found as of 2026-10-12.
  • Aug. 14, 2026: AG Drummond asked ATF in writing to explain how it will stop enforcing the NFA provisions a federal court declared unconstitutional in the Texas case, where Oklahoma was a plaintiff. This is a statement about federal enforcement, not an interpretation of § 1289.18. Source: oklahoma.gov/oag/news/newsroom/2026/august/drummond-ask… (retrieved 2026-10-12; press release dated Aug. 14, 2026)
  • HB 3301 (2026, Steagall/Bergstrom): passed the House 2026-03-10 (79-15); first reading in the Senate 2026-03-11 and second reading referred to Senate Rules 2026-04-01, with no later action shown; the Senate passage line on the engrossed bill is blank. Not enacted. As engrossed (effective date Nov. 1, 2026 if it had passed), it would have amended §§ 1289.4, 1289.5 and 1289.18: it would have made the § 1289.18(C) possession offense apply only to a sawed-off shotgun or rifle "not in compliance with the provisions of Sections 1289.4 and 1289.5," reduced it from a Class D2 felony to a misdemeanor (fine up to $1,000, county jail up to one year, or both), and rewritten subsection D to say it is not prohibited to own or possess "a firearm or suppressor" lawfully possessed under federal law or not regulated as a "firearm" under 26 U.S.C. ch. 53, §§ 5801-5872. Source: oklegislature.gov/cf_pdf/2025-26%20ENGR/hB/HB3301%20ENG… (retrieved 2026-10-12; engrossed version dated 3/11/2026, Senate passage line blank); status: oklegislature.gov/BillInfo.aspx?Bill=HB3301&Session=2600
  • SB 1709 (2026, Jett): as introduced it would repeal § 1289.18 entirely (and conform the § 20O reference); the bill page shows only first reading (2026-02-02) and referral to Senate Rules (2026-02-03); not enacted. Source: oklegislature.gov/cf_pdf/2025-26%20INT/SB/SB1709%20INT.… and oklegislature.gov/BillInfo.aspx?Bill=sb1709&Session=2600 (retrieved 2026-10-12; introduced version dated 1/14/2026). Summary: oklegislature.gov/cf_pdf/2025-26 SUPPORT DOCUMENTS/BILLSUM/Senate/SB1709 INT BILLSUM.PDF

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Oregon

Suppressors: Registration or other requirements apply

Short answer for Oregon: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (knowing possession is a Class B felony unless "registered as required under federal law")Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (same)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (same)Federal registration
AOWNo item-specific restriction foundNo Oregon statute found restricting AOWs as a class (other than as they may meet the SBR/SBS/MG definitions)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear, leaning Clear-illegal on the text — the defense and the arrest bar both require the item to be "registered as required under federal law"; an unregistered item is outside the literal text. How this wording applies to an unregistered item is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Oregon, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

Oregon is a registration-exception state. ORS 166.272(1) makes it a Class B felony to knowingly possess a machine gun, SBR, SBS or "firearms silencer." The statute has no outright permit scheme; instead it gives (a) a limit on arrest/charge if the person has documentation in immediate possession showing the item "is registered as required under federal law," and (b) an affirmative defense that the item "was registered as required under federal law." The text names registration, not mere federal lawfulness, so it appears to be federal registration type. The "silencer" definition is broad (any device for silencing, muffling or diminishing the report), and the SBR/SBS definitions use 16/18 inch barrels and 26 inch overall length, matching the federal thresholds. AOWs are not named; no separate Oregon AOW offense was found.

After the Oct. 9 ATF letter, an item that is unregistered in the NFRTR does not literally meet "registered." The phrase "as required under federal law" may be read to mean the exception applies only when federal law requires registration; the ATF letter is enforcement discretion, not repeal, so the NFA still formally requires registration. That cuts against the possessor: federal law (statute) still "requires" it, and the item is not registered. A possessor therefore has no clear safe harbor. This is my interpretation, not a holding.

Statutory text

ORS 166.272 — Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers

Source: oregonlegislature.gov/bills_laws/ors/ors166.html (retrieved 2026-10-12; 2025 edition, listing 2026 Oregon Laws chapters through "2026 Session Laws 0120"; history line for this section ends [1989 c.839 13a; 1997 c.749 8; 1997 c.798 1], i.e. no recent amendments shown)

(1) A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.

(2) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.

(3) A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the persons immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.

(4) It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law.

ORS 166.210 — Definitions (excerpts)

Source: oregonlegislature.gov/bills_laws/ors/ors166.html (retrieved 2026-10-12; 2025 edition)

(4) Firearms silencer means any device for silencing, muffling or diminishing the report of a firearm.

[...]

(7) Machine gun means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.

[...]

(15) Short-barreled rifle means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle if the weapon has an overall length of less than 26 inches.

(16) Short-barreled shotgun means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches.

ORS 166.170(1) — State preemption

Source: oregonlegislature.gov/bills_laws/ors/ors166.html (retrieved 2026-10-12; 2025 edition)

(1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

Related provisions

  • ORS 166.170: state preemption of local firearm regulation (quoted above); other 166.17x sections allow limited local discharge/loaded-carry rules.
  • No Oregon "Firearms Freedom Act" / made-in-state suppressor law found.
  • Measure 114 (permit-to-purchase and large-capacity magazine provisions in ORS ch. 166) is a separate law outside this guide.

Post-ruling guidance and recent legislation

None found as of 2026-10-12. The statute's history line shows no 2025-2026 amendment to ORS 166.272.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Pennsylvania

Suppressors: Unsettled

Short answer for Pennsylvania: I found no item-specific state restriction on possessing SBRs; general firearm laws still apply. The answer for suppressors, SBSs and AOWs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledUnsettled; the cautious assumption is that it is covered. § 908 "offensive weapons" includes a "firearm specially made or specially adapted for concealment or silent discharge"; whether a bare suppressor is a "firearm" under § 908(c) is not settled by the text I could see. If covered, § 908(b)(1) defense applies.Federal compliance ("complied with the National Firearms Act")
SBRNo item-specific restriction foundNo rifle barrel-length limit appears in § 908's offensive-weapon list (only "sawed-off shotgun with a barrel less than 18 inches"); I did not find another state restriction, but this is a reading of the text.None needed
SBSUnsettledRestricted, with an exception: "sawed-off shotgun with a barrel less than 18 inches" is an offensive weapon; § 908(b)(1) defenseFederal compliance
AOWUnsettledRestricted, with an exception, only if it is a firearm "specially made or specially adapted for concealment or silent discharge"; otherwise not listed.Federal compliance where covered; otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear. The defense in § 908(b)(1) says the defendant "complied with the National Firearms Act" and is an affirmative defense the defendant must prove by a preponderance. It names compliance, not registration, but "complied" is past tense and the NFA statutes remain on the books. SBRs appear to be outside § 908.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Pennsylvania, the exception for suppressors, SBSs and AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Pennsylvania has no stand-alone silencer statute that I found and no state NFA registry. Section 908 makes making, repairing, selling, dealing in, using or possessing an "offensive weapon" a first-degree misdemeanor "except as authorized by law."

Coverage: the offensive-weapons definition names machine guns, "sawed-off shotgun with a barrel less than 18 inches," and "firearm specially made or specially adapted for concealment or silent discharge." Only shotguns have a barrel-length trigger (under 18 in.). No rifle length is named, so barrel length alone does not bring a rifle within the quoted definition. Whether a suppressor is covered turns on whether it is a "firearm" under § 908(c)'s definition (a weapon designed to or readily converted to expel a projectile by explosive action, or its frame or receiver). One reading is that a bare suppressor is not a "firearm," while a firearm with an integral suppressor, or a firearm built to be silent, plausibly is; the cautious assumption is that a suppressor is covered until a court or the state attorney general says otherwise. That is interpretation, not statute text. An AOW appears to be covered only if it fits the concealment/silent-discharge clause.

Exception: § 908(b)(1) is an affirmative defense (defendant's burden, preponderance) that the person "complied with the National Firearms Act." That is federal compliance wording rather than "registered," but courts could read compliance as requiring registration and tax payment. After the Oct. 9 ATF letter, how this wording applies to an unregistered item is untested, and a prosecutor could argue the NFA statutes still apply. The cautious assumption is that the defense may not cover an unregistered item until a court or the state attorney general says otherwise. Because it is a defense, the person bears the risk of proving it at trial. Penalty: first-degree misdemeanor.

Section 908(b)(3) separately says the section "shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth." I have not found how the courts apply that sentence to a suppressor or a short shotgun, so I do not rely on it here.

Statutory text

18 Pa.C.S. § 908 — Prohibited offensive weapons

Source: law.justia.com/codes/pennsylvania/title-18/chapter-9/se… (retrieved 2026-10-12; Justia "2025 Pennsylvania Consolidated Statutes" edition, reflecting the Nov. 3, 2022 amendment by Act 119)

(a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

(b) Exceptions.--

(1) It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.

[...]

(3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.

(c) Definitions.-- [...]

"Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

18 Pa.C.S. § 6102 — Definition of "firearm"

Source: law.justia.com/codes/pennsylvania/title-18/chapter-61/s… (retrieved 2026-10-12; Justia 2025 edition)

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

This definition governs the Uniform Firearms Act licensing and prohibited-person provisions (e.g. §§ 6105, 6106), so short-barreled rifles and shotguns are treated like handguns for carry-license purposes. It is not a ban and has no NFA-registration condition.

Related provisions

  • PA assault-weapon ban: none known.

Post-ruling guidance and recent legislation

  • No Pennsylvania AG or PSP statement found as of 2026-10-12. 2022 Act 119 amended § 908 (definition, knives).

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Rhode Island

Suppressors: Prohibited under state law

Short answer for Rhode Island: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: some fall under Rhode Island's pistol licensing rules, and the rest are not separately named.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (manufacture, sale, purchase, possession); only exception is on-duty law enforcement tactical teamsBanned
SBRProhibited under state lawBanned ("sawed-off rifle": barrel < 16" or overall length < 26"); no exception in the subsectionBanned
SBSProhibited under state lawBanned ("sawed-off shotgun": barrel < 18" or overall length < 26"); no exception in the subsectionBanned
AOWUnsettledNot separately named; a concealable "pistol" definition (shotgun/rifle/similar weapon under 26" overall) pulls some AOWs into the pistol licensing regime; otherwise unclear.Unclear (state permit for pistol-defined items)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal — The suppressor and sawed-off long-gun prohibitions as quoted contain no federal-law or NFA-registration exception, so ATF's non-enforcement does not appear to change state-law status.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in Rhode Island: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Rhode Island bans suppressors outright under § 11-47-20: manufacture, sale, purchase and possession are unlawful, with the only stated exception for law enforcement tactical teams on duty. There is no federal-law, NFA, or registration exception in the text. Penalty is imprisonment of not less than one year and one day. Sawed-off rifles (<16" barrel or <26" overall) and shotguns (<18" barrel or <26" overall) are banned by § 11-47-8(b) with up to 10 years and/or $5,000. That subsection has no exception, so an NFA-registered SBR/SBS also appears to be unlawful for ordinary civilians; this is my reading of the text. AOWs are not named; short smooth-bore or rifled weapons under 26" overall fall within the state "pistol" definition and so would need pistol-licensing compliance, and some may also be "sawed-off" items. Because none of the key prohibitions depend on federal status, ATF's Oct. 9, 2026 enforcement-discretion policy has no apparent effect on state liability. The text says nothing about federal registration, so the question of "unregistered but not federally prosecuted" does not appear to arise; suppressors, SBRs and SBSs appear to be illegal regardless; for AOWs it depends on the item.

Statutory text

R.I. Gen. Laws § 11-47-20 — Sale or possession of silencers

Source: webserver.rilegislature.gov/Statutes/TITLE11/11-47/11-4… (retrieved 2026-10-12; history ends P.L. 2024, ch. 320 and ch. 321, both eff. June 25, 2024)

It shall be unlawful within this state to manufacture, sell, purchase, or possess any muffler, silencer, or device for deadening or muffling the sound of a firearm when discharged; provided, however, that law enforcement officers utilizing said devices while acting within the scope of their official duties, as tactical teams and under the direct supervision of the police chief or the colonel of the state police or their designee, shall not be in violation of this section. Violations of this section shall be punished by imprisonment for not less than one year and one day.

R.I. Gen. Laws § 11-47-8 — License or permit required for carrying pistol; other weapons prohibited

Source: webserver.rilegislature.gov/Statutes/TITLE11/11-47/11-4… (retrieved 2026-10-12; history ends P.L. 2023, ch. 395, art. 2, § 3, eff. June 27, 2023). No amendment in 2024-2026 appears in the history line; there is no exception for NFA-registered short-barreled rifles or shotguns.

(a) [...] No person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this chapter. Every person violating the provision of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both [...]

(b) No person shall have in his or her possession or under his or her control any sawed-off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five thousand dollars ($5,000), or both.

(d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger crank, or any other device that when attached to a semi-automatic weapon allows full-automatic fire. [...]

(e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process. [...] These provisions shall not apply to federally licensed manufacturers (Federal Firearm License Type 07) pursuant to Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations.

R.I. Gen. Laws § 11-47-2 — Definitions

Source: webserver.rilegislature.gov/Statutes/TITLE11/11-47/11-4… (retrieved 2026-10-12; history ends P.L. 2025, ch. 428, § 1, eff. July 2, 2025)

(11) "Machine gun" means any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. [...]

(14) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six inches (26"), but does not include any pistol or revolver designed for the use of blank cartridges only.

(15) "Rifle" shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. ch. 53 (prior § 5801 et seq.).

(16) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches (26") or barrel length of less than sixteen inches (16").

(17) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six inches (26") or barrel length of less than eighteen inches (18").

(19) "Shotgun" shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. ch. 53 (prior § 5801 et seq.).

No definition of "silencer" in § 11-47-2; § 11-47-20 defines by function. Note the circularity: "rifle" and "shotgun" are defined as items NOT subject to NFA registration by barrel/overall length, yet "sawed-off" rifle/shotgun are defined using "rifle"/"shotgun". Nothing in the text exempts NFA-registered items. How this wording applies to an unregistered item is untested.

Related provisions

  • Chapter 11-47.2, "Unlawful Sale of Prohibited Firearms" (2025 Public Laws ch. 281, effective July 1, 2026): "No person shall manufacture, sell, offer to sell, transfer, or purchase a prohibited firearm, except as otherwise authorized under this section." "Prohibited firearm" is defined by features (for example a semi-automatic rifle that accepts a detachable magazine and has a listed feature such as a folding or telescoping stock, or "a flash suppressor or threaded barrel designed to accommodate a flash suppressor"). It restricts making, selling and buying, not possession already lawfully held. Source: webserver.rilegislature.gov/PublicLaws/law25/law25281.h… (retrieved 2026-10-13; "Enacted 06/26/2025")
  • Machine guns: § 11-47-8(a) (no civilian exception seen).
  • Bump-fire/binary/trigger-crank devices: § 11-47-8(d).
  • Ghost guns/undetectable firearms: § 11-47-8(e).

Post-ruling guidance and recent legislation

  • No Rhode Island AG, State Police or agency statement found as of 2026-10-12.
  • Recent legislation: P.L. 2024 ch. 320 and 321 (June 25, 2024) amended § 11-47-20; P.L. 2025 ch. 428 amended § 11-47-2.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

South Carolina

Suppressors: No item-specific restriction found

Short answer for South Carolina: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. On the text, state law bars ordinary civilian possession of SBRs and SBSs. Whether the state's federal-authorization exception covers SBRs and SBSs at all is disputed: a 2002 informal opinion of the Attorney General's office reads it as excluding them.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (I reviewed Title 16 ch. 23 and Title 23 ch. 31, and checked Title 50 chs. 1, 9 and 11 and S.C. Code of Regs. ch. 123 (Department of Natural Resources) for "silencer," "suppressor" and "muffler"; the only hit is a definition, not a prohibition)None needed
SBR ("sawed-off rifle")Prohibited under state lawBanned for ordinary civilians; felony (up to 10 yrs / $10,000). Exception for "any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization"Federal registration (affirmative federal authorization)
SBS ("sawed-off shotgun")Prohibited under state lawSame as SBRFederal registration (affirmative federal authorization)
AOWNo item-specific restriction foundNot separately defined in Title 16 ch. 23 or Title 23 ch. 31, and no other provision there reaches the category; the "sawed-off" definitions reach only rifles with barrels under 16 in., shotguns with barrels under 18 in., and weapons made from a rifle or shotgun that as modified measure under 26 in. overall.None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal (on the text) for SBRs/SBSs. The only exception an ordinary civilian could point to covers a person "authorized to possess these weapons" by Treasury, ATF or another federal agency "empowered to grant this authorization," and an item made or transferred without federal approval has no such authorization. A 2002 informal opinion of the South Carolina Attorney General's office goes further and reads "these weapons" in that exception as machine guns and military firearms only, so that it would not reach sawed-off shotguns or rifles at all (see Case law and AG opinions). On either reading the exception does not cover an unregistered SBR or SBS. No state restriction on suppressors or AOWs was found.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In South Carolina, state law prohibits sawed-off rifles and shotguns, and whether its federal-authorization exception covers them at all is disputed: a 2002 informal opinion of the Attorney General's office reads it as excluding them. Federal registration alone should not be treated as settling the question.

Analysis

South Carolina has no suppressor statute that I could find. SBRs and SBSs fall under the "sawed-off rifle/shotgun" definitions (rifle barrel under 16 in., shotgun barrel under 18 in., and apparently overall length under 26 in.). Transport, possession, storage and sale are felonies (up to 10 years, $10,000). The exception that matters for civilians is the second paragraph of § 16-23-250: "any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization." The SLED registration regime (§§ 23-31-320/-330) applies to persons already exempted by § 23-31-320 (military, peace officers, licensed manufacturers, relics) and, read literally, does not create a civilian registration path. Textually, the authorization wording reads as requiring affirmative federal authorization (e.g., an approved Form 1 or 4), not merely absence of federal prosecution. One ambiguity: the sentence mentions "manufacturer of machine guns or military firearms" and "machine gun or military firearm" carriers, so a court might ask whether "these weapons" reaches sawed-off rifles/shotguns; § 16-23-230's cross-reference to § 16-23-250 suggests it does. Under ATF's Oct. 9 policy, an SBR/SBS made or transferred without approval would have no such authorization, and the state SLED registration scheme is a separate hurdle. That is my interpretation; ATF's discretion is not an "authorization" in any textual sense, but a court could read it either way; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. AOWs other than modified rifles/shotguns are not addressed by Article 3 of Title 16 ch. 23 or by Title 23 ch. 31 as I read them.

Statutory text

S.C. Code § 16-23-210 — Definitions

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

When used in this article:

(a) "Machine gun" applies to and includes any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination or parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

(b) "Sawed-off shotgun" means a shotgun having a barrel or barrels of less than eighteen inches in length or a weapon made from a shotgun which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than eighteen inches in length.

(c) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each pull of the trigger. The term includes any such weapon which may be readily restored to fire a fixed shotgun shell but does not include an antique firearm as defined in this section.

(d) "Sawed-off rifle" means a rifle having a barrel or barrels of less than sixteen inches in length or a weapon made from a rifle which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than sixteen inches in length.

(e) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. The term includes any such weapon which may be readily restored to fire a fixed cartridge but does not include an antique firearm as described in this section.

(f) "Antique firearm" means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(g) "Military firearm" means any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government and does not include a pistol, rifle, or shotgun which fires only one shot for each pull of the trigger.

S.C. Code § 16-23-220 — Unlawful transportation

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

It is unlawful for a person to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

S.C. Code § 16-23-230 — Unlawful storing, keeping, or possessing

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

S.C. Code § 16-23-240 — Unlawful sale, rental, or giving away

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

S.C. Code § 16-23-250 — Exceptions to application of article

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or persons on duty in the postal service of the United States or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun, or sawed-off rifle, may possess machine guns, or sawed-off shotguns, or sawed-off rifles, when required in the performance of their duties. The provisions of this section must not be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.

The provisions of this article do not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, any common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370.

S.C. Code § 16-23-260 — Penalties

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

A person violating the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

S.C. Code § 23-31-320 — Application of article, exceptions

Source: scstatehouse.gov/code/t23c031.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

The provisions of this article shall not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of such organizations. Any peace officer of the State or of any county or other political subdivision thereof, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of any state prison, penitentiary, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or person on duty in the postal service of the United States or any common carrier while transporting direct to any police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun or sawed-off rifle, may possess machine guns, or sawed-off shotguns or sawed-off rifles, when required in the performance of their duties. Nor shall the provisions hereof be construed to apply to machine guns, or sawed-off shotguns or sawed-off rifles, kept for display as relics and which are rendered harmless and not usable.

The provisions of this article shall not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., nor to any common or contract carrier transporting or shipping any machine guns or military firearms to or from such manufacturer if the transportation or shipment is not prohibited by federal law. Any such manufacturer shall furnish to the South Carolina Law Enforcement Division the serial numbers of all machine guns or military firearms manufactured by it within thirty days of such manufacture and shall be subject to the penalties provided in Section 23-31-340 for noncompliance.

S.C. Code § 23-31-330 — Lawful possession, application and registration

Source: scstatehouse.gov/code/t23c031.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

(A) Every person permitted by Section 23-31-320 to possess a machine gun or sawed-off shotgun or sawed-off rifle, and any person elected or appointed to any office or position which entitles the person to possess a machine gun or sawed-off shotgun or sawed-off rifle, upon taking office, shall file with the State Law Enforcement Division on a blank to be supplied by the division on request an application which is properly sworn. The application must be approved by the sheriff of the county in which the applicant resides or has his principal place of business and include the applicant's name, residence and business address, physical description, whether or not ever charged or convicted of any crime, municipal, state, or otherwise, and where, if charged, and when it was disposed of. The applicant shall also give a description including the serial number and make of the machine gun or sawed-off shotgun or sawed-off rifle which he possesses or desires to possess. The State Law Enforcement Division shall file the application in its office. The division shall register the applicant together with the information required in the application in a book or index to be kept for that purpose, assign to him a number, and issue to him a card which shall bear the signature of the applicant and which he shall keep with him while he has the machine gun or sawed-off shotgun or sawed-off rifle in his possession. This registration must be made on the date application is received and filed with the division. The registration expires on December thirty-first of the year in which the license is issued.

(B) No permit or registration required by the provisions of this section is required where weapons are possessed by a governmental entity which has a significant public safety responsibility for the protection of life or property.

S.C. Code § 23-31-510 — Local regulation prohibited

Source: scstatehouse.gov/code/t23c031.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate:

(1) the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or [...]

Related provisions

  • Machine guns: § 16-23-210 to -260; same exceptions. Military firearms also covered.
  • Destructive devices: § 16-23-710(7), -720 (Article 7).
  • § 16-23-270: antique firearms excluded.
  • § 16-23-280: federally licensed manufacturers may make and sell MGs/military firearms in SC.
  • § 23-31-510: state preemption of local firearm regulation.
  • § 23-31-1050(5) (Title 23, ch. 31, art. 10, definitions for §§ 23-31-1030 and -1040): "'Firearm muffler or firearm silencer' means a device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication." It appears only in the definitions for the article on persons adjudicated as mental defectives or committed to a mental institution (§§ 23-31-1030, -1040), which bars those persons from firearms, a term that includes silencers; it does not restrict other owners, and I found no general prohibition on possessing a silencer. Source: scstatehouse.gov/code/t23c031.php (retrieved 2026-10-12; history shows 2013 Act No. 22, eff. August 1, 2013)
  • Hunting rules (Department of Natural Resources): I searched Title 50, chs. 1, 9 and 11, and S.C. Code of Regs. ch. 123 for "silencer," "suppressor" and "muffler." Title 50 has no hit. Chapter 123 has one hit for "muffler," which is a requirement that motorized vehicles on certain lands have "properly working mufflers"; it concerns vehicles, not firearms. The Wildlife Management Area weapons rule says hunters "may use any shotgun, rifle, bow and arrow, crossbow or hand gun except that specific weapons may be prohibited on certain hunts," bars "armor piercing, tracer, incendiary, or full metal jacket bullets or .22 or smaller rimfire" for big game, and says nothing about suppressors either way. I read the silence as neither a ban nor an approval, and a hunter should confirm with DNR before taking a suppressor afield. Source: scstatehouse.gov/coderegs/Chapter%20123.pdf (retrieved 2026-10-12; chapter text with editor's notes through SCSR 49-10, effective October 7, 2025)
  • No assault-weapon or similar statute found in the chapters I reviewed.

Post-ruling guidance and recent legislation

None found as of 2026-10-12 (no AG, SLED, or DNR statement or 2025-2026 amendment located) (other than the multistate letter to Congress below, which does not address South Carolina law).

  • Sept. 4, 2026: South Carolina's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address South Carolina law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Case law and AG opinions

  • S.C. Attorney General's office, informal opinion of Feb. 28, 2002 (to the Bureau of Alcohol, Tobacco and Firearms, "Re: Possession of Machine Guns in South Carolina") — scag.gov/wp-content/uploads/2013/04/02feb28lieberman.pdf. ATF asked whether the language added to § 16-23-250 in 2001 ("any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization") applies only to machine guns and military firearms or also to sawed-off shotguns and rifles. The answer: "As this portion of the statute expressly refers only to machine guns and military firearms, sawed-off shotguns and rifles do not appear to be contemplated by this amendment to S.C. Code Ann. § 16-23-250. This conclusion, however, is not free from doubt and perhaps legislative clarification is necessary." The letter describes itself as "an informal opinion only," written by an assistant attorney general and not "personally scrutinized by the Attorney General."
  • S.C. Attorney General's office, opinion of Sept. 15, 2003 — scag.gov/wp-content/uploads/2013/03/03sept-15-Church.pdf. Concerns machine guns and the State Law Enforcement Division registry; it quotes § 16-23-250 and cites the 2002 opinion, and does not address sawed-off shotguns or rifles separately.

Net effect: The informal 2002 Attorney General's office opinion reads the exception as not reaching sawed-off shotguns or rifles at all, which would leave no federal-authorization exception for a civilian SBR or SBS, registered or not. The opinion is informal, more than twenty years old and says its conclusion "is not free from doubt," so the cautious assumption is that it could be applied.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

South Dakota

Suppressors: No item-specific restriction found

Short answer for South Dakota: I found no item-specific state restriction on possessing suppressors, SBRs or AOWs; general firearm laws still apply. Registration or other requirements apply to SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (SDCL 22-1-2(8) says "controlled weapon" does not include a firearm silencer)None needed
SBRNo item-specific restriction foundNo state restriction found (the "short rifle" definition exists, but "controlled weapon" does not include it)None needed
SBSRegistration or other requirements applyRestricted, with an exception (a "short shotgun" is a "controlled weapon"; Class 6 felony unless federally licensed or registered)Federal registration
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBS only; no state restriction found for suppressors, SBRs and AOWs. I found no state law restricting those three. An unregistered short shotgun still falls under the SDCL 22-14-6 felony unless the owner "has registered the weapon with the proper federal authority pursuant to law", and that exception names registration. The cautious assumption is that the exception may not cover an unregistered short shotgun until a court or the state attorney general says otherwise.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In South Dakota, federal registration is a stated condition of the exception for SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

As currently written, SDCL 22-1-2(8) defines a "controlled weapon" as only a machine gun or short shotgun and expressly excludes a firearm silencer. The only operative use of "controlled weapon" in Title 22 (Crimes) is the possession offense in SDCL 22-14-6. I searched the full text of every title of the South Dakota Codified Laws (Titles 1 through 62) for "silencer," "suppressor," "muffler," "short rifle," "short shotgun," "sawed-off" and "short-barrel." Those terms for firearms appear only in the definitions section (22-1-2), in 22-14-6, in 22-14-12 and in the Firearms Freedom Act (chapter 37-35, described below). The only other hits are vehicle mufflers (SDCL 32-15-17 and 32-20A-2). The code has no assault-weapon definition. So I found no state restriction on suppressors, SBRs or AOWs. The "short rifle" definition in SDCL 22-1-2(46) has no operative use in those titles. The code also has no definition of an "any other weapon."

The only remaining federal-law dependency is the short shotgun. Possession is a Class 6 felony under SDCL 22-14-6 unless the person "has a federal license issued pursuant to law for the weapon or has registered the weapon with the proper federal authority pursuant to law." This is a registration-type exception because it requires an actual license or registration. On the text, an SBS that was never registered, even while ATF declines to enforce the registration requirement, does not fit that wording. That is my interpretation, not a holding. The cautious assumption is that the exception may not cover an unregistered SBS until a court or the state attorney general says otherwise.

The exception in subdivision (4) (circumstances negating any purpose or likelihood of unlawful use) expressly excludes a short shotgun, so on its face it does not apply to an SBS. A felony committed while armed with a firearm, "including a machine gun or short shotgun," carries an enhanced penalty (Class 2 felony, five-year minimum) under SDCL 22-14-12.

Statutory text

SDCL 22-14-6 — Possession of controlled weapon--Penalty--Exceptions

Source: sdlegislature.gov/Statutes/22-14-6 (retrieved 2026-10-12; history line ends SL 2026, ch 96, § 2)

Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. The provisions of this section do not apply to any person who:

(1) Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting in the lawful discharge of duties;

(2) Has a federal license issued pursuant to law for the weapon or has registered the weapon with the proper federal authority pursuant to law;

(3) Possesses a controlled weapon briefly after having found it or taken it from an offender; or

(4) Possesses any controlled weapon, other than a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully.

SDCL 22-1-2 — Definitions (selected subdivisions)

Source: sdlegislature.gov/Statutes/22-1-2 (retrieved 2026-10-12; history line ends SL 2026, ch 96, § 1; SL 2026, ch 97, § 1)

(8) "Controlled weapon" includes a machine gun and short shotgun, but does not include a firearm silencer;

[...]

(17) "Firearm silencer," any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any such weapon;

[...]

(23) "Machine gun," any firearm, whatever its size and usual designation, that automatically discharges two or more cartridges by a single function of the firing device;

[...]

(46) "Short rifle," any rifle having a barrel less than sixteen inches long, or an overall length of less than twenty-six inches;

(47) "Short shotgun," any shotgun having a barrel less than eighteen inches long or an overall length of less than twenty-six inches;

SDCL 22-14-12 — Commission of felony while armed with firearms (excerpt)

Source: sdlegislature.gov/api/Statutes/22-14-12.html?all=true (retrieved 2026-10-12; history line ends SL 2023, ch 82, § 12)

Any person who commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first conviction. [...]

Related provisions

  • SDCL 22-14-12 (armed felony) names machine guns and short shotguns specifically.
  • Local preemption: SDCL 7-18A-36 (counties) and SDCL 9-19-20 (municipalities) each provide that no county or municipality may pass an ordinance that "restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components," and that any such ordinance is "null and void." Both exempt generally applicable zoning ordinances, building regulations and fire codes that are not used to circumvent the prohibition. Sources: sdlegislature.gov/Statutes/7-18A-36 (retrieved 2026-10-12; history line ends SL 2019, ch 51, § 1) and sdlegislature.gov/Statutes/9-19-20 (retrieved 2026-10-12; history line ends SL 2019, ch 51, § 3).
  • Hunting: neither Title 41 of the statutes (Game, Fish, Parks and Forestry) nor the Game, Fish and Parks administrative rules in ARSD Title 41 (articles 41:01 through 41:14, including article 41:06, Hunting Seasons and Methods) mention a silencer, suppressor or muffler. Source: sdlegislature.gov/Rules/Administrative/41:06 (retrieved 2026-10-12; no currency date shown by the source).
  • Firearms Freedom Act, SDCL chapter 37-35. Section 37-35-1(1) defines "firearm accessory" to include a "flash or sound suppressor," and section 37-35-2 declares that a firearm accessory "manufactured commercially or privately in South Dakota and that remains within the borders of South Dakota is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce." The chapter does not mention SDCL 22-14-6 and does not change who can rely on a federal registration. I would not treat it as protection for an unregistered short shotgun. Source: sdlegislature.gov/Statutes/37-35-2 (retrieved 2026-10-12; history line ends SL 2010, ch 198, § 2).
  • No state assault-weapon law found in the titles reviewed.
  • SDCL 23-7-8.6 bars state agencies and political subdivisions from keeping a list, record or registry of privately owned firearms, so the state has no firearm registration scheme of its own.

Post-ruling guidance and recent legislation

  • Attorney General or agency statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter: None found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address South Dakota law).
  • SL 2026, ch 97 (House Bill 1007, "An Act to amend the definition of law enforcement officer to include tribal law enforcement officers," signed March 9, 2026) also amends SDCL 22-1-2. Its marked text changes only the definition of "law enforcement officer" and the reference to the federal Chemical Safety Information, Site Security and Fuels Regulatory Relief Act in the critical-infrastructure definition. It does not change the firearm silencer, short rifle or short shotgun definitions. Source: sdlegislature.gov/api/Documents/305060.html (retrieved 2026-10-12; enrolled session law, deleted language shown by overstrike).
  • 2026 Senate Bill 2, "An Act to provide that a firearm silencer is not a controlled weapon" (became SL 2026, ch 96). The Legislature's bill history shows it was reported "Do Pass Amended" in the Senate (2026-01-23) and in the House (2026-01-29) and was signed by the Governor on 2026-02-11. The enrolled bill amends SDCL 22-1-2(8) and SDCL 22-14-6 and contains no emergency clause or special effective date, so under SDCL 2-14-16 it took effect on July 1, 2026. Sources: sdlegislature.gov/api/Documents/299647.html (retrieved 2026-10-12; enrolled bill), sdlegislature.gov/api/Bills/ActionLog/26339 (retrieved 2026-10-12; action log through "Signed by the Governor") and sdlegislature.gov/Statutes/2-14-16 (retrieved 2026-10-12).
  • What the bill changed. Before the bill, SDCL 22-1-2(8) read: "'Controlled weapon' includes any firearm silencer, machine gun, or short shotgun, as those terms are defined in subdivisions (17), (23), and (46) of this section." SDCL 22-14-6(2) read: "Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law," and subdivision (4) read: "Possesses a controlled weapon, except a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully." Source: sdlegislature.gov/api/Documents/291292.html (retrieved 2026-10-12; introduced version, with deleted language shown by overstrike). The enrolled text removes the references to state licenses and state registration from subdivision (2).
  • Sept. 4, 2026: South Dakota's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address South Dakota law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Tennessee

Suppressors: No item-specific restriction found

Short answer for Tennessee: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (not listed in § 39-17-1302(a))None needed
SBRNo item-specific restriction foundNo state restriction found (state prohibition deleted effective 7/1/2022, Pub. Ch. 1038)None needed
SBSNo item-specific restriction foundNo state restriction found (same 2022 deletion)None needed
AOWNo item-specific restriction foundNo state restriction found; not listed in § 39-17-1302(a).None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found - the current text of § 39-17-1302(a) does not list suppressors, SBRs or SBSs, so the federal-compliance exception in subsection (d) does no work for those items.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Tennessee that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

The quoted current text of §§ 39-17-1301 and 39-17-1302 does not list silencers, short-barrel rifles or short-barrel shotguns as prohibited weapons, and no Tennessee statute restricting civilian possession, manufacture, transport, repair or sale of them was found. The 2022 act deletes subdivision (a)(4). I found no categorical prohibition on AOWs: they are not named in the § 39-17-1302(a) list. How the list's general clause applies to a particular item is unresolved.

The only federal-law-linked provision that remains is the exception in subsection (d), which requires full compliance with the National Firearms Act and applies to machine guns alone. Because suppressors and SBRs/SBSs are not in subsection (a), no exception is needed for them. That is my interpretation. For machine guns, the state exception requires full compliance with the NFA, and federal law (18 U.S.C. 922(o)) independently bars new civilian MGs; that is unaffected by the ATF letter.

Implication: on my reading, the state offense for a suppressor/SBR/SBS does not depend on registration, so an unregistered one that ATF no longer pursues may not violate Tennessee law; the cautious assumption is that this is unconfirmed until a court or the state attorney general says otherwise.

Statutory text

2022 Tenn. Pub. Acts ch. 1038 (SB 2628 / HB 2509) - deletes SBR/SBS from § 39-17-1302(a)

Source: capitol.tn.gov/Bills/112/Bill/SB2628.pdf (retrieved 2026-10-12; official legislature bill text, as filed)

The legislature's bill status page (wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumb…) says "As enacted, removes a short-barrel rifle or shotgun from the list of weapons the possession, manufacture, transport, repair, or sale of which is prohibited under state law," Pub. Ch. 1038, signed 05/25/2022, effective 07/01/2022. The text quoted below is the bill as filed; the enrolled Public Chapter 1038 (publications.tnsosfiles.com/acts/112/pub/pc1038.pdf, retrieved 2026-10-13) reads the same.

SECTION 1. Tennessee Code Annotated, Section 39-17-1302, is amended by deleting subdivision (a)(4) in its entirety.

SECTION 2. This act takes effect July 1, 2022, the public welfare requiring it.

Tenn. Code Ann. § 39-17-1302 - Prohibited weapons

Source: lexisnexis.com/hottopics/tncode/ (retrieved 2026-10-13; current through the 2026 Regular Session and the 2026 2nd Extraordinary Session)

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) Hoax device;

(5) Knuckles; or

(6) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.

[...]

(d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§ 5841-5862).

Subsection (a) as currently in force lists no firearm silencer and no short-barrel rifle or shotgun. The only NFA-linked provision is subsection (d), which applies to machine guns alone.

Tenn. Code Ann. § 39-17-1301 - Part definitions (selected)

Source: lexisnexis.com/hottopics/tncode/ (retrieved 2026-10-13; current through the 2026 Regular Session and the 2026 2nd Extraordinary Session)

(10) "Machine gun" means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger and includes any part, or combination of parts, designed and intended solely for use in converting a firearm into a machine gun;

(14) "Short barrel" means a barrel length of less than sixteen inches (16") for a rifle and eighteen inches (18") for a shotgun, or an overall firearm length of less than twenty-six inches (26");

"Short barrel" is still defined in § 39-17-1301 even though § 39-17-1302(a) no longer uses the term. The definitions section contains no definition of a silencer or suppressor.

Related provisions

  • Tenn. Code Ann. § 39-17-1301 definitions: quoted above.
  • No state assault-weapon law that catches SBRs/SBSs was identified.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for a Tennessee AG or state agency statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter.
  • Legislation: Pub. Ch. 1038 (2022) removed SBR/SBS from § 39-17-1302(a).
  • 2025 Tenn. Pub. Acts ch. 513 (HB 1093, effective July 1, 2025) broadened the "machine gun" definition in § 39-17-1301 to include conversion parts and changed cross-references in § 39-17-1302. It did not add suppressors or short-barreled firearms to the prohibited list. Source: publications.tnsosfiles.com/acts/114/pub/pc0513.pdf (retrieved 2026-10-13)
  • 2026 Tenn. Pub. Acts ch. 892, § 8 rewrote § 39-17-1302(b)(1) to add the space force to the list of armed services in the official-duty defense. It did not change the prohibited list in subsection (a). Source: publications.tnsosfiles.com/acts/114/pub/pc0892.pdf (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Texas

Suppressors: No item-specific restriction found

Short answer for Texas: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (state prohibition removed in 2021; state law defines and affirmatively encourages Texas-made suppressors)None needed
SBRNo item-specific restriction foundNo state restriction found (SB 1596, 89th Leg., eff. Sept. 1, 2025, removed "short-barrel firearm" from Penal Code § 46.05 and repealed the § 46.01(10) definition; no Texas prohibition remains for offenses on or after that date)None needed
SBSNo item-specific restriction foundNo state restriction found (same as SBR)None needed
AOWNo item-specific restriction foundNo state restriction found (the former "short-barrel firearm" catch-all is gone)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — for suppressors, SBRs, SBSs and AOWs. Texas Penal Code § 46.05 no longer lists any of them (SBR/SBS removed by SB 1596, effective Sept. 1, 2025, for offenses on or after that date), so the state provisions do not depend on NFA registration. Machine guns are unaffected.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Texas that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Texas Penal Code § 46.05 as amended lists none of the four items. Suppressors: HB 957 (2021) repealed the "firearm silencer" definition and removed silencers from § 46.05. SBRs/SBSs: SB 1596 (2025, effective Sept. 1, 2025) deleted "short-barrel firearm" from § 46.05(a)(1) and from the § 46.05(d)(1) antique/curio defense, and repealed the § 46.01(10) definition (enrolled text quoted in the Statutory text section). Texas no longer restricts AOWs through the former short-barrel-firearm definition. A particular device may still fall within another prohibited category, such as a zip gun. The earlier registration-type exception ("registered in the [NFRTR] ... or otherwise not subject to that registration requirement ... or ... curio or relic") now applies only to explosive weapons and machine guns.

Consequently no offense under Texas Penal Code § 46.05 for an unregistered SBR, SBS, suppressor or AOW was found for conduct on or after Sept. 1, 2025, whatever ATF does, so the open question about "otherwise not subject to that registration requirement" is moot for these items. Offenses committed before Sept. 1, 2025 remain governed by the former law (Section 3 of the act). Gov't Code § 2.102 additionally bars Texas state and local entities from enforcing federal suppressor regulation that has no Texas counterpart. Federal law is unaffected by any of this: the NFA statutes remain on the books, and the Oct. 9, 2026 ATF letter is enforcement discretion, not repeal. The Gov't Code ch. 2 "Made in Texas" provisions are state assertions of non-regulation and do not themselves override federal law. This is my interpretation of the statutory text; I did not find any Texas court decision on SB 1596.

Statutory text

Tex. Penal Code § 46.05 — Prohibited Weapons (as amended by S.B. 1596, 89th Leg., R.S., eff. Sept. 1, 2025)

Source: statutes.capitol.texas.gov/docviewer?docName=PE.46.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

The history line of § 46.05 ends "Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 1, eff. September 1, 2025"; § 46.05(e) says "Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. An offense under Subsection (a)(5) is a state jail felony." Enrolled bill: capitol.texas.gov/tlodocs/89R/billtext/html/SB01596F.htm ; history: capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&B…. Surviving text reads:

(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:

(A) an explosive weapon; or

(B) a machine gun;

(2) armor-piercing ammunition;

(3) a chemical dispensing device;

(4) a zip gun;

(5) a tire deflation device; or

(6) an improvised explosive device.

[...]

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:

(1) was incidental to dealing with a tire deflation device solely as an antique or curio; [...]

Enrolled bill: "SECTION 2. Section 46.01(10), Penal Code, is repealed." (the "short-barrel firearm" definition). "SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. [...] the former law is continued in effect for that purpose." "SECTION 4. This Act takes effect September 1, 2025." Caption: "Relating to the prohibition of short-barrel firearms." (Subsections (b), (e) and the penalty are unchanged by the bill.)

Superseded text (before Sept. 1, 2025), for offenses committed earlier: § 46.05(a)(1)(C) "a short-barrel firearm" and § 46.01(10) "a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches." Source: texas.public.law/statutes/tex._penal_code_section_46.05 (retrieved 2026-10-12; pre-amendment text)

Tex. Penal Code § 46.01 — Definitions (relevant parts)

Source: statutes.capitol.texas.gov/docviewer?docName=PE.46.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

The official page shows (10) as "Repealed by Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 2, eff. September 1, 2025."

(4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 3, eff. September 1, 2021.

(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

(10) Repealed by Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 2, eff. September 1, 2025.

(Former § 46.01(4) was the "firearm silencer" definition; repealed 2021.)

Tex. Gov't Code § 2.001 — Definitions (Firearm Suppressor Regulation chapter)

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

(2) "Firearm suppressor" means any device designed, made, or adapted to muffle the report of a firearm.

Tex. Gov't Code § 2.051 — Meaning of "manufactured in this state"

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

(The quote is § 2.051(a); the official page also has a subsection (b).)

(a) For the purposes of this subchapter, a firearm suppressor is manufactured in this state if the item is manufactured: (1) in this state from basic materials; and (2) without the inclusion of any part imported from another state other than a generic and insignificant part.

Tex. Gov't Code § 2.052 — Not Subject to Federal Regulation

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

(The quote is § 2.052(a); the official page also has a subsection (b).)

(a) A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.

Tex. Gov't Code § 2.053 — Marketing of Firearm Suppressor

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

A firearm suppressor manufactured and sold in this state must have the words "Made in Texas" clearly stamped on it.

Tex. Gov't Code § 2.102 — State and Local Government Policy Regarding Enforcement of Federal Firearm Laws

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

Section 2.101 applies this to the State, municipalities, counties, special districts, sheriffs, and district/county attorneys.

(a) An entity described by Section 2.101 may not adopt a rule, order, ordinance, or policy under which the entity enforces, or by consistent action allows the enforcement of, a federal statute, order, rule, or regulation that purports to regulate a firearm suppressor if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state.

(b) No entity described by Section 2.101 and no person employed by or otherwise under the direction or control of the entity may enforce or attempt to enforce any federal statute, order, rule, or regulation described by Subsection (a).

Related provisions

  • Tex. Gov't Code ch. 2, subch. B (§§ 2.051-2.054): suppressor made-in-Texas / federal non-regulation assertion; "Made in Texas" stamp.
  • Tex. Gov't Code §§ 2.101-2.104: state and local policy on enforcement of federal firearm laws (§§ 2.101-2.104: applicability, no-enforcement rule, loss of state grant funds, AG enforcement by mandamus).
  • Tex. Penal Code § 46.05 as it stood before SB 1596 made SBR/SBS registration-dependent; that is no longer current law.
  • No state assault-weapon law in Texas.
  • Machine guns and explosive weapons still share the § 46.05(a)(1) registration/C&R exception (the only items it now covers).

Post-ruling guidance and recent legislation

  • No Texas AG, DPS or other agency statement found on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Texas law).
  • Legislation: S.B. 1596 (89th Leg., R.S., 2025, Hagenbuch/Hayes; companion H.B. 259), "relating to the prohibition of short-barrel firearms", removed short-barrel firearms from § 46.05 and repealed § 46.01(10), effective Sept. 1, 2025. capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&B… ; text capitol.texas.gov/tlodocs/89R/billtext/html/SB01596F.htm. The current official text of § 46.05 on statutes.capitol.texas.gov reflects S.B. 1596.
  • Sept. 4, 2026: Texas's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Texas law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Utah

Suppressors: No item-specific restriction found

Short answer for Utah: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled. For SBRs and SBSs I found no general possession ban, but Utah makes it a felony to carry an "unlawfully" possessed one concealed and readily accessible, and the statute does not say whether an unregistered item counts. Separate rules apply to minors.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (no prohibition, license or registration found in Title 76 Ch. 11 or Title 53 Ch. 5a)None needed
SBRUnsettledNo state restriction found for adults (defined in statute, but no general possession ban found; regulated for minors and by the "unlawfully possesses" concealment offense, § 76-11-203, whose reach for an unregistered item is unresolved)None needed (but see § 76-11-203)
SBSUnsettledSame as SBRNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — Utah imposes no state-law registration or "compliance with federal law" condition on suppressors, SBRs, SBSs or AOWs; the item-specific hook is the undefined word "unlawfully" in the SBR/SBS concealment offense (76-11-203), a second-degree felony that applies to concealed, readily accessible carry. Utah's general firearm rules (age limits, restricted persons, schools and other places, carrying while impaired) also apply to these items.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Utah that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy. For SBRs and SBSs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Utah does not appear to prohibit, license or register suppressors, SBRs, SBSs or AOWs for ordinary adults. The statutes reviewed define "short barreled rifle/shotgun" (under 16 / under 18 inches, or under 26 inches overall for altered weapons) and use those terms only in (a) the minor possession and transfer felonies (§§ 76-11-211, -212) and (b) the new concealment offense (§ 76-11-203). Suppressors are not defined or restricted anywhere I found; they appear only as a "firearm accessory" in the state-made-firearms and preemption provisions. There is therefore no federal registration or federal compliance exception to analyze: no general state ban on possession was found, but § 76-11-203 leaves an unresolved risk for an unregistered SBR or SBS carried concealed and readily accessible.

The one textual wrinkle is § 76-11-203, which makes it a second degree felony to conceal and keep readily accessible an "unlawfully possessed" SBR/SBS. The statute does not say what makes possession "unlawful." I could not tell whether that means state-law unlawfulness (for example a restricted person under Part 3) or federal unlawfulness (an unregistered NFA item). That is interpretation, not statutory text. ATF's Oct. 9 letter says ATF will not enforce the registration requirement, but the NFA statutes remain on the books and non-enforcement does not itself make possession lawful, so a prosecutor could argue federal unlawfulness; this affects only concealed, readily accessible carry. The cautious assumption is that "unlawfully" may reach an unregistered NFA item until a court or the state attorney general says otherwise. Penalties: 2nd degree felony (§ 76-11-203); 3rd degree felony for minors/transfers to minors (§§ 76-11-211, -212).

Statutory text

Utah Code § 76-11-101 — Definitions (Weapons chapter)

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S101.html (retrieved 2026-10-12; effective 5/7/2025)

Former § 76-10-501 was renumbered here by 2025 H.B. 21 (Ch. 173) and H.B. 128 (Ch. 208).

(4) "Firearm" means:

(a) a pistol, revolver, shotgun, short barreled shotgun, rifle, or short barreled rifle; or

(b) a device that could be used as a dangerous weapon from which a projectile is expelled by an explosive action.

[...]

(7)

(a) "Short barreled rifle" means a rifle having a barrel or barrels of fewer than 16 inches in length.

(b) "Short barreled rifle" includes a dangerous weapon made from a rifle by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.

(8)

(a) "Short barreled shotgun" means a shotgun having a barrel or barrels of fewer than 18 inches in length.

(b) "Short barreled shotgun" includes a dangerous weapon made from a shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.

(No definition of "silencer"/"suppressor" appears in this section; none is defined by reference to federal law.)

Utah Code § 76-11-201 — Definitions (Part 2, General Weapons Violations)

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S201.html (retrieved 2026-10-12; effective 5/6/2026)

(3) "Fully automatic weapon" means a firearm that fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger.

[...]

(6) "Machinegun firearm attachment" means any part or combination of parts added to a semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.

Utah Code § 76-11-203 — Concealing an unlawfully possessed short barreled shotgun or short barreled rifle

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S203.html (retrieved 2026-10-12; effective 5/7/2025)

The section was "Enacted by Chapter 208, 2025 General Session".

(2) An actor commits concealing an unlawfully possessed short barreled shotgun or short barreled rifle if:

(a) the actor unlawfully possesses a short barreled shotgun or short barreled rifle;

(b) the actor conceals the unlawfully possessed short barreled shotgun or short barreled rifle in a covered, hidden, or secreted manner that the public would not be aware of the short barreled shotgun's or short barreled rifle's presence; and

(c) the short barreled shotgun or short barreled rifle is readily accessible for immediate use by the actor.

(3) A violation of Subsection (2) is a second degree felony.

Utah Code § 76-11-211 — Possession of a dangerous weapon by a minor (excerpt)

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S211.html (retrieved 2026-10-12; effective 5/7/2025)

Subsection (3)(b):

A violation of Subsection (2) is a third degree felony if the dangerous weapon is:

(i) a handgun;

(ii) a short barreled rifle;

(iii) a short barreled shotgun;

(iv) a fully automatic weapon; or

(v) a machinegun firearm attachment.

Utah Code § 76-11-212 — Transferring a handgun, short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor (excerpt)

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S212.html (retrieved 2026-10-12; effective 5/7/2025)

(2) An actor is guilty of transferring [...] if: (a) the actor transfers: [...] (ii) a short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor; and (b) the transferring of the firearm described in Subsection (2)(a): (i) would result in the minor committing a violation of Section 76-11-211 [...]; or (ii) is in violation of any other applicable state or federal law.

(3) [...] (b) a third degree felony if the violation is the result of transferring a short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor.

Utah Code § 53-5a-102 — Uniform firearm laws (preemption) (excerpt)

Source: le.utah.gov/xcode/Title53/Chapter5A/53-5a-S102.html (retrieved 2026-10-12; effective 5/7/2025)

(The [...] in the quote elides the opening words.)

(1) [...] the Legislature occupies the whole field of state regulation of firearms.

(2) Except as specifically provided by state law, a local or state governmental entity may not: (a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm, ammunition, or a firearm accessory at the individual's place of residence, property, business, or in any vehicle in which the individual is lawfully present; or (b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm, ammunition, or a firearm accessory.

Utah Code § 53-5a-401 and -402 — Utah State-Made Firearms Protections (excerpts)

Source: le.utah.gov/xcode/Title53/Chapter5A/53-5a-S401.html and 53-5a-S402.html (retrieved 2026-10-12; effective 5/7/2025)

53-5a-401 (2) "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm [...] including: [...] (c) a flash or sound suppressor; [...]

53-5a-402 (8) A personal firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured commercially or privately in the state to be used or sold within the state is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.

Utah Code § 53-5a-203 — Federal Firearm Enforcement Limitation Act (excerpt)

Source: le.utah.gov/xcode/Title53/Chapter5A/53-5a-S203.html (retrieved 2026-10-12; effective 3/20/2023)

The section title is "Prohibition on enforcement."

(1) A law enforcement officer, state employee, or employee of a political subdivision is prohibited from implementing, enforcing, assisting, or cooperating in the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.

(Per § 53-5a-202(1)(b), "federal regulation" excludes a federal firearm statute, so this does not bar state help enforcing the NFA statute itself.)

Related provisions

  • Preemption: Utah Code § 53-5a-102 (whole-field preemption; covers firearm accessories); enforcement via Title 78B, Ch. 6, Part 23.
  • State-made firearms (Firearms Freedom Act analog): Utah Code §§ 53-5a-401 to -404 (accessories including suppressors; requires "Made in Utah" marking on firearms, actions, receivers). Declaratory only; federal law still applies in practice.
  • Federal Firearm Enforcement Limitation Act: §§ 53-5a-201 to -203 (limits certain state and local help in enforcing federal executive "regulations", not federal statutes, subject to substantial exceptions in § 53-5a-203(3) and (4)).
  • No state assault-weapon law found.
  • Machine guns: no general civilian prohibition found in the chapter text reviewed; see §§ 76-11-211, -212. Restricted-person provisions (Part 3, §§ 76-11-302 to -308) apply to all dangerous weapons.

Post-ruling guidance and recent legislation

  • No Utah AG, BCI or DPS statement found as of 2026-10-12.
  • Legislation: 2025 H.B. 21 (Ch. 173) and H.B. 128 (Ch. 208) recodified weapons law into Title 76 Ch. 11 and Title 53 Ch. 5a, effective May 7, 2025, and enacted § 76-11-203. Section 76-11-201 was amended by 2026 ch. 200 (H.B. 444, "State Land Access Road Amendments," effective May 6, 2026), which added definitions of "Class D road" and "Highway" and renumbered the rest; it did not change anything about suppressors or short-barreled firearms. Source: le.utah.gov/~2026/bills/static/HB0444.html (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Vermont

Suppressors: Unsettled

Short answer for Vermont: I found no item-specific state restriction on possessing SBRs, SBSs or AOWs; general firearm laws still apply. The answer for suppressors is unsettled. For suppressors, the unsettled part is making one; I found no Vermont statute on simply possessing one.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (making/importing limited to federal licensees or persons "in compliance with 26 U.S.C. § 5822"; use limited to listed contexts (sport shooting range, hunting, LE, etc.); no state restriction on possession or purchase found)Federal compliance (making only; cites NFA making provision 26 U.S.C. § 5822 by section)
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for suppressors (making), No state restriction found for SBR/SBS/AOW. No Vermont restriction on possession of any of these was found; the only federal-law hook is the exception in 13 V.S.A. § 4010(b)(3) for making a suppressor "in compliance with" 26 U.S.C. § 5822, whose application while ATF declines to enforce the Form 1 approval requirement, which remains in federal law, is untested. Separately, 13 V.S.A. § 4083(b)(1) bars knowingly possessing a firearm, or a frame or receiver of a firearm, that is not serialized by a federal firearms licensee pursuant to federal law or § 4084, with exceptions including firearms manufactured before 1968; the subchapter does not define "firearm," so an unserialized homemade SBR, SBS or AOW (and possibly a suppressor) is the cautious worry. Under § 4083(c)(1) a person who manufactures a firearm must also have it serialized by a federal firearms licensee.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. For someone making a suppressor in Vermont, an approved Form 1 most plainly supports the § 4010(b)(3) exception. Section 4010 does not impose a registration condition on mere possession.

Analysis

Vermont's only NFA-item-specific criminal/civil statute is 13 V.S.A. § 4010 on suppressors. It does not prohibit possession, purchase or sale. It restricts (b) making/importing, and (c) use "in the State." The making exception for individuals is tied to compliance with 26 U.S.C. § 5822, the federal NFA making provision (which requires an approved application). That is federal compliance wording naming the federal statute rather than the NFRTR. Interpretation: § 5822 still requires advance approval. ATF's non-enforcement policy does not itself establish compliance with Vermont's making exception, and I found no controlling state interpretation addressing the policy. This is unresolved, and the cautious assumption is that the exception may not cover an unregistered individual-made suppressor until a court or the state attorney general says otherwise. The use restriction (c) is independent of federal law: a suppressor may be used only in listed contexts, notably at a sport shooting range or when taking game, and violation carries a $50 fine. Purchasing a factory suppressor and owning it is not restricted by § 4010 as quoted.

I found no Vermont statute restricting SBRs, SBSs or AOWs by barrel length or type, so no Vermont statute makes them depend on a federal exception. The one general law that could reach them is 13 V.S.A. § 4083(b)(1), which bars knowingly possessing a firearm, or a frame or receiver, that is not serialized by a federal firearms licensee pursuant to federal law or § 4084, with exceptions including firearms manufactured before 1968. The subchapter (§§ 4081-4084) does not define "firearm," and nothing in it mentions suppressors, barrel length or NFA categories. Other sections of chapter 85 that need a definition say so expressly (for example § 4026(c)(1): "'Firearm' has the same meaning as in section 4017 of this title"), and § 4017(d)(1)(A) includes "any firearm muffler or firearm silencer" and any weapon that "will or is designed to or may readily be converted to expel a projectile by the action of an explosive," but § 4083 contains no such cross-reference. The text therefore does not say whether a suppressor, SBR, SBS or AOW is a "firearm" for § 4083. My cautious reading is that a homemade or otherwise unserialized SBR, SBS or AOW (which expels a projectile by explosive action) could be treated as covered, and a suppressor possibly so; possession of an unserialized firearm is a civil penalty of up to $50.00 for a first offense, with escalating penalties after that, and a person who manufactures a firearm must have it serialized under § 4083(c)(1). Vermont's bump-stock law (13 V.S.A. § 4022) and large-capacity magazine law (13 V.S.A. § 4021) are separate and do not turn on NFA status. Penalties: $500 minimum fine per offense for unlawful making/importing; $50 fine per offense for unlawful use.

I reviewed all of Title 13 (chapters 1 through 232, including the full text of chapter 85 and its zip gun provision, § 4013, which penalizes possessing or selling "a weapon commonly known as a 'zip' gun" without defining it) and Title 10 Part 4, Fish and Wildlife (chapters 101 through 124). The only provisions using "silencer," "suppressor," "muffler," "short-barreled," or "sawed-off" are 13 V.S.A. §§ 4010 and 4017(d)(1)(A)(iii), 10 V.S.A. § 4701(d), the heading of 10 V.S.A. § 4704, and the definition of "gun suppressor" in 10 V.S.A. § 4001(41). None uses "short-barreled" or "sawed-off."

Statutory text

13 V.S.A. § 4010 — Gun suppressors

Source: legislature.vermont.gov/statutes/section/13/085/04010 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note ends 2023, No. 161 (Adj. Sess.), § 37, eff. June 6, 2024)

(a) As used in this section:

(1) "Gun suppressor" means any device for muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a gun suppressor, and any part intended only for use in such assembly or fabrication.

(2) "Sport shooting range" shall have the same meaning as used in 10 V.S.A. § 5227(a).

(b) A person shall not manufacture, make, or import a gun suppressor, except for:

(1) a licensed manufacturer, as defined in 18 U.S.C. § 921, who is registered as a manufacturer pursuant to 26 U.S.C. § 5802;

(2) a licensed importer, as defined in 18 U.S.C. § 921, who is registered as an importer pursuant to 26 U.S.C. § 5802; or

(3) a person who makes a gun suppressor in compliance with the requirements of 26 U.S.C. § 5822.

(c) A person shall not use a gun suppressor in the State, except for use by:

(1) a Level III certified law enforcement officer or Department of Fish and Wildlife employee in connection with the officer's or employee's duties and responsibilities and in accordance with the policies and procedures of that officer's or employee's agency or department;

(2) the Vermont National Guard in connection with its duties and responsibilities;

(3) a licensed manufacturer or a licensed importer, as defined in 18 U.S.C. § 921, who is also registered as a manufacturer or an importer pursuant to 26 U.S.C. § 5802, who in the ordinary course of the manufacturer's or importer's business as a manufacturer or as an importer tests the operation of the gun suppressor;

(4) a person lawfully using a sport shooting range; or

(5) a person taking game as authorized under 10 V.S.A. § 4701.

(d)(1) A person who violates subsection (b) of this section shall be fined not less than $500.00 for each offense.

(2) A person who violates subsection (c) of this section shall be fined $50.00 for each offense.

10 V.S.A. § 4701(d) — Hunting with suppressor

Source: legislature.vermont.gov/statutes/section/10/113/04701 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note ends 2023, No. 161 (Adj. Sess.), § 37, eff. June 6, 2024)

(d) A person taking game with a gun may possess, carry, or use a gun suppressor in the act of taking game.

10 V.S.A. § 4704(a) — Use of machine guns and autoloading rifles (hunting)

Source: legislature.vermont.gov/statutes/section/10/113/04704 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history ends 2021, No. 165 (Adj. Sess.), § 6, eff. July 1, 2022; subsection (b) is repealed)

(a) A person engaged in hunting for wild animals shall not use, carry, or have in the person's possession:

(1) a machine gun of any kind or description; or

(2) an autoloading rifle with a magazine capacity of over six cartridges, except a .22 caliber rifle using rim fire cartridges.

24 V.S.A. § 2295 — Municipal preemption

Source: legislature.vermont.gov/statutes/section/24/061/02295 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note: added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988)

Except as otherwise provided by law, no town, city, or incorporated village, by ordinance, resolution, or other enactment, shall directly regulate hunting, fishing, and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of traps, firearms, ammunition, or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city, or incorporated village under subdivision 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter.

13 V.S.A. §§ 4081-4084 — Vermont Ghost Guns Act (unserialized firearms, frames, and receivers)

Enacted by 2023, No. 120 (Adj. Sess.) (S.209), § 1, effective February 28, 2025. The subchapter (Subchapter 004 of chapter 85) is §§ 4081-4084.

Source: legislature.vermont.gov/statutes/section/13/085/04081 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note: added 2023, No. 120 (Adj. Sess.), § 1, eff. February 28, 2025)

§ 4081. This subchapter shall be known as the "Vermont Ghost Guns Act."

Source: legislature.vermont.gov/statutes/section/13/085/04082 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note: added 2023, No. 120 (Adj. Sess.), § 1, eff. February 28, 2025)

§ 4082. As used in this subchapter:

(1) "Federal firearms licensee" means a federally licensed firearm dealer, federally licensed firearm importer, and federally licensed firearm manufacturer.

(5) "Fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

(6) "Frame or receiver of a firearm" means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. [...]

(8) "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture when it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(9) "Violent crime" has the same meaning as in section 4017 of this title.

(Subdivisions (2)-(4) define the three federal licensee types by reference to 18 U.S.C. § 921(a)(11), (a)(9) and (a)(10); subdivision (7) defines "three-dimensional printer." No subdivision defines "firearm.")

Source: legislature.vermont.gov/statutes/section/13/085/04083 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note: added 2023, No. 120 (Adj. Sess.), § 1, eff. February 28, 2025)

(b)(1) A person shall not knowingly possess a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(2) A person shall not knowingly transfer or offer to transfer a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(3) This subsection shall not apply to:

(A) a federal firearms licensee acting within the scope of the licensee's license;

(B) possession or transfer of a firearm or frame or receiver of a firearm for the purpose of having it imprinted with a serial number pursuant to federal law or section 4084 of this title;

(C) an unserialized frame or receiver transferred to or possessed by a law enforcement officer for legitimate law enforcement purposes;

(D) an antique firearm as defined in subsection 4017(d) of this title;

(E) a firearm that has been rendered permanently inoperable; or

(F) a firearm that was manufactured before 1968.

(c)(1) A person who manufactures a firearm or frame or receiver of a firearm, including by a three-dimensional printer, shall cause the firearm, frame, or receiver to be imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(2) This subsection shall not apply to:

(A) a federally licensed firearms manufacturer acting within the scope of the manufacturer's license; or

(B) possession or transfer of a firearm or frame or receiver of a firearm for the purpose of having it imprinted with a serial number pursuant to federal law or section 4084 of this title.

(d)(1) A person who violates subdivision (a)(1) or (b)(1) of this section shall be:

(A) for a first offense, assessed a civil penalty of not more than $50.00;

(B) for a second offense, imprisoned for not more than two years or fined not more than $1,000.00, or both; and

(C) for a third or subsequent offense, imprisoned for not more than three years or fined not more than $2,000.00, or both.

(2) A person who violates subdivision (a)(2), (b)(2), or (c)(1) of this section shall be:

(A) for a first offense, imprisoned for not more than one year or fined not more than $500.00, or both;

(B) for a second offense, imprisoned for not more than two years or fined not more than $1,000.00, or both; and

(C) for a third or subsequent offense, imprisoned for not more than three years or fined not more than $2,000.00, or both.

(3) A person who uses an unserialized firearm while committing a violent crime or while committing reckless endangerment in violation of section 1025 of this title shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

(Subsection (a) of § 4083 separately bars knowingly possessing or transferring an "unfinished frame or receiver" that has not been serialized.)

Related provisions

  • 13 V.S.A. § 4017(d) definition of "firearm" includes "any firearm muffler or firearm silencer" (prohibited-person context).
  • 13 V.S.A. §§ 4081-4084 (Vermont Ghost Guns Act) unserialized firearms, frames, and receivers (see above).
  • 13 V.S.A. § 4013 zip guns: possessing or selling "a weapon commonly known as a 'zip' gun" is punishable by up to 90 days or $100; the term is not defined.
  • 24 V.S.A. § 2295 bars towns, cities and incorporated villages from directly regulating the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of firearms, ammunition, or components of firearms or ammunition (text quoted above).
  • 13 V.S.A. § 4022 bump-fire stocks possession prohibited.
  • Hunting: 10 V.S.A. § 4701(d) permits suppressors when taking game; 10 V.S.A. § 4704(a) bars machine guns in hunting.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for a Vermont AG, state police or agency statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter.
  • Legislation: § 4010 last amended by 2023 Act 161 (eff. June 6, 2024). 2025-26 session H.231 (Act 47 of 2026, legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT047…) is titled "An act relating to technical corrections to fish and wildlife statutes" and does not mention suppressors, 10 V.S.A. §§ 4701/4704 or 13 V.S.A. § 4010. Not relevant.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Virginia

Suppressors: No item-specific restriction found

Short answer for Virginia: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (Art. 6/7 text reviewed; the 2026 assault-firearm definition refers to suppressor-capable threaded barrels)None needed
SBR ("sawed-off rifle")UnsettledFelony (Class 4) unless excepted; exception for possession "in compliance with federal law"Federal compliance
SBS ("sawed-off shotgun")UnsettledSame as SBRFederal compliance
AOWNo item-specific restriction foundNo state-law restriction found; not within the § 18.2-299 sawed-off definitions as quotedNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — Virginia's SBR/SBS exception is federal compliance ("in compliance with federal law"), not registration-specific. Whether an unregistered but federally-unprosecuted SBR/SBS is "in compliance with federal law" turns on whether non-enforcement counts as compliance while the NFA statutes remain on the books. Suppressors appear unrestricted by state law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Virginia, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

No general Virginia ban on suppressors was found, and no state licensing or registration regime for them turned up in the Title 18.2 sections reviewed (Title 18.2 Arts. 4 through 7 and the Title 29.1, ch. 5 hunting sections listed below were reviewed). SBRs and SBSs are regulated through the "sawed-off" article, Va. Code §§ 18.2-299 to -304. Possession for non-crime purposes is a Class 4 felony (§ 18.2-300(B)), and violent-crime use is a Class 2 felony (§ 18.2-300(A)). Section 18.2-303.1 says the article does not prohibit possession of a sawed-off shotgun or rifle "possessed in compliance with federal law." On the verbatim text, this exception does not name the NFA, registration or a tax stamp, so it is federal compliance. It also does not turn on registration, unlike § 18.2-308.5:1(D) ("in compliance with the National Firearms Act").

Interpretation, not text: after the Oct. 9 ATF letter the NFA registration statutes remain on the books but ATF is currently declining to enforce the approval and registration requirements. A prosecutor could argue that unregistered possession still violates 26 U.S.C. § 5861 and so is not "in compliance." The text does not settle that, so the result is Unclear for unregistered SBR/SBS; the cautious assumption is that the exception may not cover an unregistered SBR/SBS until a court or the state attorney general says otherwise. The sawed-off definitions differ from the federal ones (the .225 caliber exclusion, 26" overall-length rule for rifles); how they apply to a particular federally defined SBR is untested and should not be relied on. AOWs (e.g., concealable "pistol grip" shotguns, smooth-bore pistols) do not appear in the sawed-off definitions, so no state restriction on them was found. The 2026 assault-firearm law (§ 18.2-287.4:1) bans sale, manufacture, purchase and transfer (not possession) of semi-automatic firearms with features such as folding stocks, shoulder-firing arm braces or suppressor-capable threaded barrels, which can catch some SBRs/SBSs/suppressor-ready guns, but the Attorney General's office reports that state courts have enjoined enforcement and that the cases are now stayed (see Post-ruling guidance), and it has no federal-law exception. Until the injunction ends or is reversed, I would not treat the injunction as a reason to buy or sell a covered firearm without checking the current status.

Statutory text

The four sawed-off sections below are quoted verbatim from the official LIS site; no 2023-2026 amendments appear in their history lines.

Va. Code § 18.2-299 — Definitions

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 2004, c. 930; no later amendments shown)

"Sawed-off shotgun" means any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled bore by a single function of the firing device and which has a barrel length of less than 18 inches for smooth bore weapons and 16 inches for rifled weapons. Weapons of less than .225 caliber shall not be included.

"Sawed-off rifle" means a rifle of any caliber, loaded or unloaded, which expels a projectile by action of an explosion of a combustible material and is designed as a shoulder weapon with a barrel or barrels length of less than 16 inches or which has been modified to an overall length of less than 26 inches.

Va. Code § 18.2-300 — Possession or use of "sawed-off" shotgun or rifle

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 1992, c. 580)

A. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle in the perpetration or attempted perpetration of a crime of violence is a Class 2 felony.

B. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle for any other purpose, except as permitted by this article and official use by those persons permitted possession by § 18.2-303, is a Class 4 felony.

Va. Code § 18.2-303 — What article does not apply to

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12)

The provisions of this article shall not be applicable to:

(1) The manufacture for, and sale of, "sawed-off" shotguns or "sawed-off" rifles to the armed forces or law-enforcement officers of the United States or of any state or of any political subdivision thereof, or the transportation required for that purpose; and

(2) "Sawed-off" shotguns, "sawed-off" rifles and automatic arms issued to the National Guard of Virginia by the United States [...] or such arms as may be provided for the officers of the State Police or officers of penal institutions.

No reference to federal law or the NFA.

Va. Code § 18.2-303.1 — What article does not prohibit

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 1993, c. 449)

Nothing contained in this article shall prohibit or interfere with the possession of a "sawed-off" shotgun or "sawed-off" rifle for scientific purposes, the possession of a "sawed-off" shotgun or "sawed-off" rifle possessed in compliance with federal law or the possession of a "sawed-off" shotgun or "sawed-off" rifle not usable as a firing weapon and possessed as a curiosity, ornament, or keepsake.

Va. Code § 18.2-308.5:1 — Auto sears and trigger activators (machine-gun conversion devices)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. 2020, c. 527; 2024, cc. 163, 164)

"Nothing in this section shall be construed to prohibit a person from manufacturing, importing, selling, offering for sale, possessing, receiving, transferring, or transporting any item for which such person is in compliance with the National Firearms Act (26 U.S.C. § 5801 et seq.)."

(Subsection D; class 6 felony penalty in subsection C. Not an SBR/suppressor statute, but shows the General Assembly uses "in compliance with the National Firearms Act" wording elsewhere.)

Va. Code § 18.2-287.4:1 — Importation, sale, manufacture, etc., of assault firearms (2026, cc. 1106, 1107)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; official history shows 2026, cc. 1106, 1107)

"Assault firearm" means the same as that term is defined in § 18.2-308.2:2. [...]

B. Any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.

Exceptions (C) include sale or transfer of firearms lawfully purchased and possessed before July 1, 2026. Possession is not itself made a crime in this section.

Va. Code § 18.2-308.2:2 — "Assault firearm" definition (excerpt)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; official history ends 2026, cc. 1084, 1106, 1107)

"Assault firearm" means: 1. A semi-automatic center-fire rifle or pistol with a fixed magazine capacity in excess of 15 rounds; 2. A semi-automatic center-fire rifle that has the ability to accept a detachable magazine [...] and that has one or more of the following characteristics: (i) a folding, telescoping, or collapsible stock; [...] or (v) a threaded barrel capable of accepting (a) a muzzle brake, (b) a muzzle compensator, (c) a sound suppressor, or (d) a flash suppressor; 3. A semi-automatic center-fire pistol that has two or more of the following characteristics: [...] (iv) a threaded barrel capable of accepting (a) a sound suppressor [...] or (v) a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate the firing of a firearm from the shoulder; 4. A semi-automatic shotgun [...] that has one of the following characteristics: (i) a folding, telescoping, or collapsible stock; [...] [...] An "assault firearm" does not include any firearm that is an antique firearm, has been rendered permanently inoperable, or is manually operated by bolt, pump, lever, or slide action.

Va. Code § 18.2-308.2:01 — Possession or transportation of certain firearms by certain persons (excerpt)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 2008, c. 408)

C. For purposes of this section, "assault firearm" means any semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

Subsection A makes it unlawful for a person who is not a U.S. citizen or lawful permanent resident to knowingly and intentionally possess, transport or conceal-carry such an "assault firearm". Applies to non-citizens only.

Va. Code § 18.2-295 — Registration of machine guns (excerpt)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 1988, c. 460)

Every machine gun in this Commonwealth shall be registered with the Department of State Police within twenty-four hours after its acquisition [...]. Failure to keep or produce such certificate for inspection shall be a Class 3 misdemeanor [...].

Related provisions

  • 2026 assault-firearm law (2026, cc. 1106, 1107; HB 217 / SB 749). The legislature's bill page for HB 217 (lis.virginia.gov/bill-details/20261/HB217) shows "Approved by Governor-Chapter 1106 (effective 7/1/2026)" on May 14, 2026 and describes it as creating "a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, or transfers an assault firearm"; it does not list possession. In the Code: § 18.2-287.4:1 (text above). Semi-auto only; bolt/pump/lever guns excluded. Enforcement by the State Police has been enjoined in Crump v. Katz (see Post-ruling guidance below).
  • § 18.2-308.8 is the Striker 12 ban, not an NFA provision.
  • Hunting weapons, Va. Code § 29.1-519 (Title 29.1, ch. 5; the chapter's section list has no section on suppressors, silencers or mufflers). Subsection A reads in part:

A. All wild birds and wild animals may be hunted with the following weapons unless shooting is expressly prohibited: 1. A shotgun or muzzleloading shotgun not larger than 10 gauge; [...] 3. A rifle, a muzzleloading rifle, or an air rifle; 4. A bow and arrow; [...]

Subsection F reads: "The hunting of wild birds and wild animals with fully automatic firearms, defined as a machine gun in § 18.2-288, is prohibited." Subsection G reads: "The hunting of wild birds or wild animals with (i) weapons other than those authorized by this section or (ii) weapons that have been prohibited by this section is punishable as a Class 3 misdemeanor." The text of §§ 29.1-519 and 29.1-521 does not mention suppressors or silencers. Source: law.lis.virginia.gov/vacode/title29.1/chapter5/section2… (retrieved 2026-10-12; hist. ends 2018, cc. 557, 558)

  • Local preemption, Va. Code § 15.2-915(A):

No locality shall adopt or enforce any ordinance, resolution, or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute.

Subsection B declares invalid any such local measure adopted before July 1, 2004, and subsection E lets a locality prohibit firearms in certain locality-owned buildings, parks, recreation centers and permitted-event areas. Source: law.lis.virginia.gov/vacode/title15.2/chapter9/section1… (retrieved 2026-10-12; hist. ends 2020, cc. 1205, 1247)

Post-ruling guidance and recent legislation

  • Attorney General / State Police statements on the Aug. 5 ruling or Oct. 9 ATF letter: None found as of 2026-10-12.
  • Attorney General's release, June 25, 2026: "Today, in Lancaster County a judge issued an injunction against the Virginia State Police (VSP), pausing the VSP from taking steps to implement or enforce Virginia's new assault weapons ban." The release adds that the Commonwealth "will urgently file a motion to stay this ruling and appeal this temporary injunction." Source: oag.state.va.us/media-center/news-releases/3055-attorne… (retrieved 2026-10-12; published June 25, 2026)
  • Attorney General's release, June 18, 2026: the Spotsylvania Circuit Court "denied the plaintiff's motion for a preliminary injunction" in Curtis v. Katz. Source: oag.state.va.us/media-center/news-releases/3047-stateme… (retrieved 2026-10-12; published June 18, 2026)
  • Attorney General's release, Aug. 21, 2026: "a Lancaster County Court judge joined three other state courts and the U.S. District Court for the Eastern District of Virginia in granting a stay in John Crump, et al. v. Jeffrey S. Katz, a challenge to Virginia's assault weapons ban and large capacity magazine restrictions," pending the U.S. Supreme Court's review of assault-weapon-ban challenges. Source: oag.state.va.us/media-center/news-releases/3099-stay-or… (retrieved 2026-10-12; published Aug. 21, 2026)
  • Attorney General's litigation status update, July 31, 2026: lists the state cases (Santolla v. Katz, Washington County, CL26001139-00; Crump v. Katz, Lancaster County, CL26000201-00; Curtis v. Katz, Spotsylvania County, CL26002454-00; Black v. Hook, Fauquier County, CL26000241-00) and the federal cases in the Eastern District of Virginia (McDonald v. Katz, 1:26-cv-1305; United States v. Commonwealth of Virginia et al., 1:26-cv-2035). It states that "two courts, in Lancaster and Washington County had entered preliminary injunctions barring enforcement of the new laws," that on July 7, 2026 the Washington County court amended its opinion to apply its injunction statewide to "all law enforcement agencies of the Commonwealth and its localities," that the Washington County, Spotsylvania County and Fauquier County courts and the federal courts have stayed proceedings, and that "Entry of a preliminary injunction itself does not void or invalidate the new laws." Source: oag.state.va.us/files/July-1-2026-OAG-Update-on-Status-… (retrieved 2026-10-12; dated July 31, 2026)
  • Reading these together, the Commonwealth's own statements describe injunctions against enforcement in Crump and in Santolla, followed by stays, not a repeal of the statute; the statute remains in the Code. The orders themselves are not reproduced in these Attorney General sources, so the cautious assumption is that a person should treat the sale, manufacture, purchase and transfer restrictions as potentially enforceable.

Case law and AG opinions

  • Dillard v. Commonwealth, Record No. 1938-97-3 (Va. Ct. App. Sept. 22, 1998) — vacourts.gov/static/opinions/opncavtx/1938973.txt (retrieved 2026-10-12; opinion dated Sept. 22, 1998). The court held that "the .225 caliber criterion is an element of the definition of a 'sawed-off shotgun' and, as such, must be proved by the Commonwealth." The case involved a sawed-off shotgun under § 18.2-300(B), not a rifle or an NFA item.
  • Rogers v. Commonwealth, 14 Va. App. 774, 418 S.E.2d 727 (Va. Ct. App. 1992) — courtlistener.com/opinion/1311811/rogers-v-commonwealth/. Affirmed a conviction for possessing a sawed-off shotgun that had no firing pin: "the absence of a firing pin in such a weapon does not exempt it from prohibition under the Act." On the exceptions the court said: "The only exceptions to the proscription of civilian possession of sawed-off shotguns are the defenses set forth in Code § 18.2-303.1. In order for a defendant to rely on these defenses, he must prove either that he possessed the shotgun for scientific purposes, or that the shotgun was both unusable and possessed as a curiosity, ornament, or keepsake." The opinion lists only those two exceptions and does not mention the "in compliance with federal law" exception, so it does not construe it. It does describe the § 18.2-303.1 exceptions as defenses that the defendant "must prove," and the cautious assumption is that the same would be said of the federal-compliance exception.

Net effect: Mildly hurts or at best neutral: Virginia treats the § 18.2-303.1 exceptions as defenses, so an unregistered SBR/SBS owner would likely have to raise and support "compliance with federal law." Neither case addresses whether ATF non-enforcement suffices.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Washington

Suppressors: Registration or other requirements apply

Short answer for Washington: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors. The answer for SBRs is unsettled. On the text, state law bars ordinary civilian possession of SBSs. For suppressors, the statute restricts using one that is not federally registered; I found no statute on simply owning one.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (possession not addressed; use is a gross misdemeanor unless "legally registered and possessed in accordance with federal law")Federal registration (as worded: "legally registered")
SBRUnsettledRestricted, with an exception (felony unless "in compliance with applicable federal law")Federal compliance
SBSProhibited under state lawBanned (felony; only exceptions are government/licensed-manufacturer use and an affirmative defense for pre-July 1, 1994 acquisition)Banned
AOWNo item-specific restriction foundNot separately regulated by state statute (no AOW provision found in RCW 9.41)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — for SBRs the statute keys to "compliance with applicable federal law," not registration, so the cautious assumption is that the exception may not cover an unregistered SBR until a court or the state attorney general says otherwise; suppressor use likely still unlawful as worded ("legally registered"); SBSs remain illegal regardless; no AG/State Patrol guidance found.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Washington, federal registration is a stated condition of the exception for suppressors; ATF's non-enforcement policy does not supply a registration. In Washington, the exception for SBRs turns on federal compliance, so a registered item is the one that most plainly fits the wording. Registration does not help with SBSs in Washington: the restriction there applies whether or not the item is federally registered.

Analysis

Washington does not ban suppressor ownership. The only suppressor provision found is RCW 9.41.250(1)(c), which punishes using a noise-suppressing device "unless the suppressor is legally registered and possessed in accordance with federal law" (gross misdemeanor). This is a registration-type exception by its words: "legally registered" naturally reads as NFRTR registration. Interpretation: an unregistered suppressor, even if ATF will not enforce, arguably is not "legally registered," so use remains exposed; mere possession is not criminalized by this section. Whether "legally registered" can be satisfied when ATF no longer enforces the registration requirement is untested.

SBRs: RCW 9.41.190(1) makes making, owning, selling, transporting or possessing an SBR (and solely-designed parts) a class C felony, but (2) exempts anyone "in compliance with applicable federal law." This is a federal compliance exception that does not mention registration. Interpretation: how this wording applies to an unregistered item is untested. The NFA statutes are not repealed and ATF's letter is discretion, so a prosecutor could argue that the exception does not apply. The cautious assumption is that the exception may not cover an unregistered SBR until a court or the state attorney general says otherwise.

SBSs: no general federal-law exception. Only the affirmative defense for items acquired before July 1, 1994 and possessed in compliance with federal law, plus government/licensed-manufacturer carve-outs. Effectively banned for ordinary civilians. Machine guns share the same structure.

AOWs: no state statute found. Assault-weapon law (RCW 9.41.010(2)) may independently reach some firearms with listed features including silencers.

Statutory text

RCW 9.41.190 — Unlawful firearms. Exceptions.

Source: app.leg.wa.gov/RCW/default.aspx?cite=9.41.190&full=true (retrieved 2026-10-12; history line begins 2026 c 203 s 4; 2026 c 203 effective immediately Mar. 24, 2026 except section 3; page footer copyright 2025)

(1) Except as otherwise provided in this section, it is unlawful for any person to:

(a) Manufacture, including by use of a three-dimensional printer, computer numerical control milling machine, or other means, or own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle;

(b) Manufacture, including by use of a three-dimensional printer, computer numerical control milling machine, or other means, or own, buy, sell, loan, furnish, transport, or have in possession or under control, any part designed and intended solely and exclusively for use in a machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle;

(c) Assemble or repair any machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle; or

(d) Manufacture, including by use of a three-dimensional printer, computer numerical control milling machine, or other means, or cause to be manufactured, assemble, or cause to be assembled, an untraceable firearm with the intent to sell the untraceable firearm.

(2) It is not unlawful for a person to manufacture, own, buy, sell, loan, furnish, transport, assemble, or repair, or have in possession or under control, a short-barreled rifle, or any part designed or intended solely and exclusively for use in a short-barreled rifle or in converting a weapon into a short-barreled rifle, if the person is in compliance with applicable federal law.

(3) Subsection (1) of this section shall not apply to:

(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or

(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, bump-fire stocks, short-barreled shotguns, or short-barreled rifles:

(i) To be used or purchased by the armed forces of the United States;

(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or

(iii) For exportation in compliance with all applicable federal laws and regulations.

(4) It shall be an affirmative defense to a prosecution brought under this section that the machine gun or short-barreled shotgun was acquired prior to July 1, 1994, and is possessed in compliance with federal law.

(5) Any person violating this section is guilty of a class C felony.

RCW 9.41.250 — Dangerous weapons. Penalty.

Source: app.leg.wa.gov/RCW/default.aspx?cite=9.41.250&full=true (retrieved 2026-10-12; history last amended 2012 c 179 s 1; no 2026 change)

(1) Every person who:

(a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slungshot, sand club, or metal knuckles, or spring blade knife;

(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or

(c) Uses any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law,

is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

RCW 9.41.010 — Definitions (excerpts)

Source: app.leg.wa.gov/RCW/default.aspx?cite=9.41.010&full=true (retrieved 2026-10-12; page carries two versions, "Effective until June 30, 2027" and a later version effective June 30, 2027; the quoted SBR, SBS and machine gun definitions match the current version)

"Short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than 26 inches.

"Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than 26 inches.

"Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

The assault-weapon definition (RCW 9.41.010(2)) lists "sound suppressor, silencer" among features for certain semiautomatic rifles/pistols; full text not quoted here. No standalone silencer definition was found in 9.41.010.

Related provisions

  • RCW 9.41.390 (assault weapons): "No person in this state may manufacture, import, distribute, sell, or offer for sale any assault weapon, except as authorized in this section." RCW 9.41.010 defines "assault weapon" to include "A semiautomatic rifle that has an overall length of less than 30 inches." So even where RCW 9.41.190(2) allows possessing an SBR in compliance with federal law, making, importing or buying a semiautomatic rifle under 30 inches overall is separately restricted. Sources: app.leg.wa.gov/RCW/default.aspx?cite=9.41.390 and app.leg.wa.gov/RCW/default.aspx?cite=9.41.010 (retrieved 2026-10-13)
  • Hunting with suppressors: no WA statute found authorizing it; RCW 9.41.250 governs use. WDFW rules are outside this guide.
  • No WA Firearms Freedom Act for suppressors found.
  • 2026 c 203 (eff. Mar. 24, 2026) added 3D printing/CNC manufacture language to 9.41.190.

Post-ruling guidance and recent legislation

Case law and AG opinions

  • AGO 1988 No. 16 (Wash. Att'y Gen. Aug. 30, 1988) — atg.wa.gov/ago-opinions/firearms. Concluded "It is not unlawful under RCW 9.41.250 to merely possess a device for suppressing the noise of a firearm"; "use" means putting the device into service, and the statute "does not prohibit mere possession." It construed the pre-2007 text (no "legally registered" clause) but supports reading the offense as use-only.
  • Legislative history: SSB 6165 (2016 c 214) enacted the SBR federal-compliance exception, replacing earlier "legally registered" drafts.

Net effect: Mildly helpful: the AG's view that 9.41.250 reaches only use, not possession, limits suppressor exposure, and the SBR exception's wording (federal compliance, not registration) was a deliberate 2016 choice. The opinion does not address whether non-enforcement counts as "compliance" or "legally registered."

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

West Virginia

Suppressors: No item-specific restriction found

Short answer for West Virginia: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (none in Chapter 61 Art. 7 or the hunting statute)None needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — West Virginia has no statute restricting suppressors, SBRs, SBSs or AOWs and no registration requirement; the only NFA-linked state provisions are the machine-gun statute (unaffected) and a CLEO-certification duty that applies only when federal law requires certification.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in West Virginia that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

I found no item-specific West Virginia possession prohibition or NFA-registration condition for suppressors, SBRs, SBSs or AOWs in the provisions reviewed. Article 7 (Dangerous Weapons) has no silencer or short-barrel provision, no registration scheme for those items, and no definitions of them; general firearm laws, including the concealed-weapon rules, still apply; the hunting-methods statute (§ 20-2-5) contains no suppressor reference. The only provision keyed to federal NFA compliance is § 61-7-9 (machine guns), which requires full compliance with federal statutes and Treasury rules. That is unaffected by the ATF letter because machine guns still require registration/approval. Section 61-7-16 actually compels local law enforcement to give CLEO certifications when federal law requires them, with no discretion to refuse on "generalized objection" to a type of firearm; after the ATF letter such certifications are largely moot. Penalty for the machine-gun offense: misdemeanor, $1,000-$5,000 and/or 90 days to 1 year. My interpretation (not statutory text): because no WV statute conditions possession of the four items on federal registration, I found no state-law hook that ATF's non-enforcement posture would affect, but the cautious assumption is that this is unconfirmed until a court or the state attorney general says otherwise. Caveat: this rests on absence of a provision; I reviewed Article 7 and the key sections, not the whole code. A deadly-weapon concealed-carry statute (§ 61-7-3, -4) might theoretically reach concealed items, but that concerns carrying, not NFA status.

Statutory text

W. Va. Code § 61-7-9 — Possession of machine guns, penalties

Source: code.wvlegislature.gov/61-7-9/ (retrieved 2026-10-12; site states sections "are updated regularly")

It shall be unlawful for any person to carry, transport, or have in his possession, any machine gun, submachine gun, or any other fully automatic weapon unless he or she has fully complied with applicable federal statutes and all applicable rules and regulations of the secretary of the treasury of the United States relating to such firearms.

Any person who violates the provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or shall be confined in the county jail for not less than ninety days, or more than one year, or both.

(Applies to machine guns/fully automatic weapons only. Not to the four items in scope.)

W. Va. Code § 61-7-16 — Chief officer certification to transfer or make certain firearms

Source: code.wvlegislature.gov/61-7-16/ (retrieved 2026-10-12)

(a) When certification of a chief law-enforcement officer is required by federal law or regulation for the making, transfer, receipt or possession of a firearm, the chief law-enforcement officer shall, within thirty days of receipt of such a request, provide such certification upon determining that to his or her knowledge the applicant is not prohibited by federal, state or local law from making, transferring, receiving or possessing the firearm [...]

(b) [...] (3) "Firearm" has the same meaning as provided in the National Firearms Act, 26 U. S. C. §5845 (a).

[...]

(e) A generalized objection to persons or entities making, transferring, receiving or possessing firearms or particular types of firearms which may be lawfully made, transferred, received or possessed does not constitute a valid basis for refusing certification.

(This is a state-law mandate to issue CLEO sign-offs; it imposes no restriction.)

W. Va. Code § 8-12-5a — Municipal preemption

Source: code.wvlegislature.gov/8-12-5a/ (retrieved 2026-10-12)

(a) Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith [...] in any manner inconsistent with or in conflict with state law.

(Municipal-building and recreation-facility carve-outs in (c) omitted.)

W. Va. Code § 61-7-2 — Definitions

Source: code.wvlegislature.gov/61-7-2/ (retrieved 2026-10-12). The official page defines "firearm" as: "any weapon which will expel a projectile by action of an explosion: Provided, That it does not mean an antique firearm as defined in subdivision (1) of this subsection except for the purposes of §48-27-502 of this code." (§ 61-7-2(7)). The page has no definition of silencer, suppressor, machine gun or destructive device, and the only uses of "short" are in "blackjack," "pistol" and "revolver."

Related provisions

  • § 61-7-9: machine gun possession conditioned on federal compliance.
  • § 61-7-16: CLEO certification mandate (NFA "firearm" per 26 U.S.C. § 5845(a)).
  • § 8-12-5a: municipal preemption.
  • Hunting: § 20-2-5 contains no suppressor prohibition (checked for the word "silencer"; none found).
  • No WV assault-weapon law found.
  • No "Firearms Freedom Act"-style suppressor statute found.

Post-ruling guidance and recent legislation

  • West Virginia Attorney General, "UPDATE: Federal Court Strikes Down Unconstitutional Firearm Registration Regulations in Win for West Virginia," Aug. 14, 2026: ago.wv.gov/article/update-federal-court-strikes-down-un… . It says the ruling "clearly applies to West Virginia's state agencies, along with the members and customers of the specific organizations and companies involved in the case," that "It is less clear whether it applies to individual West Virginians beyond those," and that "For now, our advice is to continue to follow the direction of the ATF." It predates the Oct. 9 ATF letter; I found no later state statement. ATF guidance (atf.gov/node/157811) says state law is not superseded.
  • Sections 61-7-9 and 61-7-2 show last amendments in 2021 and 2023; no 2025-2026 amendments to the relevant statutes seen.
  • Sept. 4, 2026: West Virginia's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address West Virginia law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Wisconsin

Suppressors: Registration or other requirements apply

Short answer for Wisconsin: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (felony unless NFA "licensing and registration requirements" complied with)Federal registration
SBRUnsettledRestricted, with an exception (felony unless NFA-registered OR "lawfully possessed under federal law")Federal compliance (plus federal registration alternative)
SBSUnsettledSame as SBRFederal compliance (plus federal registration alternative)
AOWNo item-specific restriction foundNo state statute specific to AOWs found; not restricted by name (smooth-bore pistol/concealed-type AOWs not addressed)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBR/SBS, Clear-illegal for suppressors. Suppressors: the only exception is for a person who "has complied with the licensing and registration requirements under 26 USC 5801 to 5872," so an unregistered suppressor is outside it. SBR/SBS: 941.28(4) has an independent clause exempting any firearm "that may be lawfully possessed under federal law," but ATF's policy does not itself establish that an unregistered SBR/SBS is lawfully possessed under federal law, and whether non-enforcement satisfies that clause is untested. The cautious assumption is that the exception may not cover an unregistered SBR/SBS until a court or the state attorney general says otherwise.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Wisconsin, federal registration is a stated condition of the exception for suppressors; ATF's non-enforcement policy does not supply a registration. In Wisconsin, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Wisconsin makes it a Class H felony to possess an SBR or SBS (941.28) or a silencer (941.298). Both statutes exempt "any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872," a registration-type exception. Text says nothing about "lawfully registered" status being checked in the NFRTR, but "complied with the ... registration requirements" most naturally means an actual registered item. An unregistered suppressor, even if ATF will not prosecute, is not within that clause, and 941.298 has no other federal-law exception. So under the text, unregistered suppressors remain a state felony.

SBRs/SBSs differ: the last sentence of 941.28(4) separately exempts "any firearm that may be lawfully possessed under federal law." That is a federal compliance clause. Federal law (NFA, 26 USC 5861) still on its face criminalizes unregistered NFA items; ATF's Oct. 9 letter is enforcement discretion, not repeal, and the Silencer Shop injunction covers only the plaintiffs and the members and customers it names. Whether "may be lawfully possessed under federal law" is satisfied by an item the statute still technically prohibits but ATF will not enforce against is unresolved; I found no controlling Wisconsin interpretation. The cautious assumption is that it may not cover an unregistered SBR/SBS until a court or the state attorney general says otherwise. AOWs are not mentioned in these statutes. Penalty: Class H felony.

Statutory text

Wis. Stat. § 941.28 — Possession of short-barreled shotgun or short-barreled rifle

Source: docs.legis.wisconsin.gov/document/statutes/941.28 (retrieved 2026-10-12; page states "2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 ... Published 10-1-26")

(1)(b) "Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.

(1)(c) "Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches. [...]

(2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.

(3) Any person violating this section is guilty of a Class H felony.

(4) This section does not apply to the sale, purchase, possession, use or transportation of a short-barreled shotgun or short-barreled rifle to or by any armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States or any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872. This section does not apply to the manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess these weapons. The restriction on transportation contained in this section does not apply to common carriers. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.

(5) Any firearm seized under this section is subject to s. 968.20 (3) and is presumed to be contraband.

(Definitions of "rifle" (1)(a) and "shotgun" (1)(d) omitted.)

Wis. Stat. § 941.298 — Firearm silencers

Source: docs.legis.wisconsin.gov/document/statutes/941.298 (retrieved 2026-10-12; published 10-1-26)

(1) In this section, "firearm silencer" means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.

(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.

(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following: [...]

(b) Any armed forces or national guard personnel, while in the line of duty.

(c) Any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872.

(Par. (a), peace officers acting under written agency policy, summarized not quoted.)

Wis. Stat. § 941.26 — Machine guns and other weapons

Source: docs.legis.wisconsin.gov/statutes/statutes/941/iii/26 (retrieved 2026-10-12)

(1g)(a) No person may sell, possess, use or transport any machine gun or other full automatic firearm.

(1g)(b) Except as provided in sub. (4), no person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for use to cause bodily discomfort, panic, or damage to property.

(1m) No person may take a firearm that is not designed to shoot more than one shot, without manual reloading, by a single function of the trigger and modify the firearm so that it does shoot more than one shot, without manual reloading, by a single function of the trigger.

(2)(a) Any person violating sub. (1g) (a) is guilty of a Class H felony. [...]

(2)(c) Except as provided in par. (d), any person who violates sub. (1g) (b) regarding the possession, noncommercial transportation or use of the bomb, grenade, projectile, shell, or container under sub. (1g) (b) is guilty of a Class A misdemeanor.

Verbatim from (3):

(3) This section does not apply to the sale, possession, modification, use or transportation of any weapons or containers under sub. (1g) or (1m) to or by any armed forces or national guard personnel in the line of duty, any civil enforcement officer of the state or of any city or county. This section does not apply to the sale, possession, modification, use or transportation of weapons under sub. (1g) (a) or (1m) to or by any person duly authorized by the chief of police of any city or the sheriff of any county. [...]

Wis. Stat. § 941.25(1) — "machine gun" definition

Source: docs.legis.wisconsin.gov/document/statutes/941.25 (retrieved 2026-10-12)

(a) Any weapon that shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.

Related provisions

  • Wis. Stat. 941.25 (machine gun definition and manufacturer register), 941.26 (machine guns, tear gas bombs/grenades; Class H felony for machine gun).
  • No Firearms Freedom Act found. No state registry for NFA items.
  • State assault-weapon ban: none.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 (no Wisconsin AG/DOJ statement found; Wisconsin was not identified as a plaintiff state; no 2025-26 amendment visible: statute pages current through 2025 Wis. Act 247, published 10-1-26, show histories ending 2001 a. 109 / 2007 a. 27).

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Wyoming

Suppressors: No item-specific restriction found

Short answer for Wyoming: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state possession/transfer restriction found (limited hunting-misuse offense)None needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — Wyoming has no statute restricting suppressors, SBRs, SBSs or AOWs and no registration requirement, so state law does not depend on NFA registration. General state firearm laws and federal requirements still apply; ATF is not enforcing the federal registration requirement, which remains in federal law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Wyoming that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Wyoming does not regulate possession, manufacture, sale, transfer or transport of suppressors, SBRs, SBSs or AOWs in the sections searched. There is no state definition of "silencer" or barrel-length rule, no state NFA-registration requirement, and no federal-law exception, because there is no prohibition for an exception to attach to. The state's firearm law is built on broad preemption (6-8-401(c)): regulation is reserved to the state legislature, subject to the exceptions in that section.

The only suppressor-specific rule found is 23-3-112(c), which makes it an offense to use "a device designed to silence or muffle the report of any firearm" while committing certain hunting violations (illegal take, big/trophy game out of season). That is a misuse offense, not a ban. Wyoming's Firearms Freedom Act (6-8-402 to 6-8-406) declares Wyoming-made firearms and accessories staying in-state exempt from federal law, including registration. Its "firearm" definition excludes fully automatic weapons; it does not exclude suppressors (which are "accessories"). It is a declaratory statute that federal courts have not honored for NFA items, so I would not rely on it.

Interpretation: because state law keys nothing to NFA registration, an unregistered suppressor, SBR, SBS or AOW does not appear to be made illegal by state law by the ATF Oct. 9 letter, based only on the sections searched. Federal requirements and generally applicable state firearm laws still apply (the federal statutes remain on the books; the letter is enforcement discretion), and the cautious assumption is that nothing here has been confirmed by a court or the state attorney general.

Statutory text

Scope: I searched W.S. Title 6 (Crimes and Offenses) and Title 23 (Game and Fish) for "silencer", "suppress", "short barrel", "sawed", "machine gun". Title 6 contains NO hit for silencer, suppressor, short-barreled, sawed-off or machine gun. The only silencer/suppressor hit in Title 23 is 23-3-112. I also scanned the Chapter 8 (Weapons) section headings. A keyword search can miss oddly worded provisions.

W.S. § 6-8-401(c) — State preemption of firearm regulation

Source: wyoleg.gov/statutes/compress/title06.pdf (retrieved 2026-10-12; Title 6 PDF has no currency statement, but it includes 2026 session amendments, e.g. "Repealed by Laws 2026, ch. 87" in 6-8-104)

(c) The sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use and possession of firearms, weapons and ammunition shall be authorized, regulated and prohibited by the state, and regulation thereof is preempted by the legislature of the state of Wyoming. Except as authorized by W.S. 15-1-103(a)(xviii) and 23-1-302, no state agency, city, town, county, political subdivision or any other entity shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use, carrying or possession of firearms, weapons, accessories, components or ammunition except as specifically provided by this chapter. [...]

W.S. § 6-8-403(a)(iii), (iv) — Firearms Freedom Act definitions

Source: wyoleg.gov/statutes/compress/title06.pdf (retrieved 2026-10-12; Title 6 PDF has no currency statement)

(iii) "Firearm" means any weapon which will or is designed to expel a projectile by the action of an explosive. "Firearm" shall not include any fully automatic weapon or any weapon designed to fire a rocket propelled grenade or any explosive projectile;

(iv) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, optics for target identification and lights for target illumination;

W.S. § 6-8-404(a) — Wyoming Firearms Freedom Act (made-in-Wyoming)

Source: wyoleg.gov/statutes/compress/title06.pdf (retrieved 2026-10-12; Title 6 PDF has no currency statement)

(a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming is not subject to federal law, federal taxation or federal regulation, including registration, under the authority of the United States congress to regulate interstate commerce. [...]

W.S. § 6-8-405(a), (b) — Offenses and penalties

Source: wyoleg.gov/statutes/compress/title06.pdf (retrieved 2026-10-12; Title 6 PDF has no currency statement)

(a) No public servant as defined in W.S. 6-5-101, or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming.

(b) Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both. [...]

W.S. § 23-3-112 — Automatic weapons; silencers in big/trophy game offenses

Source: wyoleg.gov/statutes/compress/title23.pdf (retrieved 2026-10-12; Title 23 PDF has no currency statement)

23-3-112. Firearms; automatic weapon prohibited; use of silencer or suppressor to take big or trophy game restricted; penalties.

(a) No person shall take any wildlife with any fully automatic weapon.

(b) Violation of this section is separate and additional to any other violation and constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

(c) No person shall use a device designed to silence or muffle the report of any firearm in the commission of:

(i) A violation of W.S. 23-3-102;

(ii) A violation of W.S. 23-3-107;

(iii) A violation of W.S. 23-3-305(b) which results in the taking of a big or trophy game animal; or

(iv) Taking of a big or trophy game animal out of season.

(Section ends at (c)(iv); there is no separate penalty clause for (c). Subsection (b) says a "violation of this section" is a high misdemeanor under W.S. 23-6-202(a)(ii), which on its face covers (c) as well.)

Related provisions

  • Preemption of local regulation: W.S. 6-8-401(c).
  • Firearms Freedom Act: W.S. 6-8-402 to 6-8-406 (state AG may defend citizens prosecuted federally, 6-8-405(c)).
  • Hunting: W.S. 23-3-112 (full-auto taking banned; suppressor misuse offense).
  • No state assault-weapon law found.

Post-ruling guidance and recent legislation

  • No Wyoming statute change on these items found as of 2026-10-12.
  • State AG/state agency statement on the Oct. 9 ATF letter: None found as of 2026-10-12.
  • Sept. 4, 2026: Wyoming's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Wyoming law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Before you use this guide

Federal guidance changed. State law did not automatically change.

The National Firearms Act still says these items must be registered. ATF itself says its policy can end: "Material changes in legal or factual circumstances could cause NFA enforcement to resume." It also says that federal law "does not generally permit subsequent registration of unregistered NFA items nor are there provisions that would automatically grandfather unregistered NFA firearms." Read ATF's guidance and its questions and answers.

ATF still accepts registration applications from people making or acquiring an item. Registering voluntarily is the belt-and-suspenders approach: it is the most conservative way I know to stay inside both the federal statute as written and any state law that refers to it. It does not make an item legal in a state that bans it outright.

Informational only. This is not legal advice.

I am not a lawyer, and nobody at Ammunition Depot is acting as yours. This page is general information put together from published statutes. It describes what the statutes say and, where marked, my own reading of them. It does not say how a prosecutor or court would treat a particular person or item, and reading it does not create an attorney-client relationship.

State firearm laws change, and these summaries may be incomplete, out of date or wrong. Neither I nor Ammunition Depot promises that they are accurate or complete, and you rely on them at your own risk. Verify against the current official code or consult a licensed attorney in your state before you buy, make, transport or possess any of these items.

This page covers ordinary civilian ownership under state statutes that deal with these items. It notes assault-weapon and similar laws where they decide a state's status, but it is not a full review of them. It is not a full review of local ordinances, tribal law, travel through other states, carry and transport rules, hunting rules or rules on who may possess a firearm; some are noted where relevant. It also does not cover the firearm a suppressor is attached to (the host firearm), which a state can restrict separately. Machine guns and destructive devices are outside its scope.

A color on this map is not a statement that Ammunition Depot or its partners will sell or ship to any state.

Questions the map cannot answer on its own

Does green mean I can buy one without registering it?

No. Green means only that I found no item-specific state restriction on ordinary civilian possession. Sales, carrying, use and general firearm rules may still apply. It is not approval of any purchase or transfer, and the federal statute is still on the books. If you choose to register, our guide How to Buy a Suppressor Online walks through the process.

Does blue mean the item is banned?

No. Blue means the state restricts the item but makes an exception for one that is federally registered or meets another stated condition. A registered item and an unregistered one can stand on very different footing.

What federal rules still apply?

ATF's letter lists several. These items are still firearms under the Gun Control Act, so background checks, dealer recordkeeping and the bar on possession by prohibited persons all remain. ATF's questions and answers say individuals "must continue to file a Form 20" (ATF Form 5320.20) "before engaging in interstate transportation of a short-barreled rifle or short-barreled shotgun, even if it is unregistered." Dealers still may not transfer an item in violation of state or local law. And ATF says it is unclear whether the federal safe-passage law protects someone carrying an unregistered item through a state that prohibits it.

Does this cover the firearm I attach a suppressor to?

No. A suppressor and the firearm it is attached to, the host firearm, can fall under different rules. Nothing here says whether a particular rifle, pistol or threaded-barrel setup is restricted in your state.

Can I rely on the same answer when I travel?

No. Each entry describes one state. Check the law where you are going, and anywhere you pass through, before you transport or use one of these items.

Corrections and change log

Every state entry shows the date its sources were last checked. If you find an error, email [email protected]. Corrections that change a state's status will be listed here with the date.

  • October 14, 2026: First published. Sources for all 50 states and DC checked through October 12, 2026.

State law on suppressors, SBRs, SBSs and AOWs: an overview

On October 9, 2026, ATF announced it will stop enforcing federal registration for suppressors, short-barreled rifles, short-barreled shotguns and AOWs. It's a real shift, but in practice, not in the law. The National Firearms Act is still on the books, and a policy can change faster than a statute. ATF acted after an August 5 federal court ruling in Texas, Silencer Shop Foundation v. ATF, which protects only the plaintiffs and the members and customers it names.

Then there's state law, which no ATF letter can change, and that's what this map is about. In some states I found no restriction on these items. In many, they're restricted unless they fit an exception tied to federal law: if the exception requires registration, an unregistered item doesn't qualify; if it just says “federal law,” the answer is mostly unsettled. And some states just say no. That last list will shock no one: California, New Jersey, Illinois and Massachusetts are all on it. If you also guessed New York and Hawaii, give yourself full marks.

Informational only, not legal advice. ATF's policy can change, other federal rules still apply, and a color is not approval to buy, make, possess or transfer an item. Read the full note below before you rely on any of this.

View laws for

Map shows: Suppressors.

Not a transfer approval
AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingDistrict of Columbia

Small states and DC

  • No item-specific restriction foundI found no state statute restricting possession of this item. Use rules, such as hunting rules, and general firearm laws, such as licensing, still apply. This is not approval to buy or transfer one.
  • Registration or other requirements applyState law restricts the item unless it is federally registered or another stated condition is met. An unregistered item does not fit the exception as written.
  • UnsettledThe answer is not settled. Usually the state has an exception that turns on federal law, and how that applies to an item that was never registered is undecided. In a few states the doubt comes from another state law, such as an assault-weapon definition, or depends on the item.
  • Prohibited under state lawOn the text, state law bars ordinary civilian possession or allows it only by a state permit. Federal registration does not change that.

Find the law for your state

Select a state to read its summary and the statutes behind it.

51 jurisdictions

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Select a state on the map, from the list or from the menu to see its details here.

Alabama

Suppressors: No item-specific restriction found

Short answer for Alabama: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (the Conservation Advisory Board lifted its hunting ban in 2014)None needed
SBRUnsettledRestricted: Class C felony if "in violation of federal law"Federal compliance
SBSUnsettledRestricted: Class C felony if "in violation of federal law"Federal compliance
AOWNo item-specific restriction foundNo state statute found restricting itNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBRs/SBSs; No state restriction found for suppressors and AOWs. Section 13A-11-63 turns on "violation of federal law" and does not mention registration. If the NFA is still law but unenforced, whether an unregistered SBR/SBS is still "in violation of federal law" is an open question, and no Alabama case or AG opinion construing the phrase was found.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Alabama, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Alabama's only NFA-item statute is § 13A-11-63. It makes it a Class C felony (1 to 10 years) to possess, obtain, receive, sell or use an SBR or SBS "in violation of federal law", with a peace-officer exemption. The wording is a federal compliance test, not a federal registration test: it does not mention the NFA, the NFRTR or a tax stamp. The offense is therefore an incorporation of federal law. Whether it is committed depends on whether the person is "in violation of federal law."

My interpretation: after the Aug. 5, 2026 ruling and the Oct. 9, 2026 ATF letter, an unregistered SBR/SBS is still arguably a violation of the unrepealed federal statutes (26 U.S.C. 5861 and related), which ATF has simply chosen not to enforce. A prosecutor could argue "violation of federal law" means the statute's text, regardless of enforcement. How this wording applies to an unregistered item is untested. Plaintiffs in the Silencer Shop case are covered by the injunction. The text does not resolve this, so I rate the SBR/SBS result as Unclear, and the cautious assumption is that the "in violation of federal law" clause may still reach an unregistered SBR/SBS until a court or the Alabama attorney general says otherwise.

Definitions: SBR is a rifle with a barrel under 16 inches, or a weapon made from a rifle with overall length under 26 inches. SBS is a shotgun with a barrel under 18 inches, or overall length under 26 inches. Alabama has no vertical-foregrip or other federal-style AOW statute that I found. I found no state suppressor or AOW restriction, so I do not expect the ATF letter to change the state-level result for those.

Statutory text

Ala. Code § 13A-11-62 — Definitions (Art. 3, Div. 1A)

Source: alison.legislature.state.al.us/code-of-alabama?section=… (retrieved 2026-10-12; history line shows Acts 1982-430, 2022-133, 2022-438)

"For purposes of this division, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

"(1) FIREARM. As defined under Section 13A-8-1.

[...]

"(3) SHORT-BARRELED RIFLE. A rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than 26 inches.

"(4) SHORT-BARRELED SHOTGUN. A shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

Ala. Code § 13A-11-63 — Short-barreled rifle or shotgun

Source: alison.legislature.state.al.us/code-of-alabama?section=… (retrieved 2026-10-12; history line ends with Act 2010-496)

(a) A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in violation of federal law is guilty of a Class C felony.

(b) This section does not apply to a peace officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in the course of or in connection with his or her official duties.

Ala. Code § 13A-11-82.1 (Act 2025-54, SB116, 2025 RS) — Pistol-to-machine-gun conversion parts

Source: alison.legislature.state.al.us/code-of-alabama?section=… (retrieved 2026-10-12; history Act 2025-54 §1)

(b) A person who possesses, obtains, receives, sells, or uses a part or combination of parts designed and intended to convert a pistol into a machine gun is guilty of a Class C felony.

(c) This section does not apply to any of the following:

[...]

(2) A person who owns or has in his or her possession, control, care, or custody a firearm, part, or combination of parts that are registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or is otherwise not subject to that registration requirement.

This is a registration-type exemption, but it concerns machine-gun conversion parts only, not suppressors, SBRs, SBSs or AOWs.

Suppressors — no statute found

I reviewed the section titles in Title 13A, Ch. 11, Art. 3, Divisions 1 (13A-11-50 to 61.3), 1A (62-66) and 2 (70-85) section titles; none mention silencers/suppressors or sawed-off firearms beyond 13A-11-62/63. No Alabama Code section restricting suppressors/silencers was found.

Related provisions

  • Hunting with suppressors: the Conservation Advisory Board lifted the ban in 2014 (outdooralabama.com/node/1475). Article says suppressors must be "legally purchased"/tax-stamped. The 2025-26 regulation book (outdooralabama.com) contains no "suppress"/"silenc" text, so I found no current written rule.
  • Alabama has no state assault-weapon ban found; no state NFA-item permit or registration scheme found.

Post-ruling guidance and recent legislation

  • No statement by the Alabama AG or state agencies on the Aug. 5 ruling or the Oct. 9 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Alabama law).
  • Legislation: SB119 (2025 RS) amends §§ 13A-11-61 and 13A-11-72 (not NFA items). No 2025-2026 amendment to § 13A-11-63 found.
  • Sept. 4, 2026: Alabama's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Alabama law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Alaska

Suppressors: Registration or other requirements apply

Short answer for Alaska: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (a "prohibited weapon"; possession is a class C felony unless the affirmative defense of NFA registration is proved)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (rifle under 16 in. barrel or under 26 in. overall is a "prohibited weapon"; same affirmative defense)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (shotgun under 18 in. barrel or under 26 in. overall is a "prohibited weapon"; same affirmative defense)Federal registration
AOWNo item-specific restriction foundNot separately restricted by name; only caught if it fits a "prohibited weapon" category (e.g. sawed-off dimensions, muffling device, auto-fire). Otherwise no state restrictionNone needed (federal registration defense if it falls in a prohibited category)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal (on the text) - AS 11.61.200(a)(3) makes manufacture, possession, transport, sale or transfer of a prohibited weapon a class C felony, and the only federal-law hook, subsection (c), is an affirmative defense requiring the conduct to be "in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act)"; an item no longer registered with ATF would not appear to qualify, though no case law was reviewed.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Alaska, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

Alaska does not license or register these items itself. Instead it defines "prohibited weapon" to include suppressors ("device designed, made, or adapted to muffle the report of a firearm"), machine guns, short-barreled rifles and shotguns (and sawed-off-style firearms under 26 in. overall), and certain explosives. Manufacturing, possessing, transporting, selling or transferring one is a class C felony. The text carves out an exception only as an affirmative defense in (c): the conduct must be "in accordance with registration under 26 U.S.C. 5801-5872." That is a registration-type exception; it does not say "lawful under federal law" or "not in violation of federal law."

Interpretation (not text): an item that is unregistered but within ATF's Oct. 9, 2026 non-enforcement policy has no registration to be "in accordance with," so the defense appears unavailable, and the state offense appears to remain fully in force. Because it is an affirmative defense, the defendant bears the burden of raising it. How this wording applies to an unregistered item is untested. Federal law is also not tied into the definition of the offense, so ATF's change does not alter the state elements. An existing registration may support the defense; whether it applies depends on the person, the item and the conduct. AOWs are not named: a typical AOW (e.g. a smooth-bore pistol, pen gun) is not in the (h)(1) list unless it meets the sawed-off dimensions, muffle, or automatic-fire criteria. Note the overall-length prong in (D) is 26 inches, which could catch some firearms that are not federally classed as SBR/SBS.

Statutory text

AS 11.61.200 - Misconduct involving weapons in the third degree

Source: akleg.gov/basis/statutes.asp?media=print&secStart=11.61… (retrieved 2026-10-12; no currency date shown on the page)

(a) A person commits the crime of misconduct involving weapons in the third degree if the person [...] (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon; [...]

(c) It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act).

[...]

(e) The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.

[...]

(h) As used in this section, (1) prohibited weapon means any (A) explosive, incendiary, or noxious gas (i) mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death; (ii) rocket, other than an emergency flare, having a propellant charge of more than four ounces; (iii) bomb; or (iv) grenade; (B) device designed, made, or adapted to muffle the report of a firearm; (C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or (D) rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches; [...]

(i) Misconduct involving weapons in the third degree is a class C felony.

Also relevant, (a)(10): a convicted felon who "resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling" (subject to exceptions in (b)(2)).

Related provisions

  • AS 11.61.200(h)(1)(D) independently sets Alaska's own barrel/overall length thresholds (16 in. rifle, 18 in. shotgun, 26 in. overall), not tied to federal definitions.
  • Hunting with a suppressor: Alaska's hunting regulations (5 AAC 92) are outside this guide and may restrict suppressors.
  • Preemption of local firearm ordinances, AS 29.35.145(a) (akleg.gov/basis/statutes.asp?media=print&secStart=29.35…, retrieved 2026-10-12): "The authority to regulate firearms and knives is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxation, or registration of firearms or knives."
  • No Alaska assault-weapon law was identified.

Post-ruling guidance and recent legislation

  • No Alaska AG, Department of Public Safety, or other state statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Alaska law).
  • No 2025-2026 legislation amending AS 11.61.200 found as of 2026-10-12.
  • Sept. 4, 2026: Alaska's Acting Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Alaska law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Arizona

Suppressors: Unsettled

Short answer for Arizona: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. The answer for suppressors, SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (prohibited weapon unless possessed, manufactured or transferred "in compliance with federal law")Federal compliance
SBRUnsettledRestricted, with an exception (same)Federal compliance
SBSUnsettledRestricted, with an exception (same)Federal compliance
AOWNo item-specific restriction foundNot a listed prohibited weapon unless it also meets the barrel/overall-length or silencer definitions; otherwise no restrictionNone needed (except where it overlaps the SBR/SBS definition)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — The exception says "in compliance with federal law" and does not name registration. Whether an unregistered suppressor/SBR/SBS that ATF has chosen not to enforce against is "in compliance with federal law" is untested, because the NFA statutes remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Arizona, the exception for suppressors, SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Arizona defines "prohibited weapon" to include silencers, machine guns, and short-barreled rifles/shotguns (rifle under 16 in., shotgun under 18 in., or a firearm made from a rifle/shotgun under 26 in. overall). Manufacturing, possessing, transporting, selling or transferring one is misconduct involving weapons, a class 4 felony (A.R.S. 13-3102(A)(3), (M)). The statutory exception (13-3101(B), verbatim above) removes items "possessed, manufactured or transferred in compliance with federal law." That is a federal compliance exception: it does not mention NFA registration, a tax stamp or the NFRTR. Text says only "compliance with federal law"; my interpretation follows. Because ATF's Oct. 9, 2026 letter is enforcement discretion and does not repeal the NFA, a court could read "compliance" as still requiring registration (the statute is still on the books). How this wording applies to an unregistered item is untested; the cautious assumption is that the exception may not cover an unregistered item until a court or the Arizona attorney general says otherwise. AOWs are not named; a smooth-bore pistol or similar AOW is not a prohibited weapon unless it meets a listed definition. Arizona has no state registration or permit scheme.

Statutory text

A.R.S. § 13-3101 — Definitions ("prohibited weapon")

Source: azleg.gov/ars/13/03101.htm (retrieved 2026-10-12; page shows no currency note)

8. "Prohibited weapon": (a) Includes the following: (i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas. (ii) A device that is designed, made or adapted to muffle the report of a firearm. (iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger. (iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches. (v) A breakable container that contains a flammable liquid [...] (vi)-(viii) [...] (b) Does not include: (i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances. (ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes. (iii) A device that is commercially manufactured primarily for the purpose of illumination.

B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law.

A.R.S. § 13-3102 — Misconduct involving weapons

Source: azleg.gov/ars/13/03102.htm (retrieved 2026-10-12; no currency note shown)

A. A person commits misconduct involving weapons by knowingly: [...] 3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or 4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; [...]

M. [...] Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony. [...]

Related provisions

  • A.R.S. 13-3101(A)(8)(b) fireworks/propellant-tool/illumination exclusions (verbatim above).
  • A.R.S. 13-3108(A)-(B) (azleg.gov/ars/13/03108.htm): "a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state" (subject to subsection G exceptions). Local bodies cannot add their own suppressor/SBR rules.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 (no Arizona AG or DPS statement). The azleg.gov pages for 13-3101 and 13-3102 carry no revision note, and no 2025-2026 amendment to the quoted text was apparent.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Arkansas

Suppressors: No item-specific restriction found

Short answer for Arkansas: I found no item-specific state restriction on possessing suppressors; general firearm laws still apply. The answer for SBRs, SBSs and AOWs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (the "silent discharge" prohibition was deleted by Acts 495 and 1051 of 2019; no state registration)None needed
SBRUnsettledNo state restriction found (§ 5-73-104(a) no longer names "sawed-off shotgun or rifle"; deleted by Act 1051 of 2019). Only the catch-all in (a)(3) is conceivably in play, and subsection (b) excepts items in compliance with the NFA as it existed on Jan. 1, 2019.Federal compliance (catch-all only; otherwise none needed)
SBSUnsettledSame as SBRFederal compliance (same reasoning)
AOWUnsettledNo state restriction found (not named in § 5-73-104; only the catch-all in (a)(3) is conceivably in play, with the same NFA-compliance exception).Federal compliance (catch-all only; otherwise none needed)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No named prohibition found; a catch-all clause makes the answer for SBRs, SBSs and AOWs uncertain - Arkansas's prohibited-weapons statute, § 5-73-104(a), now lists only a bomb, metal knuckles and an "other implement for the infliction of serious physical injury or death that serves no lawful purpose." It does not name suppressors, SBRs, SBSs or AOWs, and I found no Arkansas registration requirement. Subsection (b) states that the section "does not apply" to an item in compliance with the National Firearms Act "as either existed on January 1, 2019," a date-frozen reference, so ATF's 2026 enforcement discretion and the 2025 $0 tax do not change what "compliance" means there. For caution, I would treat an unregistered SBR, SBS or AOW as outside that exception and I would not assume the catch-all can never reach it.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Arkansas, the exception for SBRs, SBSs and AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Arkansas's criminal-use-of-prohibited-weapons statute, § 5-73-104, now covers only a bomb, metal knuckles, and a catch-all "other implement for the infliction of serious physical injury or death that serves no lawful purpose." Before 2019 it also listed machine guns, sawed-off shotguns and rifles, and any "firearm specially made or specially adapted for silent discharge." Act 1051 of 2019 deleted those three items from subsection (a), and Act 495 of 2019 (SB 400) separately targeted the silent-discharge item, so I found no state restriction on suppressors, SBRs or SBSs (no state registration and no state tax). The definitions of "sawed-off or short-barreled" rifle and shotgun remain in § 5-1-102(19) and (20) (rifle: barrel under 16 inches, or modified weapon under 26 inches overall; shotgun: barrel under 18 inches, or modified weapon under 26 inches overall), but I found no current offense in § 5-73-104 that uses them. Neither the definitions in § 5-73-101 nor those in § 5-1-102 define a silencer, suppressor or "any other weapon."

What the text says: subsection (b) tells us the section "does not apply" to an item in compliance with the National Firearms Act "or other applicable federal law, as either existed on January 1, 2019." My interpretation: that is a static, date-frozen reference, so the $0 tax, the Aug. 2026 Silencer Shop ruling and ATF's Oct. 9, 2026 non-enforcement letter would not change what "compliance" means. SBRs, SBSs and AOWs are not named, so the only route to them is the (a)(3) catch-all. I read that as unlikely to reach an ordinary firearm, but for a person holding an unregistered item I would not rule it out, because an unregistered item would not be "in compliance" with the 2019 NFA. A properly registered item appears to fall within the exception.

Statutory text

Ark. Code Ann. § 5-73-104 - Criminal use of prohibited weapons

Source: lexisnexis.com/hottopics/arcode/Default.asp (retrieved 2026-10-12; official Arkansas Code, current through the First Extraordinary Session, 2026; history ends with Acts 2019, No. 495, § 1 and No. 1051, § 1)

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any:

(1) Bomb;

(2) Metal knuckles; or

(3) Other implement for the infliction of serious physical injury or death that serves no lawful purpose.

(b) This section does not apply if the person uses, possesses, makes, repairs, sells, or otherwise deals in an item described in this section that is in compliance with the National Firearms Act, 26 U.S.C. §§ 5801- 5861, or other applicable federal law, as either existed on January 1, 2019.

(c) It is a defense to prosecution under this section that:

(1) The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the United States Armed Forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or

(2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.

(d)

(1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb.

(2) Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles.

(3) Otherwise, criminal use of prohibited weapons is a Class D felony.

Session law that produced this text (strike-through markup shows machine gun, sawed-off shotgun or rifle, and firearm specially made or specially adapted for silent discharge deleted from subsection (a), and the new subsection (b) added): Act 1051 of 2019 (HB 1820), approved 4/16/19.

Source: arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2019… (retrieved 2026-10-12; enrolled Act 1051 of the 2019 Regular Session)

Ark. Code Ann. § 5-1-102 - Definitions (sawed-off or short-barreled rifle and shotgun)

Source: law.justia.com/codes/arkansas/title-5/subtitle-1/chapte… (retrieved 2026-10-12; 2023 Arkansas Code edition; history shown ends with Act 2021, No. 931, eff. 7/28/2021)

(19) "Sawed-off or short-barreled rifle" means:

(A) A rifle having one (1) or more barrels less than sixteen inches (16") in length; or

(B) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

(20) "Sawed-off or short-barreled shotgun" means:

(A) A shotgun having one (1) or more barrels less than eighteen inches (18") in length; or

(B) Any weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon, as modified, has an overall length of less than twenty-six inches (26");

Ark. Code Ann. § 5-73-129 - Furnishing a handgun or a prohibited weapon to a felon

Source: codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-… (retrieved 2026-10-12; page shows "Current as of March 28, 2024")

(b) A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes:

(1) A bomb;

(2) Metal knuckles;

(3) A defaced firearm, as described in § 5-73-107; or

(4) Other implement for the infliction of serious physical injury or death that serves no lawful purpose,

to a person he or she knows has been found guilty of or who has pleaded guilty or nolo contendere to a felony.

Related provisions

  • Act 1051 of 2019 also deleted the sawed-off, silent-discharge and machine-gun items from §§ 5-73-109 (furnishing a deadly weapon to a minor), 5-73-129 (furnishing a prohibited weapon to a felon) and 5-73-132 (transfer to a prohibited person) (same Act 1051 PDF as above). The current text of § 5-73-129 is quoted above.
  • Chapter 73, Subchapter 1 (Possession and Use Generally, §§ 5-73-101 to 5-73-133) lists no section dealing with suppressors, silencers or mufflers. I did not identify an Arkansas assault-weapon law.

Post-ruling guidance and recent legislation

  • No Arkansas AG, State Police or other agency statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Arkansas law).
  • Legislation: 2019 Acts 495 (SB 400) and 1051 (HB 1820) are the last amendments to § 5-73-104 shown in the 2024 Arkansas Code edition.
  • Sept. 4, 2026: Arkansas's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Arkansas law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

California

Suppressors: Prohibited under state law

Short answer for California: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (felony possession; no civilian exception in § 33410)Banned
SBRProhibited under state lawBanned for ordinary civilians; exceptions are a DOJ permit (film props / licensed dealers-manufacturers selling to law enforcement), law enforcement and military, and listed exemptions such as antiques and curiosState permit (permit also must be "not in violation of federal law")
SBSProhibited under state lawSame as SBRState permit
AOWUnsettledMostly banned indirectly (e.g., pen gun, cane gun, wallet gun, "firearm not immediately recognizable as a firearm", zip gun, unconventional pistol); § 17710 exempts a federal "any other weapon" from the "generally prohibited weapon" list only for a person "permitted to possess the weapons under the federal Gun Control Act", and never a pen gunUnclear (federal compliance-style exemption, narrow; no registration language).

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal. California bans suppressors, SBRs and SBSs outright for ordinary civilians with no federal-law carve-out, so federal non-enforcement changes nothing; the CA DOJ said so in Information Bulletin 2026-DLE-16.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In California, the exception for AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. Registration does not help with suppressors, SBRs and SBSs in California: the restriction there applies whether or not the item is federally registered.

Analysis

California does not borrow the NFA's categories. It bans each item under its own definitions.

  • Suppressors: § 33410 makes possession a felony (state prison under § 1170(h) or a fine up to $10,000, or both). It has no exception tied to federal law, registration or a tax stamp. The definition (§ 17210) is broader than the federal one in some respects: it covers any device "intended for use in" muffling a firearm's report, and parts. I found no permit route for civilians.
  • SBRs and SBSs: §§ 33210 and 33215 ban manufacture, import, sale, lending and possession, punishable as a county-jail (up to one year) or § 1170(h) offense. Exceptions include law enforcement and military (§ 33220), a DOJ permit (§§ 33225, 33300), and the exemptions in the chapter beginning at § 17700, such as antiques and curios. "Good cause" for a permit is limited to film props and licensed dealers/manufacturers selling to the § 33220 agencies. The text of § 33225 requires permit authorization "and not in violation of federal law", which is the only federal-law-linked wording. It operates as an extra condition on a state permit, and registration is not named. An ordinary civilian is not within it.
  • AOWs: There is no general "AOW" offense. Items that are federal AOWs are caught by specific state bans (see Related provisions). § 17710 exempts a federal "any other weapon" from the § 16590 list for a person "permitted to possess" it "under the federal Gun Control Act", excluding pen guns. How far that reaches, and whether it matters for ordinary smooth-bore handguns or similar, is uncertain (my interpretation: it is narrow).

Because the state ban has no federal exception, ATF's Oct. 9 non-enforcement posture changes nothing under state law. The DOJ bulletin says the same about the Aug. 5 ruling. Penalties are felony or misdemeanor-range depending on the section.

Statutory text

Penal Code sections below are from the official leginfo.legislature.ca.gov site, retrieved 2026-10-12.

Cal. Penal Code § 33410 — Silencer possession

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.

Cal. Penal Code § 17210 — "Silencer" definition

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

As used in Chapter 9 (commencing with Section 33410) of Division 10 of Title 4, "silencer" means any device or attachment of any kind designed, used, or intended for use in silencing, diminishing, or muffling the report of a firearm. The term "silencer" also includes any combination of parts, designed or redesigned, and intended for use in assembling a silencer or fabricating a silencer and any part intended only for use in assembly or fabrication of a silencer.

Cal. Penal Code § 33210 — SBR/SBS general prohibition

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Except as expressly provided in Section 33215 to 33225, inclusive, and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, and solely in accordance with those provisions, no person may manufacture, import into this state, keep for sale, offer for sale, give, lend, or possess any short-barreled rifle or short-barreled shotgun. Nothing else in any provision listed in Section 16580 shall be construed as authorizing the manufacture, importation into the state, keeping for sale, offering for sale, or giving, lending, or possession of any short-barreled rifle or short-barreled shotgun.

Cal. Penal Code § 33215 — SBR/SBS offense

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Cal. Penal Code § 33220 — Law-enforcement/military exceptions

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Section 33215 does not apply to either of the following:

(a) The sale to, purchase by, or possession of short-barreled rifles or short-barreled shotguns by a police department, sheriff's office, marshal's office, the California Highway Patrol, the Department of Justice, the Department of Corrections and Rehabilitation, or the military or naval forces of this state or of the United States, for use in the discharge of their official duties.

(b) [...] peace officer members of [listed agencies], when on duty and the use is authorized by the agency and is within the course and scope of their duties, and the officers have completed a training course [...] certified by the Commission on Peace Officer Standards and Training.

Cal. Penal Code § 33225 — DOJ-permit exception

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Section 33215 does not apply to the manufacture, possession, transportation, or sale of a short-barreled rifle or short-barreled shotgun, when authorized by the Department of Justice pursuant to Article 2 (commencing with Section 33300) and not in violation of federal law.

Cal. Penal Code § 33300(a)-(b) — DOJ permit; limited good cause

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

(a) Upon a showing that good cause exists for issuance of a permit to the applicant, and if the Department of Justice finds that issuance of the permit does not endanger the public safety, the department may issue a permit for the manufacture, possession, importation, transportation, or sale of short-barreled rifles or short-barreled shotguns. [...]

(b) Good cause, for the purposes of this section, shall be limited to only the following:

(1) The permit is sought for the manufacture, possession, importation, or use with blank cartridges, of a short-barreled rifle or short-barreled shotgun, solely as a prop for a motion picture, television, or video production or entertainment event.

(2) The permit is sought for the manufacture of, exposing for sale, keeping for sale, sale of, importation or lending of short-barreled rifles or short-barreled shotguns to the entities listed in Section 33220 by persons who are licensed as dealers or manufacturers under the provisions of Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto.

Cal. Penal Code §§ 17170, 17180 — SBR/SBS definitions

Sources: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; amended by Stats. 2014, Ch. 103, eff. Jan. 1, 2015); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; amended by Stats. 2014, Ch. 103, eff. Jan. 1, 2015)

§ 17170: As used in this part, "short-barreled rifle" means any of the following: (a) A rifle having a barrel or barrels of less than 16 inches in length. (b) A rifle with an overall length of less than 26 inches. (c) Any weapon made from a rifle [...] if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. [...]

§ 17180: As used in this part, "short-barreled shotgun" means any of the following: (a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length. (b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell. (c) Any weapon made from a shotgun [...] if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. [...]

Both definitions also reach readily-restorable devices and conversion parts or part combinations in the same person's possession (subds. (d)-(e)). The definitions are state-law and do not refer to the NFA.

Cal. Penal Code § 33290 — SBR/SBS nuisance

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

Except as provided in Section 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any short-barreled rifle or short-barreled shotgun is a nuisance and is subject to Section 18010.

Cal. Penal Code § 16590(s) — SBR/SBS as "generally prohibited weapon"

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2021, Ch. 434, Sec. 22 (SB 827), effective January 1, 2022)

As used in this part, "generally prohibited weapon" means any of the following: [...] (s) A short-barreled rifle or short-barreled shotgun, as prohibited by Section 33215. [...]

The same list includes (g) cane gun, (k) "A firearm that is not immediately recognizable as a firearm, as prohibited by Section 24510", (u) unconventional pistol, (w) wallet gun, (y) zip gun, (q) multiburst trigger activator.

Cal. Penal Code §§ 24510, 24410, 24710, 31500, 33600 — Disguised and homemade-type firearms

Sources: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 101 (SB 1023), effective June 27, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 100 (SB 1023), effective June 27, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 103 (SB 1023), effective June 27, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 106 (SB 1023), effective June 27, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2012, Ch. 43, Sec. 110 (SB 1023), effective June 27, 2012)

§ 24510: Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any firearm not immediately recognizable as a firearm is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.

Sections 24410, 24710, 31500 and 33600 use the same wording, with "any cane gun", "any wallet gun", "any unconventional pistol" and "any zip gun" in place of "any firearm not immediately recognizable as a firearm", and the same penalty.

Cal. Penal Code § 17710 — "Any other weapon" exemption

Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

(a) The provisions listed in Section 16590 do not apply to "any other weapon" as defined in subsection (e) of Section 5845 of Title 26 of the United States Code, which is in the possession of a person permitted to possess the weapons under the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto.

[...]

(c) The exemption provided by this section does not apply to a pen gun.

Cal. Penal Code §§ 32625(a), 18710 — Machine gun and destructive device (one-liners)

Sources: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)

§ 32625(a): Any person, firm, or corporation, who within this state possesses or knowingly transports a machinegun, except as authorized by this chapter, is guilty of a public offense [...]

§ 18710(a): Except as provided by this chapter, any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, is guilty of a public offense.

Section 32625(a) is punished under Section 1170(h) or by a fine up to $10,000; 32625(b) adds 4/6/8 years for converting, selling or manufacturing.

Related provisions

  • Pen. Code § 24510 and § 16590(k): firearm not immediately recognizable as a firearm (often a federal AOW). Offense text quoted above. The Penal Code's definitions division (Part 6, Title 1, Division 2, §§ 16100-17360) has no section defining "firearm not immediately recognizable as a firearm"; the phrase appears only in the offense (§ 24510) and the § 16590(k) list. With no statutory definition, I would treat any firearm that is disguised or built into another object, or otherwise does not look like an ordinary firearm, as at risk.
  • Pen. Code §§ 24410 (cane gun), 24710 (wallet gun), 31500 (unconventional pistol), 33600 (zip gun): offense text quoted above; each carries the same county-jail or § 1170(h) penalty.
  • Pen. Code § 16330: "As used in this part, 'cane gun' means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein."
  • Pen. Code § 17330: "As used in this part, 'wallet gun' means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case."
  • Pen. Code § 17360: "As used in this part, 'zip gun' means any weapon or device that meets all of the following criteria: (a) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 [...] and the regulations issued pursuant thereto. (c) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F [...] and G [...] of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion." Source for §§ 16330, 17330, 17360: leginfo.legislature.ca.gov/faces/codes_displayText.xhtm…. (retrieved 2026-10-12; each section shows "Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012")
  • Pen. Code § 17270 defines "unconventional pistol" as a firearm that "does not have a rifled bore" and "has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches." Source: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12)
  • Pen. Code § 16530(b): a pistol can also be found to be an SBR or SBS.
  • Pen. Code §§ 17700-17740: exemptions from § 16590 for antiques, curios/relics, film production and law enforcement; most carve out SBRs and SBSs expressly (§§ 17720, 17725, 17730, 17740).
  • Assault-weapon statutes (Pen. Code §§ 30510, 30515, 30600, 30605). Section 30510 lists named rifles, pistols and shotguns by model and series and has no barrel-length prong. Section 30515 is a separate, feature-based definition that does reach short guns. § 30515(a): "Notwithstanding Section 30510, 'assault weapon' also means any of the following: [...] (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. [...] (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. [...] (11) A semiautomatic centerfire firearm that is not a rifle, pistol, or shotgun, that has an overall length of less than 30 inches." § 30600(a): "Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years." § 30605(a): "Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170." So a semiautomatic, centerfire rifle under 30 inches overall is an "assault weapon" regardless of barrel length, which means a semiautomatic centerfire SBR under 30 inches overall is independently caught here as well as by § 33215; other SBRs turn on the remaining assault-weapon criteria. The prong is limited to semiautomatic centerfire rifles (and similar centerfire firearms in (a)(11)); a bolt-action or rimfire short rifle is not reached by it, though § 33215 would still apply. Section 30605(b) gives a reduced $500 fine only for a first violation by a person who lawfully possessed the firearm before it was defined as an assault weapon, had no more than two firearms registered, and met the other listed conditions, so I would not count on it for an unregistered SBR. The pistol prong (a)(4)(A) also names a threaded barrel capable of accepting a silencer as a feature, though it does not itself ban the silencer. Sources: leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2024, Ch. 540, Sec. 15 (AB 3064), effective January 1, 2025); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2020, Ch. 29, Sec. 38 (SB 118), effective August 6, 2020); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2011, Ch. 15, Sec. 549 (AB 109), operative January 1, 2012); leginfo.legislature.ca.gov/faces/codes_displaySection.x… (retrieved 2026-10-12; Amended by Stats. 2011, Ch. 15, Sec. 550 (AB 109), operative January 1, 2012). The rest of the assault-weapons chapter (§§ 30500-31115) is not covered in this entry.
  • Hunting with a suppressor: none; suppressors are banned.
  • Firearms freedom act: none found.
  • Gov. Code § 53071 (retrieved 2026-10-12 from leginfo.legislature.ca.gov/faces/codes_displaySection.x…; Added by renumbering Section 9619 by Stats. 1971, Ch. 438): "It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code."
  • Civ. Code §§ 3273.50-3273.51: firearm industry members must follow California law (cited in the AG bulletin).

Post-ruling guidance and recent legislation

  • Cal. DOJ Information Bulletin 2026-DLE-16, "Important Notice Regarding California Law Prohibition of National Firearms Act (NFA)-Regulated Firearms," Sept. 18, 2026: oag.ca.gov/system/files/media/2026-dle-16.pdf. Quote: "This district court ruling regarding the federal NFA does not change the fact that many NFA-regulated devices remain illegal to possess or sell under California law. This includes silencers (Pen. Code, § 33410), short-barreled rifles and short-barreled shotguns (Pen. Code, § 33215), and firearms not immediately recognizable as a firearm (Pen. Code, §§ 24510, 16590)." It also states these remain illegal "including for members of the plaintiff groups".
  • This bulletin predates the Oct. 9, 2026 ATF letter. No California statement on the ATF letter found as of 2026-10-12.
  • No enacted 2025-2026 amendment to the quoted sections found. The history lines show last amendments of 2011-2015.
  • SB 649 (2025-2026 session, Sen. Alvarado-Gil), "Firearms: silencers." As amended March 24, 2025, its digest says: "This bill would replace the term 'silencer' with the term 'suppressor' in the above provisions" (Pen. Code §§ 1203, 17210, 18005, 30515, 33410 and 33415, plus Bus. & Prof. Code § 22949.61). It is a terminology change; it does not remove the § 33410 felony or the § 33415 exceptions. The bill status page shows "Inactive Bill - Died", with the last history action on 02/02/26: "Returned to Secretary of Senate pursuant to Joint Rule 56." It was never enacted. Sources: leginfo.legislature.ca.gov/faces/billStatusClient.xhtml… (retrieved 2026-10-12; status "Inactive Bill - Died"); leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bi… (retrieved 2026-10-12; version 03/24/25 - Amended Senate)

Case law and AG opinions

Sanchez v. Bonta, No. 24-cv-767-RSH-MSB (S.D. Cal. Aug. 28, 2024), order granting the Attorney General's motion to dismiss [ECF No. 17]. Plaintiff, pro se, brought a facial Second Amendment challenge to Pen. Code § 33410. The court held: "The Court concludes that silencers are not 'bearable arms' for purposes of the Second Amendment." It reasoned that a silencer "is an accessory unnecessary to the essential operation of a firearm," dismissed the complaint without leave to amend, and did not reach the State's alternative arguments. The order is a district-court ruling on a motion to dismiss, not a binding precedent. The plaintiff appealed to the Ninth Circuit as No. 24-5566; I am not relying on any appellate ruling. Source: michellawyers.com/wp-content/uploads/2025/05/2024-12-20… (retrieved 2026-10-12; pages SER-003 to SER-009, the order as filed in the Ninth Circuit excerpts of record)

Net effect: Sanchez leaves the silencer ban standing, and the bans have no federal-law carve-out. The position of someone holding an unregistered item is unchanged: illegal.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Colorado

Suppressors: Registration or other requirements apply

Short answer for Colorado: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs. Colorado's only defense is a "valid permit and license," which the statute does not define.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception: class 5 felony to possess unless affirmative defense "valid permit and license" appliesUnclear; closest to federal registration (the "permit and license" might be read as the federal NFA approval/tax stamp, but the statute never says so).
SBRRegistration or other requirements applySame as suppressor ("short rifle": barrel < 16 in. or overall length < 26 in.)Same as suppressor
SBSRegistration or other requirements applySame as suppressor ("short shotgun": barrel < 18 in. or overall length < 26 in.)Same as suppressor
AOWNo item-specific restriction foundNot named in 18-12-102; no state restriction found beyond general lawNone needed (as to 18-12-102)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear, leaning illegal — The state statute is a flat felony ban with only a generic "valid permit and license" defense that does not mention federal law. If that phrase means an approved NFA registration, an unregistered item has no defense. If it means any lawful federal authorization, how this wording applies to an unregistered item is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Colorado, the only defense is a "valid permit and license," which the statute does not define. A federally registered item is the one most likely to fit it.

Analysis

Colorado does not define its offense by reference to the NFA. Section 18-12-102 makes knowing possession of a firearm silencer, short rifle or short shotgun (and machine guns and rapid-fire devices) a class 5 felony. The only civilian-relevant exception is the affirmative defense that the person "has a valid permit and license for possession of such weapon." The text names neither the NFA nor federal law, and I found no Colorado permit or license scheme for these items in Title 18, Article 12. The phrase may mean federal NFA approval and tax stamp, which would make it registration-like in practice, but the statute does not say so.

Implication: after the ATF Open Letter, a person with an unregistered suppressor/SBR/SBS has no NFRTR approval. Whether any "permit and license" exists is doubtful, so the defense appears unavailable on the most natural reading, leaving exposure to a felony charge regardless of federal non-enforcement. How this wording applies to an unregistered item is untested. Also note it is an affirmative defense, so the defendant carries the burden. The definitions are length-based, so a rifle with a barrel under 16 in. OR overall length under 26 in. is "short" under state law, which is broader in some respects than the federal SBR definition (there is no federal 26 in. overall-length trigger for rifles, only 26 in. as a floor for the weapon "made from a rifle").

AOWs are not named in § 18-12-102 or in the definitions in § 18-12-101. The 2026 edition of Title 18 contains no "any other weapon" or "pen gun" category. Other weapons that fall within the article's general provisions (for example a concealed weapon under § 18-12-105) are governed by those provisions, which I did not analyze.

Statutory text

C.R.S. § 18-12-102 — Possessing a dangerous or illegal weapon - affirmative defense - definition

Source: olls.info/crs/crs2026-title-18.pdf (retrieved 2026-10-12; official Colorado Revised Statutes 2026, Title 18, current with the 2026 Second Regular Session of the 75th General Assembly; history line shows the last amendment to this section as L. 2025, SB 25-003, effective April 10, 2025)

(1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle.

(2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, ballistic knife, or metallic knuckles.

(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony.

(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.

(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.

C.R.S. § 18-12-101(1) — Definitions (selected)

Source: olls.info/crs/crs2026-title-18.pdf (retrieved 2026-10-12; official Colorado Revised Statutes 2026, Title 18, current with the 2026 Second Regular Session; history line shows amendments by SB 25-003 and SB 25-300 in 2025 and HB 25-1133 effective July 1, 2026)

(j) "Firearm" means any weapon, including a starter gun, that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of a firearm; or a firearm silencer.

[...]

(k) "Firearm silencer" means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon.

[...]

(s) "Machine gun" means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.

[...]

(u.3) "Rapid-fire device" means any device, part, kit, tool, accessory, or combination of parts that has the effect of increasing the rate of fire of a semiautomatic firearm above the standard rate of fire for the semiautomatic firearm that is not otherwise equipped with that device, part, or combination of parts.

[...]

(v) "Short rifle" means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches.

(w) "Short shotgun" means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches.

Related provisions

  • C.R.S. § 18-12-101(1)(j): "firearm" includes "a firearm silencer."
  • Gun show vendor certification, C.R.S. § 18-12-504 (same source): the certification form tells a vendor not to sell "Dangerous weapons, as defined in section 18-12-102, C.R.S., and illegal weapons, as defined in section 18-12-102, C.R.S., unless the transferee presents a valid permit for possession of the weapon." The form does not say what kind of permit that is.
  • Sentencing enhancement, C.R.S. § 18-1.3-406(7)(a): a crime of violence charged with use of "a dangerous weapon as defined in sections 18-12-101 and 18-12-102" carries an additional five-year sentence. Same source.
  • Specified semiautomatic firearms, C.R.S. § 18-12-116 (SB 25-003; same source): from August 1, 2026 it is unlawful "to knowingly manufacture, distribute, transfer, sell, or purchase a specified semiautomatic firearm" (class 2 misdemeanor; second or later offense a class 6 felony), with a carve-out for selling or transferring to a person residing in another state or to a federally licensed firearm dealer. "Specified semiautomatic firearm" includes "A semiautomatic rifle or semiautomatic shotgun with a detachable magazine," subject to listed exclusions (for example rimfire-only firearms without separate upper and lower receivers, manually operated actions, permanently fixed magazines of fifteen rounds or fewer, listed models, antiques and curios or relics). The section restricts manufacture, transfer, sale and purchase, not possession. A short-barreled semiautomatic rifle or shotgun with a detachable magazine can therefore fall under this section in addition to § 18-12-102.
  • Rapid-fire devices: SB 25-003 added "rapid-fire device" to the "dangerous weapon" list in § 18-12-102(1) (quoted above), replacing the earlier "machine gun conversion device" wording.
  • Local law, C.R.S. § 29-11.7-103(1) (Source: olls.info/crs/crs2026-title-29.pdf (retrieved 2026-10-12; official Colorado Revised Statutes 2026, Title 29, current with the 2026 Second Regular Session)): "Unless otherwise expressly prohibited pursuant to state law, a local government may enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory that a person may lawfully sell, purchase, transfer, or possess under state or federal law." Such a local law "may not impose a requirement ... that is less restrictive than state law." Colorado does not preempt stricter local rules, so a city or county can add its own restrictions.
  • Scope of review: Title 18, Article 12 (Parts 1 through 5, sections 18-12-101 to 18-12-506) and a text search of all of Title 18 of the 2026 edition for "silencer," "suppressor," "muffler," "short-barreled," "sawed-off," "short rifle," "short shotgun" and "short barrel," plus a search of Titles 29 and 33 for "silencer," "suppressor" and "muffler." The only operative references are in §§ 18-12-101 and 18-12-102 (plus the cross-references above). Title 33 (wildlife) contains no provision on suppressors.

Post-ruling guidance and recent legislation

  • Colorado AG or state agency statement on the Aug. 5 ruling or Oct. 9 ATF letter: None found as of 2026-10-12.
  • 2025-2026 amendments to 18-12-102: SB 25-003 (effective April 10, 2025) replaced "machine gun conversion device" with "rapid-fire device" in subsection (1). Subsections (2) through (5), the penalty and the "valid permit and license" defense are unchanged. No 2026 act amended § 18-12-102 or the definitions of "firearm silencer," "short rifle" or "short shotgun."
  • 2026 acts in Article 12: HB 26-1144 (effective July 1, 2026) added § 18-12-118 on three-dimensional printing of a firearm or firearm component, where "firearm component" includes an unfinished frame or receiver, a large-capacity magazine or a rapid-fire device. HB 26-1126 amended concealed-handgun-permit provisions in Part 2. Neither addresses suppressors, SBRs or SBSs.

Case law and AG opinions

  • People v. Sandoval, 2016 COA 14, 409 P.3d 425 (Colo. App. 2016) (source: static.case.law/p3d/409/cases/0425-01.json, retrieved 2026-10-12): affirmed a conviction under § 18-12-102 for a short shotgun. The court held that the state and federal constitutions do not protect possessing a short shotgun for self-defense, reasoning that "section 18-12-102 does not impose a 'flat prohibition' on any person's possession of a weapon in self-defense; it only restricts the type of weapon that may be possessed." The opinion does not discuss the "valid permit and license" defense.

Net effect: Sandoval shows the short-shotgun offense being enforced and surviving a constitutional challenge. It does not address the "valid permit and license" defense, and the lack of any federal-law wording leaves an unregistered holder without a clear defense and bearing the burden.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Connecticut

Suppressors: Unsettled

Short answer for Connecticut: The answer for suppressors, SBRs, SBSs and AOWs is unsettled. For SBRs and AOWs the doubt comes from Connecticut's assault-weapon law, not from federal law.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (class D felony unless "licensed or otherwise permitted by federal or state law"); no use when huntingFederal compliance
SBRUnsettledNo standalone state ban or registration; semiautomatic SBRs likely caught by the state assault-weapon law (overall length under 30 in., arm-brace, etc.) and then banned unless grandfathered.None needed (NFA-specific); banned where assault-weapon definition applies
SBSUnsettledRestricted, with an exception: "sawed-off shotgun" (barrel under 18 in. or overall length under 26 in.) is a class D felony unless "licensed or otherwise permitted by federal or state law"Federal compliance
AOWUnsettledNo standalone state law; semiautomatic non-pistol/revolver/rifle/shotgun firearms with listed features are assault weapons (banned, grandfathering only)Banned where assault-weapon definition applies; otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear. Suppressors and sawed-off shotguns are exempt only for those "licensed or otherwise permitted by federal or state law," and the text does not say "registered." Whether a person who never applied is "permitted" under ATF's enforcement-discretion policy is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Connecticut, the exception for suppressors and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here. For SBRs and AOWs, the open question is the state assault-weapon law, which federal registration does not answer; see the short answer above.

Analysis

Connecticut has no state NFA-style registry for suppressors or SBSs. Section 53a-211 makes owning a silencer or a sawed-off shotgun (barrel under 18 in. or overall length under 26 in.) a class D felony. Subsection (b) exempts persons "licensed or otherwise permitted by federal or state law." That is the federal compliance type: it does not mention the NFA, registration or a tax stamp. I found no separate Connecticut permit for these items. The text supports two readings. One is that "permitted by federal law" means approved under the NFA (an approved Form 1 or 4). The other is that it means not federally prohibited. Under ATF's Oct. 9 policy ATF is not enforcing the registration requirement, but the item is not approved either, and the federal statutes remain on the books. That is my interpretation, and the cautious assumption is that the exception may not cover an unregistered item until a court or the Connecticut attorney general says otherwise. Penalty is a class D felony.

SBRs are not named in § 53a-211. They are reached only through the assault-weapon law (§§ 53-202a, 53-202c), which is not tied to federal law and uses features-based definitions. Short semiautomatic rifles under 30 in., rifles with folding stocks, and non-rifle semiautomatic firearms (the likely category for many AOWs) with grips or braces can qualify. Possession is a class D felony except for pre-cutoff, certificate-registered guns. Machine guns require NFA-lawful status plus state registration. For machine guns the exception names the NFA, but the other items' exception does not.

Statutory text

Conn. Gen. Stat. § 53a-211 — Possession of a sawed-off shotgun or silencer: Class D felony

Source: cga.ct.gov/current/pub/chap_952.htm (retrieved 2026-10-12; page header says readers should consult the 2026 Supplement, revised to Jan. 1, 2026, for 2025 amendments)

Sec. 53a-211. Possession of a sawed-off shotgun or silencer: Class D felony. (a) A person is guilty of possession of a sawed-off shotgun or a silencer when he owns, controls or possesses any sawed-off shotgun that has a barrel of less than eighteen inches or an overall length of less than twenty-six inches or when he owns, controls or possesses any silencer designed to muffle the noise of a firearm during discharge.

(b) The provisions of this section shall not apply to persons, firms, corporations or museums licensed or otherwise permitted by federal or state law to possess, control or own sawed-off shotguns or silencers.

(c) Possession of a sawed-off shotgun or a silencer is a class D felony.

Conn. Gen. Stat. § 53-202 — Machine guns (excerpt)

Source: cga.ct.gov/current/pub/chap_943.htm (retrieved 2026-10-12; page header says readers should consult the 2026 Supplement, revised to Jan. 1, 2026, for 2025 amendments)

(g) Each machine gun in this state adapted to use projectiles of any caliber shall be registered in the office of the Commissioner of Emergency Services and Public Protection within twenty-four hours after its acquisition and, thereafter, annually, on July first. [...]

(h) No provision of this section shall apply to: [...] (3) a machine gun acquired, transferred or possessed in accordance with the National Firearms Act, as amended, provided such machine gun shall be subject to the provisions of subsection (g) of this section.

Conn. Gen. Stat. § 53-202a — Assault weapons: Definitions (excerpt)

Source: cga.ct.gov/current/pub/chap_943.htm (retrieved 2026-10-12; page header says readers should consult the 2026 Supplement, revised to Jan. 1, 2026, for 2025 amendments)

(1) "Assault weapon" means: [...]

(E) Any semiautomatic firearm regardless of whether such firearm is listed in subparagraphs (A) to (D) [...] that meets the following criteria: (i) A semiautomatic, centerfire rifle that has an ability to accept a detachable magazine and has at least one of the following: (I) A folding or telescoping stock; [...] (IV) A flash suppressor [...]; or [...] (iii) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches; [...]

(G) Any semiautomatic firearm other than a pistol, revolver, rifle or shotgun, regardless of whether such firearm is listed in subparagraphs (A) to (D), inclusive, of this subdivision, and regardless of the date such firearm was produced, that has at least one of the following: (i) Any grip of the weapon [...]; (ii) An ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip; (iii) A fixed magazine with the ability to accept more than ten rounds; (iv) A flash suppressor or silencer, or a threaded barrel capable of accepting a flash suppressor or silencer; (v) A shroud [...]; (vi) A second hand grip; or (vii) An arm brace or other stabilizing brace that could allow such firearm to be fired from the shoulder, with or without a strap designed to attach to an individual's arm;

Conn. Gen. Stat. § 53-202c(a) — Possession of assault weapon prohibited

Source: cga.ct.gov/current/pub/chap_943.htm (retrieved 2026-10-12; page header says readers should consult the 2026 Supplement, revised to Jan. 1, 2026, for 2025 amendments)

(a) Except as provided in section 53-202e, any person who, within this state, possesses an assault weapon, except as provided in sections 53-202a to 53-202k, inclusive, and 53-202o, shall be guilty of a class D felony and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced by the court, except that a first-time violation of this subsection shall be a class A misdemeanor if [...]

Conn. Gen. Stat. § 26-75 — Silencer on firearms

Source: cga.ct.gov/current/pub/chap_490.htm (retrieved 2026-10-12)

Sec. 26-75. Silencer on firearms. No person shall use any silencer on any firearm when hunting.

Related provisions

  • CGS § 26-75: no silencer use on any firearm when hunting.
  • Several assault-weapon criteria treat threaded barrels or silencers as features (§ 53-202a(1)(E)(iv)(II), (G)(iv)).

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Delaware

Suppressors: Prohibited under state law

Short answer for Delaware: The answer for SBRs and AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors and SBSs. For SBRs the doubt comes from Delaware's assault-weapon law, which reaches semiautomatic centerfire rifles under 30 inches overall. For AOWs it depends on the item: the same law's assault-pistol and copycat definitions can reach some of them.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (class E felony to make, sell, transfer, buy, receive or possess); no registration or tax-stamp exception for ordinary civiliansBanned
SBRUnsettledNot in § 1444, but a semiautomatic centerfire rifle under 30 in. overall length is a banned "copycat weapon" (§§ 1465(6)b, 1466); bolt-action, lever-action and other non-semiautomatic rifles are not caught by the 30-inch prong, and § 1444 does not mention SBRsNone needed (no federal-law exception in § 1466 for individuals)
SBSProhibited under state law"Sawed-off shotgun" (barrel under 18 in. or overall length under 26 in.) is a class E felony; no federal-law exceptionBanned
AOWUnsettledIt depends on the item. Not restricted by § 1444, but an AOW that fits the assault-pistol or copycat definitions in §§ 1465 and 1466 is caught by them (see also the machine-gun and "adaptable" language below)None needed under § 1444; banned where the § 1465 definitions apply

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal for suppressors and SBSs. The state bans these items and the only federal-law-linked exception (NFA registration) applies to machine guns for research, not to suppressors or SBSs, so ATF's non-enforcement changes nothing. SBRs and AOWs are not restricted by § 1444, but semiautomatic centerfire rifles under 30 inches are banned as copycat weapons under § 1466 (class D felony) unless one of that section's exceptions applies (such as possession lawfully held before the ban, discussed below); there is no federal-law exception for individuals, so the ATF letter does not matter for them under state law either.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors and SBSs in Delaware: the restriction there applies whether or not the item is federally registered. For SBRs and AOWs, the open question is the state assault-weapon law, which federal registration does not answer; see the short answer above.

Analysis

Delaware's key statute is 11 Del. C. § 1444. It makes it a class E felony to make, sell, transfer, buy, receive or possess a "firearm silencer" or a "sawed-off shotgun" (barrel under 18 inches, or a shotgun-derived weapon under 26 inches overall). The statute has no exception for NFA-registered or federally compliant suppressors or SBSs. Its exceptions are for military and police, authorized wildlife biologists (silencers only), and research machine guns that are NFA-registered. So the only "registered under the NFA" language in the section is for machine guns. A federal tax stamp creates no exception for a civilian suppressor or SBS in Delaware, and ATF's October 9 non-enforcement policy changes nothing. Penalty: class E felony. A copycat weapon under § 1466 is a class D felony.

SBRs are not mentioned. "Sawed-off shotgun" is shotgun-specific, and a rifle is not caught. AOWs are not mentioned either. How the "adaptable for use as a machine gun" wording in (a)(5) applies to an AOW is untested. Because the statute does not define "firearm silencer," how it reads on parts or solvent-trap kits is a case-law question.

Statutory text

11 Del. C. § 1444 — Possessing a destructive weapon; class E felony

Source: delcode.delaware.gov/title11/c005/sc07/index.html (retrieved 2026-10-12; no "current through" date shown; latest listed amendment is 85 Del. Laws, c. 474, § 1, so later 2026 amendments, if any, may not be reflected)

(a) A person is guilty of possessing a destructive weapon when the person makes, sells, transfers, buys, receives, or has possession of any of the following:

(1) A bomb.

(2) A bombshell.

(3) A firearm silencer.

(4) A sawed-off shotgun.

(5) A machine gun or any other firearm or weapon which is adaptable for use as a machine gun.

(6) A bump stock, trigger crank, or rapid fire device. [...]

(b) (1) Possessing a destructive weapon listed in paragraphs (a)(1) through (a)(5) of this section is a class E felony. This section does not apply to members of the military forces or to members of a police force in this State duly authorized to carry a weapon of the type described; nor shall the provisions contained herein apply to authorized and certified (by an accredited state enforcement agency) state and federal wildlife biologists possessing firearm silencers for the purposes of wildlife disease or wildlife population control, or persons possessing machine guns for scientific or experimental research and development purposes, which machine guns have been duly registered under the National Firearms Act of 1968 (26 U.S.C. § 5801 et seq.).

[...]

(c) For purposes of this section:

(1) a. "Machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. [...]

(2) "Shotgun" means a weapon designed or redesigned, made, or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.

(3) "Sawed-off shotgun" means a shotgun having 1 or more barrels less than 18 inches in length or any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

Note: "firearm silencer" is not defined in § 1444.

11 Del. C. § 1441A(e) (and parallel § 1441B(e)) — LEOSA definitions excluding silencers (cited for definition only)

Source: delcode.delaware.gov/title11/c005/sc07/index.html (retrieved 2026-10-12; no "current through" date shown; latest listed amendment is 85 Del. Laws, c. 474, § 1, so later 2026 amendments, if any, may not be reflected). § 1441A is the active-officer provision; § 1441B (retired officers) has the same definition in its subsection (e)(1).

(e) As used in this section, the term "firearm": (1) Except as provided in this subsection, has the same meaning as in 18 U.S.C. § 921; [...] (3) Does not include: a. Any machinegun (as defined in § 5845 of the National Firearms Act [26 U.S.C. § 5845]); b. Any firearm silencer (as defined in 18 U.S.C. § 921); and c. Any destructive device (as defined in 18 U.S.C. § 921).

Relevance is limited: it only shows Delaware sometimes borrows the federal silencer definition; § 1444 itself does not.

11 Del. C. § 1465(4), (6)b — Assault weapon and "copycat weapon" definitions

Source: delcode.delaware.gov/title11/c005/sc07/index.html (retrieved 2026-10-12; no "current through" date shown; history of § 1465 ends 84 Del. Laws, c. 312, § 1)

(4) "Assault weapon" means any of the following:

a. An assault long gun.

b. An assault pistol.

c. A copycat weapon.

[...]

(6) "Copycat weapon" means any of the following: [...]

b. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. [...]

Other prongs of § 1465(6) reach a semiautomatic centerfire rifle that can accept a detachable magazine and has a folding or telescoping stock, a pistol-type grip, a forward pistol grip, a flash suppressor or a grenade or flare launcher ((6)a), and a semiautomatic centerfire rifle with a fixed magazine that can accept more than 17 rounds ((6)h). A "flash suppressor" is defined in § 1465(9) as "a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision." Section 1465(6)c.2 also reaches a semiautomatic pistol that can accept a detachable magazine and has "A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer."

11 Del. C. § 1466(a), (b)(4), (d) — Assault weapons (operative prohibition and penalty)

Source: delcode.delaware.gov/title11/c005/sc07/index.html (retrieved 2026-10-12; no "current through" date shown; history of § 1466 ends 83 Del. Laws, c. 328, § 1)

(a) Prohibitions. — Except as provided in subsection (b) or (c) of this section, it is unlawful for a person to do any of the following: (1) Transport an assault weapon into this State. (2) Manufacture, sell, offer to sell, transfer, purchase, receive, or possess an assault weapon. [...]

(b) Applicability. — This section does not apply to any of the following: [...] (4) Organizations that are required or authorized by federal law governing their specific business or activity to maintain assault weapons. [...]

(d) Penalty. — A violation of this section is a class D felony.

The section heading in the Code reads "class E or F felony," but the penalty subsection quoted above says class D. Subsection (c)(3) allows a person who lawfully possessed, or completed a purchase of, an assault weapon before June 30, 2022 to keep and transport it only at the person's residence, place of business or other permitted property, at a shooting range, at certain firearms exhibitions, and between those places in secure storage. The other (b) exemptions cover federal personnel, armed forces and National Guard members and law-enforcement officers acting in an official capacity, certain dealers and manufacturers, inheritance, personal representatives of estates, qualified retired law-enforcement officers, armored car guards, and certain testing laboratories; (c) adds dealer and family-transfer provisions. None is a general exception for an individual's NFA-registered item.

7 Del. C. § 710 — Use of silencer on firearm or airgun when hunting

Source: delcode.delaware.gov/title7/c007/sc01/index.html (retrieved 2026-10-12; history ends 85 Del. Laws c. 151, § 6)

Whoever uses a silencer or noise-reducing contrivance on any firearm or airgun when hunting for game or fowl, shall be guilty of a class C environmental violation.

Related provisions

  • Hunting: 7 Del. C. § 710 (quoted above) makes use of a silencer or noise-reducing contrivance on any firearm or airgun when hunting a class C environmental violation.
  • Assault weapons: 11 Del. C. § 1465(6) "copycat weapon" includes a semiautomatic centerfire rifle with an overall length under 30 inches, and a semiautomatic centerfire rifle accepting a detachable magazine with a folding/telescoping stock (among other features). Section 1466(a) bans possessing, buying or transferring them (class D felony under § 1466(d)); exceptions are mainly law enforcement, dealers, inheritance, and pre-June 30, 2022 possessors (§ 1466(b)-(c)); (b)(4) covers only "organizations" required or authorized by federal law to maintain them, not individuals. So a semiautomatic centerfire SBR (under 30 in. overall) is likely a banned copycat weapon regardless of NFA status; bolt-action, lever-action and rimfire SBRs may fall outside that definition, but the cautious assumption is that they may still be restricted until a court or the Delaware attorney general says otherwise. This is my reading, not a court holding. The 30-inch rule also means a federal tax stamp or ATF non-enforcement is irrelevant to the state question.
  • Bump stocks, trigger cranks and rapid fire devices: § 1444(a)(6), class B misdemeanor first offense, class E felony thereafter.
  • Preemption of local firearm regulation: 22 Del. C. § 111(a) provides that "The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated." Source: delcode.delaware.gov/title22/c001/index.html (retrieved 2026-10-12; history of § 111 ends 80 Del. Laws, c. 164, § 1)
  • Made-in-state suppressor/"Firearms Freedom Act": none found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for any Delaware AG, State Police or agency statement on the Aug. 5 ruling or the Oct. 9 ATF letter.
  • Legislation: no 2025-2026 bill legalizing suppressors found. § 1444's latest listed amendment is 85 Del. Laws c. 474; § 1465 and § 1466 show no amendment after 84 Del. Laws c. 312 and 83 Del. Laws c. 328 respectively.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

District of Columbia

Suppressors: Prohibited under state law

Short answer for the District of Columbia: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: DC bars smooth-bore devices other than shotguns outright as destructive devices, and treats other AOWs as firearms that need a DC registration certificate.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (possession prohibited for civilians; "firearm" definition also includes silencers, but registration is not a route because § 22-4514(a) bans possession)Banned
SBRProhibited under state lawBanned (registration certificate cannot issue; possession of an unregistered firearm is unlawful)Banned
SBSProhibited under state lawBanned (the "sawed-off shotgun" definition is 18" barrel / 26" overall; possession is a crime; registration barred)Banned
AOWUnsettledNo separate DC category. It depends on the item. A smooth-bore device other than a shotgun fits DC's "destructive device" definition, and § 7-2502.01(a) bars possessing a destructive device outright. Other AOWs are "firearms" that need a DC registration certificate.State permit (DC registration for firearms; no federal-law exception; smooth-bore devices barred)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal — DC's bans on suppressors, SBRs and sawed-off shotguns contain no exception keyed to federal law or NFA registration, so ATF non-enforcement changes nothing locally.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in the District of Columbia: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

DC bans suppressors outright: § 22-4514(a) prohibits possessing "any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise," and the only listed exemptions (military, police, banks, carriers, licensed dealers) attach to the proviso for other items. A suppressor is also a "firearm" under § 7-2501.01(9), but that does not authorize it. SBRs and sawed-off shotguns cannot be registered (§ 7-2502.02(a)(1),(3)), and every firearm must be registered (§ 7-2502.01(a)), so possession is unlawful for civilians; sawed-off shotguns are additionally a § 22-4514 offense (up to 5 years). Neither statute contains any exception that refers to federal law, the NFA, or NFRTR registration; the only federal-law references concern law-enforcement officer status (18 U.S.C. 926B/926C) and a nonresident-recreation exception that requires possession be lawful in the person's home jurisdiction. Therefore the ATF's Oct. 9 non-enforcement posture has no bearing: this is a text reading, and the statutes are not federal-compliance based. Penalties: sawed-off shotgun up to 5 years; silencer under § 22-4515 (up to 1 year; up to 10 years with a prior conviction).

Statutory text

D.C. Code § 22-4514 — Possession of certain dangerous weapons prohibited; exceptions

Source: code.dccouncil.gov/us/dc/council/code/sections/22-4514 (retrieved 2026-10-12; no "current through" date shown; latest amendment listed is D.C. Law 25-175, June 8, 2024)

(a) No person shall within the District of Columbia possess any item that is, in fact, a machine gun, sawed-off shotgun, bump stock, ghost gun, knuckles, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, sand club, sandbag, switchblade knife, nor any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms; provided, however, that machine guns, or sawed-off shotgun, bump stock, ghost gun, knuckles, and blackjacks may be possessed by the members of the Army, Navy, Air Force, or Marine Corps of the United States, the National Guard, or Organized Reserves when on duty, the Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly-appointed law enforcement officers, including any designated civilian employee of the Metropolitan Police Department, or officers or employees of the United States duly authorized to carry such weapons, banking institutions, public carriers who are engaged in the business of transporting mail, money, securities, or other valuables, wholesale dealers and retail dealers licensed under § 22-4510.

[...]

(c) Whoever violates this section shall be punished as provided in § 22-4515 unless:

(1) The violation involves possession of a sawed-off shotgun, or ghost gun, in which case such person shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, or both;

(2) The violation involves possession of a machine gun, in which case such person shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, which shall be imposed consecutive to any other sentence of imprisonment, or both; or

(3) The violation occurs after such person has been convicted in the District of Columbia of a violation of this section, or of a felony, either in the District of Columbia or in another jurisdiction, in which case such person shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 10 years, or both.

Note: the proviso exempts only military/law enforcement/etc. and licensed dealers, and by its grammar lists machine guns, sawed-off shotguns, bump stocks, ghost guns, knuckles and blackjacks, but NOT the silencer clause; thus no listed class is exempt for silencers.

D.C. Code § 7-2502.02 — Registration of certain firearms prohibited

Source: code.dccouncil.gov/us/dc/council/code/sections/7-2502.02 (retrieved 2026-10-12; no "current through" date shown)

(a) A registration certificate shall not be issued for a:

(1) Sawed-off shotgun;

(2) Machine gun;

(3) Short-barreled rifle;

(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that [...]

[...]

D.C. Code § 7-2502.01 — Registration requirements

Source: code.dccouncil.gov/us/dc/council/code/sections/7-2502.01 (retrieved 2026-10-12; latest amendment listed D.C. Law 24-347, Apr. 21, 2023)

(a) Except as otherwise provided in this unit, no person or organization in the District of Columbia ("District") shall receive, possess, control, transfer, offer for sale, sell, give, or deliver any destructive device, and no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm. [...]

(b) Subsection (a) of this section shall not apply to: (1)(A) Qualified law enforcement officers [...] (2) Any person holding a dealer's license [...] (3) With respect to firearms, any nonresident of the District participating in any lawful recreational firearm-related activity in the District, or on his way to or from such activity in another jurisdiction; provided, that [...] his possession or control of such firearm is lawful in the jurisdiction in which he resides; [...]

D.C. Code § 7-2501.01 — Definitions (selected)

Source: code.dccouncil.gov/us/dc/council/code/sections/7-2501.01 (retrieved 2026-10-12; latest amendment listed D.C. Law 24-347, 2023)

(9) "Firearm" means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include: (A) Antique firearms; or (B) Destructive devices; [...]

(15) "Sawed-off shotgun" means a shotgun having a barrel of less than 18 inches in length; or a firearm made from a shotgun if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 18 inches in length.

(17) "Short barreled rifle" means a rifle having any barrel less than 16 inches in length, or a firearm made from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 16 inches.

Destructive device, verbatim (same URL):

(7) "Destructive device" means: (A) An explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similar device; (B) Any device by whatever name known which will, or is designed or redesigned, or may be readily converted or restored to expel a projectile by the action of an explosive or other propellant through a smooth bore barrel, except a shotgun; (C) Any device containing tear gas or a chemically similar lacrimator or sternutator by whatever name known; (D) Repealed. (E) Any combination of parts designed or intended for use in converting any device into any destructive device; [...]

D.C. Code § 22-4515 — Penalties

Source: code.dccouncil.gov/us/dc/council/code/sections/22-4515 (retrieved 2026-10-12; last amended D.C. Law 19-317, 2013)

Any violation of any provision of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than the amount set forth in § 22-3571.01 or imprisonment for not more than 1 year, or both.

So silencer possession (no specific penalty in § 22-4514(c)) is a misdemeanor-level offense (up to 1 year) absent a prior conviction; with a prior conviction, § 22-4514(c)(3) allows up to 10 years.

Related provisions

  • No hunting or made-in-state suppressor provisions found; DC has no suppressor hunting use.
  • DC is a federal district; no state preemption statute analyzed.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Florida

Suppressors: No item-specific restriction found

Short answer for Florida: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (no Florida possession/ownership restriction located; "firearm" definition includes silencers)None needed
SBRUnsettledRestricted, with an exception (felony unless lawfully owned and possessed under federal law)Federal compliance
SBSUnsettledRestricted, with an exception (same)Federal compliance
AOWNo item-specific restriction foundNo state restriction found (no Florida statute restricts AOWs as a class; only "destructive device"/"weapon" definitions)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBR/SBS (no state restriction found for suppressors and AOWs) — s. 790.221(3) excepts firearms "lawfully owned and possessed under provisions of federal law" and does not name registration, so the outcome turns on whether an unregistered SBR/SBS that ATF has chosen not to prosecute is "lawfully ... possessed under" federal law, while the NFA statutes remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Florida, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Florida has no statute restricting suppressor possession, manufacture or sale; the only appearance of silencers is in the "firearm" definition. Nothing found restricts AOWs as a class either. The operative restriction is s. 790.221: owning or possessing an operable SBR, SBS or machine gun is a second-degree felony. Subsection (3) excepts "Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law."

That is a federal compliance exception by wording: it does not mention the NFA, registration, or a tax stamp. The text says only "lawfully owned and possessed under provisions of federal law." My interpretation (not stated in the text): after the ATF's Oct. 9, 2026 enforcement-discretion letter, the NFA statutes still exist, so an unregistered SBR/SBS may still not be "lawful under" federal law, merely not enforced; the contrary reading is that "provisions of federal law" lawfully permit what ATF now allows, and for Silencer Shop plaintiffs the court enjoined enforcement. The question is genuinely open, the cautious assumption is that the exception may not cover an unregistered SBR/SBS until a court or the Florida attorney general says otherwise, and Florida prosecutors are not bound by ATF's policy. Machine guns remain within the same exception but remain federally registration-dependent (post-1986 ban), unaffected. A person who made or acquired an SBR relying on the letter carries felony risk (a second-degree felony, punishable as provided in s. 775.082).

Statutory text

Fla. Stat. § 790.221 — Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty

Source: leg.state.fl.us/statutes/index.cfm?App_mode=Display_Sta… (retrieved 2026-10-12; 2026 Florida Statutes; history ends ch. 97-102, so no recent amendment)

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.

(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.

Fla. Stat. § 790.001 — Definitions (selected)

Source: leg.state.fl.us/statutes/index.cfm?App_mode=Display_Sta… (retrieved 2026-10-12; 2026 Florida Statutes; history ends s. 4, ch. 2023-18)

(9) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. [...]

(13) "Machine gun" means any firearm which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

(17) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

(6) "Destructive device" means [...] any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; [...]

(16) "Short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

Fla. Stat. § 790.33 — Field of regulation of firearms and ammunition preempted

Source: leg.state.fl.us/statutes/index.cfm?App_mode=Display_Sta… (retrieved 2026-10-12; 2026 Florida Statutes; history ends s. 1, ch. 2021-15)

(1) PREEMPTION. — Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. [...]

I reviewed the Ch. 790 table of contents (2026 Fla. Stat.). No section title addresses silencers/suppressors or AOWs; only s. 790.221 (SBR/SBS/MG), s. 790.222 (bump stocks), s. 790.16 (discharging machine guns), s. 790.161 (destructive devices).

Related provisions

  • Fla. Stat. § 790.001 defines "firearm" to include "any firearm muffler or firearm silencer", so suppressors fall under general firearm statutes (e.g., felon-in-possession) though no specific restriction found.
  • Fla. Stat. § 790.33: state preemption of local firearm regulation (quoted above).
  • Florida assault-weapon law: no independent SBR/SBS ban found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 from Florida AG or FDLE on the Aug. 5 ruling or the Oct. 9 ATF letter (other than the multistate letter to Congress below, which does not address Florida law).
  • No 2025-2026 amendment to s. 790.221 (history shows last amendment ch. 97-102).
  • Sept. 4, 2026: Florida's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Florida law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Georgia

Suppressors: Registration or other requirements apply

Short answer for Georgia: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (possession banned unless registered under NFA)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (as "sawed-off rifle": barrel < 16 in. OR overall length < 26 in.)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (as "sawed-off shotgun": barrel < 18 in. OR overall length < 26 in.)Federal registration
AOWNo item-specific restriction foundNot separately named; no state restriction found unless the item meets the sawed-off or "dangerous weapon" definitions (then same as those)None needed (generally)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal (on the text) / Unclear (no authority yet) — § 16-11-124(4) exempts only a person "authorized to possess the same because he has registered" the item "in accordance with the dictates of the National Firearms Act." An item not registered in the NFRTR does not fit that text, and Georgia has no "lawful under federal law" alternative.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Georgia, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

Georgia bans possession of "sawed-off" rifles and shotguns, machine guns, "dangerous weapons" (destructive-device-type items) and silencers (§ 16-11-122), a felony carrying five years (§ 16-11-123). For ordinary private possession of an operable item, the relevant exception is § 16-11-124(4) (the section lists others, such as inoperative weapons): possession "by a person who is authorized to possess the same because he has registered" the item "in accordance with the dictates of the National Firearms Act." That is a registration-type exception. It does not say "lawful under federal law" or "not in violation of federal law." The text turns on the individual having registered the item.

Text vs. interpretation: on the text, an unregistered suppressor, SBR or SBS is outside (4) even if ATF no longer enforces registration, because there is no registration to point to. How this wording applies to an unregistered item is untested. A registration that actually authorizes the current possessor fits (4) on its text, but the cautious assumption is that the exception may not cover an item without a completed registration until a court or the Georgia attorney general says otherwise.

Definitions are by Georgia's own barrel/overall-length numbers, not federal law. Note the SBR definition is broader than the NFA in one respect: "barrel < 16 in. OR overall length < 26 in." and it is limited to weapons firing a single projectile per trigger pull through a rifle bore. AOWs are not named; a smoothbore pistol or pen gun is not "sawed-off" unless made from a shotgun, so some AOWs may fall outside Georgia's restrictions, though I have not confirmed which, if any, particular AOW falls outside them. There is no state registry or permit.

Statutory text

O.C.G.A. § 16-11-121 — Definitions (Part 2, Possession of Dangerous Weapons)

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly)

As used in this part, the term:

(1) "Dangerous weapon" means any weapon commonly known as a "rocket launcher," "bazooka," or "recoilless rifle" which fires explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy armor, or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a "mortar" which fires high explosive from a metallic cylinder and which is commonly used by the armed forces as an antipersonnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a "hand grenade" or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose.

(2) "Machine gun" means any weapon which shoots or is designed to shoot, automatically, more than six shots, without manual reloading, by a single function of the trigger.

[...]

(4) "Sawed-off rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, made or remade, to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger; and which has a barrel or barrels of less than 16 inches in length or has an overall length of less than 26 inches.

(5) "Sawed-off shotgun" means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches.

[...]

(7) "Silencer" means any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive.

O.C.G.A. § 16-11-122 — Possession prohibited

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly)

No person shall have in his possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer except as provided in Code Section 16-11-124.

O.C.G.A. § 16-11-123 — Unlawful possession of firearms or weapons (penalty)

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly)

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years.

O.C.G.A. § 16-11-124 — Exemptions (the NFA exception)

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly; history shows Ga. L. 2024, p. 81 (HB 299) inserted "space force" in paragraph (2), which the quote below elides)

This part shall not apply to:

(1) A peace officer of any duly authorized police agency of this state [...] or a law enforcement officer of any department or agency of the United States who is regularly employed and paid [...] in the official performance of his duties;

(2) A member of the National Guard or of the armed forces of the United States [...] who, while serving therein, possesses such firearm in the line of duty;

(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. [...];

(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862); and

(5) A security officer employed by a federally licensed nuclear power facility [...]. The exemption under this paragraph does not include the possession of silencers.

O.C.G.A. § 16-11-125 — Burden of proof as to exemptions

Source: advance.lexis.com/ (retrieved 2026-10-12; current through the 2026 Special Session of the General Assembly)

In any complaint, accusation, or indictment and in any action or proceeding brought for the enforcement of this part it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this part, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.

Related provisions

  • No state "Firearms Freedom Act" suppressor law found.
  • No Georgia assault-weapon ban (SB 33 of 2013, which would have created one, was a proposal and is not enacted as far as found).

Post-ruling guidance and recent legislation

  • No AG opinion, GBI or DNR statement, or 2025-2026 amendment to §§ 16-11-121 to -125 found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Georgia law).
  • Sept. 4, 2026: Georgia's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Georgia law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Hawaii

Suppressors: Prohibited under state law

Short answer for Hawaii: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: anything that fits Hawaii's rifle, shotgun, silencer, automatic or assault-pistol terms is barred, and handgun-type items fall under the permit and registration rules.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBannedBanned
SBRProhibited under state lawBanned (rifle with barrel under 16 in.)Banned
SBSProhibited under state lawBanned (shotgun with barrel under 18 in.)Banned
AOWUnsettledUnclear; no AOW category. Concealable "other" weapons are mostly handguns (permit/registration, HRS 134-2, 134-3). Smooth-bore pistols and pen guns are not named in 134-8. Items within the rifle/shotgun/silencer/automatic/assault-pistol terms are banned.Banned (for the covered categories)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal. The state ban in HRS 134-8(a) has no federal-law, registration or NFA exception for civilians, so the ATF change does not matter; the ban applies whether the item is registered or not.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in Hawaii: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Hawaii bans the manufacture, possession, sale, barter, trade, gift, transfer and acquisition of silencers, rifles with barrels under 16 inches, and shotguns with barrels under 18 inches. The text of § 134-8(a) contains no exception for NFA-registered items, federally lawful items, or items with a tax stamp. The only federal-law references in § 134-8 are in the ghost-gun affirmative defense. Because the ban is unconditional, the Oct. 9, 2026 ATF open letter and the Aug. 5, 2026 N.D. Tex. ruling do not change the state ban (my interpretation).

The barrel-length tests are state-defined and are not tied to the NFA's "short-barreled" definition, so a rifle under 16 inches is banned however it is classified federally. The ban applies to ordinary civilians. The quoted text has no law-enforcement or military exemption; other parts of chapter 134 may have one. Penalty: class C felony with a mandatory five-year term without probation.

AOWs have no distinct treatment in Hawaii law. An AOW is banned if it is also a covered item, such as a short-barreled rifle or shotgun, a silencer-equipped disguised device, or an automatic firearm. Handgun-type AOWs (for example a smooth-bore pistol or a pen gun) may fall under the permit and registration rules for pistols and revolvers in HRS 134-2 and 134-3.

Statutory text

Haw. Rev. Stat. § 134-8(a) — Prohibited firearms, ammunition, and devices

Source: data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/H… (retrieved 2026-10-12; history note ends "am L 2025, c 18, §3", so current through Act 18 of 2025)

The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following shall be prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; ghost guns; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

Haw. Rev. Stat. § 134-8(d) — Penalty

Source: data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/H… (retrieved 2026-10-12)

(d) Any person violating subsection (a) or (b) shall be guilty of a class C felony and shall be imprisoned for a term of five years without probation. [...]

(e) In any prosecution for the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of a ghost gun, it shall be an affirmative defense that the person holds a current license to sell and manufacture firearms for sale under section 134-31, or that the person is a dealer licensed by the United States Department of Justice, or that the firearm is not required to have a serial number under the federal Gun Control Act of 1968.

Subsection (e) is limited to ghost guns and does not apply to suppressors, short rifles or short shotguns.

Haw. Rev. Stat. § 134-1 — Definitions (relevant parts)

Source: data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/H… (retrieved 2026-10-12; history note ends "am L 2025, c 18, §1")

"Automatic firearm" means any firearm that shoots, is designed to shoot, or can be readily modified to shoot automatically more than one shot, without a manual reloading, by a single function of the trigger. This term shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or any combination of parts designed and intended, for use in converting a firearm into an automatic firearm, and any combination of parts from which an automatic firearm can be assembled if the parts are in the possession or under the control of a single person.

"Pistol" or "revolver" means any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas.

"Silencer", "rifle" and "shotgun" are not defined in § 134-1. The assault pistol definition reads in part: "a semiautomatic pistol that accepts a detachable magazine and has two or more of the following characteristics: [...] (2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer; [...] but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section, or a curio or relic as those terms are used in 18 United States [Code...]".

Related provisions

  • Haw. Rev. Stat. § 134-1 "assault pistol": a threaded barrel capable of accepting a silencer is one qualifying feature.
  • Hunting with a suppressor: not applicable because possession is banned.
  • Preemption and Firearms Freedom Act: none found.

Post-ruling guidance and recent legislation

  • No Hawaii attorney general, county police or other state statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter. None found as of 2026-10-12.
  • 2025 amendment: Act 18 (L 2025) amended § 134-1 and § 134-8, mainly to add ghost guns.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Idaho

Suppressors: No item-specific restriction found

Short answer for Idaho: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (Idaho Code Title 18, ch. 33)None needed
SBRNo item-specific restriction foundNo state restriction found for adultsNone needed
SBSNo item-specific restriction foundNo state restriction found for adultsNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found (as to state law) — the Title 18, ch. 33 sections I reviewed contain no prohibition or registration requirement for these items, so state law does not turn on NFA registration. Federal exposure is a separate question. Minors are the one exception for SBR/SBS (see below).

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Idaho that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Idaho Code ch. 33 contains no provision that prohibits, licenses or registers suppressors, SBRs, SBSs or AOWs for adults, and none that conditions legality on NFA registration, a tax stamp, or compliance with federal law. The category is therefore none needed: because the state imposes no requirement of its own, the change in federal enforcement posture does not alter the state-law answer. This reports what I did not find in ch. 33.

The only federal-law wording in the sampled text is the minors' provision, § 18-3302F(2), which says "Except as provided by federal law," a minor may not possess a sawed-off rifle/shotgun (misdemeanor) or full-auto weapon (felony). It is not a registration exception; it defers to federal law for minors (e.g., federal provisions allowing certain minor possession). "Sawed-off" is undefined, so whether it maps onto federally defined SBR/SBS is unclear; it matters only for persons under 18. Handgun possession by minors is separately restricted.

The prohibited-person statute (§ 18-3316, felon in possession of any firearm) applies to all firearms and so also to these items. State preemption (§ 18-3302J) bars local regulation, so no city or county NFA-item ordinances should apply.

Idaho does have a Firearms Freedom Act (§ 18-3315A, quoted above) covering suppressors made and kept in Idaho, and an anti-commandeering statute (§ 18-3315B); neither restricts or licenses possession. The ch. 33 table of contents (§§ 18-3301 to 18-3327) also lists § 18-3319 (bombs/destructive devices): possession is a felony only with unlawful purpose, certain prohibited persons, or shrapnel design; it does not address suppressors, SBRs or SBSs. I found no section in ch. 33 that restricts silencers, short-barreled or sawed-off firearms for adults.

Statutory text

Scope: Idaho Code Title 18, Chapter 33 (§§ 18-3301 through 18-3327, including lettered sections), the criminal weapons chapter, contains the only provisions on these items found: §§ 18-3302F, 18-3302H, 18-3315A and 18-3315B (the last two are quoted below). Other titles, such as Title 36 (fish and game), can contain separate rules on use.

Idaho Code § 18-3302F — Prohibition of possession of certain weapons by a minor

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; site states "Idaho Statutes are updated to the website July 1 following the legislative session"; history shows only 1994 enactment)

(1) It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any handgun.

(2) Except as provided by federal law, a minor under the age of eighteen (18) years may not possess the following:

(a) A sawed-off rifle or sawed-off shotgun; or

(b) A full automatic weapon.

(3) Any person who violates the provisions of subsection (2) (a) of this section is guilty of a misdemeanor.

(4) Any person who violates the provisions of subsection (2) (b) of this section is guilty of a felony.

(5) For purposes of this section:

(a) "Full automatic weapon" means any firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one (1) bullet, or other missile without reloading, by a single function of the trigger.

[...]

(Note: "sawed-off rifle/shotgun" is not defined in this section.)

Idaho Code § 18-3302H(2)(a) — Retired law enforcement carry (definition only)

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; same currency note; history through 2019)

(2) As used in this section:

(a) "Firearm" means a handgun and does not include:

(i) Any machine gun, as defined in 26 U.S.C. section 5845(b);

(ii) Any firearm silencer, as defined in 18 U.S.C. section 921; or

(iii) Any destructive device, as defined in 18 U.S.C. section 921.

[...]

This only limits what a retired officer may carry under that license; it does not restrict private ownership.

Idaho Code § 18-3315A — Prohibition of federal regulation of certain firearms (Idaho Firearms Freedom Act)

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; history: added 2010, ch. 244; no later amendment shown)

(1)(b) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition, ammunition carriers and lights for target illumination.

(2) A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Idaho and that remains within the borders of Idaho is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. [...]

(4) Subsections (2) and (3) of this section do not apply to: [...] (d) A firearm that discharges two (2) or more rounds of ammunition with one (1) activation of the trigger or other firing device.

(5) A firearm manufactured or sold in Idaho under this section shall have the words "Made in Idaho" clearly stamped on a central metallic part, such as the receiver or frame.

This is a state declaration about federal law, not a state permission or prohibition; it does not itself restrict anything and its legal effect against federal law is a separate question outside this guide. It expressly excludes automatic-fire firearms.

Idaho Code § 18-3315B — Prohibition of regulation of certain firearms (anti-commandeering)

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; history: added 2014, am. 2021, ch. 329)

(4) All Idaho government entities are prohibited from using any personnel, funds, or other resources to enforce, administer, or support the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government enacted or promulgated on or after the effective date of this act upon a firearm, firearm component, firearm accessory, or ammunition if contrary to the provisions of section 11, article I of the constitution of the state of Idaho.

(7)(a) "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, braces, ammunition, ammunition carriers, and lights for target illumination.

This limits Idaho officials' participation in enforcing new federal rules; it does not restrict private possession.

Idaho Code § 18-3302J — Preemption of firearms regulation

Source: legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12; same currency note; history shows an amendment by 2026 ch. 295, sec. 1, so the quoted text is the post-amendment text)

(1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen's right to bear arms [...]. It is the legislature's intent to wholly occupy the field of firearms regulation within this state.

(2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, ordinance, executive order, or policy which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition. [...]

Related provisions

  • § 18-3302J preemption (quoted above).
  • § 18-3316 felon in possession (any firearm): legislature.idaho.gov/statutesrules/idstat/Title18/T18C… (retrieved 2026-10-12: "(1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000)."; "firearm" is not defined there to exclude NFA items).
  • Idaho has no state assault-weapon statute that I found in ch. 33.

Post-ruling guidance and recent legislation

  • Other 2025-2026 amendments to ch. 33: none found as of 2026-10-12 (the site updates July 1 after each session, so 2026 enactments should be reflected).
  • Sept. 4, 2026: Idaho's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Idaho law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)
  • Idaho Attorney General news release, "AG Labrador's Lawsuit Against ATF Helps Slash Suppressor Red Tape," Oct. 12, 2026: ag.idaho.gov/newsroom/ag-labradors-lawsuit-against-atf-… (retrieved 2026-10-13). It describes ATF's Oct. 9 guidance as extending the ruling's result to gun owners nationwide, notes that "The Idaho Constitution forbids any firearm registration by state or local government," and says the guidance "is an enforcement policy that the ATF says could be reversed." It is about federal requirements, not a change to Idaho law.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Illinois

Suppressors: Prohibited under state law

Short answer for Illinois: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: one made from a rifle or shotgun and under 26 inches overall is barred, and the assault-weapon law can reach others. A narrow exception covers certain short rifles held by federal curio-and-relic licensees.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (Class 3 felony); only exceptions are federally licensed manufacturers acting within their business, and police tactical teamsBanned
SBRProhibited under state lawBanned (rifle barrel < 16 in., or weapon made from rifle/shotgun < 26 in. overall; Class 3 felony). Narrow exception, 24-2(c)(7): rifle with barrel < 16 in. held by a federal Curios and Relics licensee (or a military re-enactor, overall length >= 26 in.)Banned (narrow C&R-license exception)
SBSProhibited under state lawBanned (shotgun barrel < 18 in., or < 26 in. overall; Class 3 felony)Banned
AOWUnsettledNo separate "AOW" category. Reached only to the extent the item is a sawed-off rifle/shotgun-derived weapon < 26 in. overall (24-1(a)(7)(ii)); otherwise not specifically restricted by 24-1 (may still be reached by FOID/assault-weapon/other provisions depending on the item).Banned (if (a)(7)(ii) applies) / otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal. Illinois has no federal-law or NFA-registration exception for ordinary civilians; NFA registration is not an exception in the Illinois statute, so the ATF change does not affect the state ban. One narrow exception (24-2(c)(7)): a federal C&R licensee may possess a rifle with a barrel under 16 in.; it turns on the C&R license, not NFA registration or the ATF letter.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in Illinois: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Illinois bans, by name and with no tie to federal law, (1) any device "designed, used or intended for use in silencing the report of any firearm" (24-1(a)(6)) and (2) short-barreled rifles and shotguns, defined purely by dimensions (24-1(a)(7)(ii)). Both are Class 3 felonies, charged per item, with an enhanced Class 2 (3-7 years) in listed locations (24-1(c)(1)). The federal-law references in the exemptions are for persons holding a federal manufacturing license acting within the business (suppressors at 24-2(g-5); automatic weapons at 24-2(c)(5)), which expressly do not authorize general private possession, and the narrow curio-and-relic licensee exception for short rifles at 24-2(c)(7). There is no exception for items "registered under the NFA," "lawfully possessed under federal law," or the like, so the wording of Illinois law does not depend on federal status at all. That is the text; my interpretation is that the Oct. 9, 2026 ATF enforcement-discretion letter and the Silencer Shop Foundation ruling cannot take a civilian's possession outside the Illinois prohibition, because a federal tax stamp or registration was never an element of the exemption. The state suppressor ban applies equally to previously registered items. Penalties are felonies; each device is a separate violation; the defendant bears the burden of proving an exemption (24-2(h)). "Any other weapons" is a federal category and has no Illinois counterpart, so AOWs are restricted only where they independently fall into (a)(7)(ii) (rifle/shotgun-derived, under 26 in. overall), or other statutes (e.g. FOID Act, concealed-carry rules, assault weapon/.50 caliber law in 24-1.9) apply.

Statutory text

720 ILCS 5/24-1 — Unlawful possession of weapons (prohibition)

Source: ilga.gov/legislation/ilcs/fulltext?DocName=072000050K24… (retrieved 2026-10-12; official ILGA text; Source note ends "P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23; 103-822, eff. 1-1-25." ILGA warns the database may not yet reflect very recent Public Acts.)

(a) A person commits the offense of unlawful possession of weapons when he knowingly: [...]

(6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or

(7) Sells, manufactures, purchases, possesses or carries:

(i) a machine gun, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or

(iii) any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; [...]

(b) Sentence. [...] a person convicted of a violation of subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 24-1(a)(16) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle [...] or on the person, while the weapon is loaded, in which case it shall be a Class X felony. [...] The possession of each weapon or device in violation of this Section constitutes a single and separate violation.

(c) Violations in specific places. (1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school, regardless of the time of day or the time of year, [...] in a public park, in a courthouse, [...] in any conveyance owned, leased, or contracted by a public transportation agency, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, public transportation facility, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.

(d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: [...]

Note (d) refers to (a)(7) only (SBR/SBS/MG/bombs), not the (a)(6) silencer ban.

720 ILCS 5/24-2 — Exemptions

Source: ilga.gov/legislation/ilcs/fulltext?DocName=072000050K24… (retrieved 2026-10-12; Source note ends "P.A. 103-154, eff. 6-30-23; 104-417, eff. 8-15-25.")

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following: (1) Peace officers while in performance of their official duties. (2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense. (3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty. (4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns [...] (5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business [...]

(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm [...]

(g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.

(c)(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.

(h) An information or indictment based upon a violation of any subsection of this Article need not negate any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

Section 24-2(c)(7), quoted above, exempts from 24-1(a)(7) a person possessing a rifle with a barrel under 16 inches who holds a federal Curios and Relics (C&R) license, or a bona fide re-enactment-group member (overall length at least 26 inches). It covers rifles only, not short-barreled shotguns, and is keyed to a C&R license rather than NFA registration. No other exemption for private SBR/SBS owners and none for civilian suppressor owners appears in 24-2 (subsections (a)-(b), (d)-(f), (i) concern law enforcement, security, carry, transport, other paragraphs).

Related provisions

  • 720 ILCS 5/24-1.9 — assault weapons, .50 caliber rifles and cartridges (ilga.gov/legislation/ilcs/fulltext?DocName=072000050K24…; retrieved 2026-10-12; source note: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24). Verbatim in part: "(c) Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge." Definitions include a semiautomatic pistol with a detachable magazine and "a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder" (a)(1)(C)(vi), "a threaded barrel" (a)(1)(C)(i), and "a flash suppressor" as a feature of semiautomatic rifles and pistols. Possession is allowed only for people who filed an endorsement affidavit before Jan. 1, 2024 (subsection (d); the filing period opened Oct. 1, 2023), for listed officials (e), and for the other exceptions in (e). Violation is a Class A misdemeanor for possession under 24-1(b) (24-1(a)(15)) and a Class 3 felony for manufacture/sale (24-1(a)(16)). This is separate from the SBR rule; a short-barreled semiautomatic rifle or braced pistol with listed features could violate both. It does not itself ban or mention suppressors as devices.
  • 720 ILCS 5/24-1(a)(14): unlawful to manufacture, possess, sell or use "any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm"; Class 2 felony under 24-1(b). Outside the four categories covered by this guide.
  • Hunting with a suppressor: no exception found; the ban in 24-1(a)(6) applies.
  • No state "Firearms Freedom Act"/made-in-state suppressor law found.
  • I reviewed 720 ILCS 5/24-1, 24-1.9 and 24-2; they contain no separate silencer or AOW provision beyond those quoted. I did not scan the rest of Art. 24.
  • 720 ILCS 5/24-1(d): presence of an (a)(7) weapon in an automobile is prima facie evidence that all occupants possess it (quoted above; does not cover (a)(6) suppressors).

Post-ruling guidance and recent legislation

  • Illinois AG / Illinois State Police statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter: None found as of 2026-10-12.
  • ATF release (federal): atf.gov/node/157811
  • Legislation: prior bills (e.g., SB 3128, 102nd GA; SB 1693, 103rd GA) would have deleted the (a)(6) silencer ban, but the current ILGA text still contains it, so they were not enacted. No 2025-2026 enacted amendment to (a)(6) or (a)(7)(ii) found; the latest Public Act listed on the 24-1 page is P.A. 103-822 (eff. 1-1-25).

Case law and AG opinions

  • Morse v. Raoul (consol. with Anderson v. Raoul), Nos. 3:22-cv-02740-DWD & 3:23-cv-0728-DWD, Doc. 109 (S.D. Ill. Sept. 5, 2025) — govinfo.gov/content/pkg/USCOURTS-ilsd-3_22-cv-02740/pdf…. Second Amendment challenge to Illinois' "outright ban of firearm 'silencers'"; the court granted the State's motion for judgment on the pleadings and entered judgment for defendants. Appeal status not confirmed (no Seventh Circuit ruling found).

Net effect: The state ban stands: the silencer ban survived a federal Second Amendment challenge at the district court, and nothing in the text ties legality to federal status.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Indiana

Suppressors: No item-specific restriction found

Short answer for Indiana: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (IC 35-47, per the 2025 Indiana Code (iga.in.gov))None needed
SBRNo item-specific restriction foundNo state restriction found (IC 35-47-5 or elsewhere in IC 35-47, per the 2025 Indiana Code (iga.in.gov))None needed
SBSNo item-specific restriction foundNo state restriction found since 7/1/2015: IC 35-47-5-4.1 is shown as "Repealed by P.L.84-2015, SEC.4" in the 2017 Justia compilationNone needed (but see IC 35-50-2-13 sentencing enhancement, keyed to federal law)
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found (as to possession) — the text I reviewed shows no Indiana prohibition, license or registration on suppressors, SBRs, SBSs or AOWs, so the state does not turn on NFRTR status. The only federal-law linkage is a sentencing enhancement in IC 35-50-2-13 for possessing a "sawed-off shotgun in violation of federal law" while committing a drug-dealing offense; that could still apply to an SBS because the NFA statutes remain on the books. I reviewed the 2025 Indiana Code and compared it with the official 2026 edition, which shows no change to these sections.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Indiana that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Per the official 2025 Indiana Code, Indiana's only former NFA-type ban, the sawed-off shotgun ban (IC 35-47-5-4.1), was repealed by P.L.84-2015 effective 2015. Chapter 5 contains no suppressor, SBR or AOW provision, and the definitions of "sawed-off shotgun" now apply only to the drug-dealing sentencing enhancement. So I found no item-specific restriction on possessing suppressors, SBRs, SBSs or AOWs in the state provisions I read (general firearm laws still apply), and there is no "registered" or "in compliance with federal law" exception to parse for simple possession. Indiana also has a statute (IC 35-47-8.5) on CLEO certifications where federal law requires one.

The one federal hook is IC 35-50-2-13(a)(2)(B): an added sentence for a person who commits one of the listed drug-dealing offenses and either used a firearm or possessed one of the listed firearms, one of which is a "sawed-off shotgun in violation of federal law." The added term can be up to 10 years, or up to 20 years if the firearm is equipped with a silencer or muffler. This is federal compliance wording, without naming registration. Whether an unregistered SBS is "in violation of federal law" after the ATF letter is unsettled: the NFA statutes are not repealed, the ATF policy is only enforcement discretion, and the 2026 injunction covers only the plaintiffs and the members and customers it names. That interpretation is mine, not from any case. It applies only where one of the listed drug-dealing offenses is charged and the enhancement is found. Machine gun possession is a Level 5 felony, with a federal-statutes exemption; unaffected by the ATF letter. I compared the 2025 and 2026 editions of the sections quoted here; I did not read other 2026 changes to IC 35-47. Section 10(9) (P.L.80-2023) is a further federal-registration-keyed machine gun exemption that I have not analyzed.

Statutory text

IC 35-47-5 — chapter index (shows repeal of the sawed-off shotgun ban)

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; official 2025 Indiana Code on iga.in.gov, Title 35 > Art. 47 > Ch. 5 table of contents shows Sections 0.1, 1, 3, 4, 4.1, 6, 7, 11, 12 "Repealed"; remaining sections are 2, 2.5, 5, 8, 9, 10, 11.5, 13)

IC 35-47-5-4.1 Repealed

As added by P.L.1-1990, SEC.351. Amended by P.L.2-1991, SEC.107; P.L.158-2013, SEC.593. Repealed by P.L.84-2015, SEC.4.

Before its repeal that section made dealing in or possessing a sawed-off shotgun an offense.

The same chapter lists no section on suppressors, silencers, short-barreled rifles or any other weapons; its current sections (2025 Code) are Knife with a Detachable Blade, Possession of a Knife on School Property, Application of Chapter, Machine Gun, Operating Loaded Machine Gun, Applicability of Statutes Relating to Machine Guns, Armor-Piercing Ammunition, and Unlawful Use of Body Armor, with the rest repealed.

IC 35-47-5-8 — Machine gun

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; history: P.L.311-1983, am. P.L.104-2000, P.L.123-2002, P.L.158-2013)

Sec. 8. A person who knowingly or intentionally owns or possesses a machine gun commits a Level 5 felony.

IC 35-47-5-10 — Applicability of statutes relating to machine guns

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; history ends P.L.80-2023, SEC.3)

Sec. 10. The provisions of section 8 or 9 of this chapter do not apply to any of the following: [...] (3) The ownership, possession, or operation of a machine gun by any of the law enforcement officers of this state or the United States while acting in the furtherance of their duties. [...] (7) The ownership, possession, or operation of a machine gun by persons possessing, or having applied to possess, machine guns under applicable United States statutes. Such machine guns must be transferred as provided in this article. [...] (9) The ownership, possession, or operation of: (A) a machine gun; or (B) another item; not required to be registered in the National Firearms Registration and Transfer Record maintained by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

Paragraph (9), added by P.L.80-2023, is a state exemption keyed to the federal NFRTR: it exempts a machine gun or other item "not required to be registered" in the NFRTR. I did not analyze how it applies to an unregistered but registration-required machine gun; (7) still requires possession or application "under applicable United States statutes."

IC 35-50-2-13 — Additional sentence for firearms in drug dealing offenses

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; history ends P.L.175-2022, SEC.17)

Sec. 13. (a) The state may seek [...] to have a person who allegedly committed an offense of dealing in a controlled substance under IC 35-48-4-1 through IC 35-48-4-4 sentenced to an additional fixed term of imprisonment if the state can show beyond a reasonable doubt that the person knowingly or intentionally: (1) used a firearm; or (2) possessed a: (A) handgun in violation of IC 35-47-2-1.5; (B) sawed-off shotgun in violation of federal law; or (C) machine gun in violation of IC 35-47-5-8; while committing the offense. [...] (c) [...] the court may sentence the person to an additional fixed term of imprisonment of not more than five (5) years, except as follows: (1) If the firearm is a sawed-off shotgun, the court may sentence the person to an additional fixed term of imprisonment of not more than ten (10) years. (2) If the firearm is a machine gun or is equipped with a firearm silencer or firearm muffler, the court may sentence the person to an additional fixed term of imprisonment of not more than twenty (20) years. [...]

IC 35-31.5-2-282 — "Sawed-off shotgun" (definition, limited to IC 35-50-2-13)

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; history: P.L.114-2012, am. P.L.84-2015)

Sec. 282. "Sawed-off shotgun", for purposes of IC 35-50-2-13, means: (1) a shotgun having one (1) or more barrels less than eighteen (18) inches in length; and (2) any weapon made from a shotgun (whether by alteration, modification, or otherwise) if the weapon as modified has an overall length of less than twenty-six (26) inches.

IC 35-47-8.5 — NFA Firearm Certification (state law facilitating federal NFA process)

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; added by P.L.66-2016, SEC.7, no later amendment shown)

Sec. 2. (a) If the certification of a chief law enforcement officer is required by federal law for the transfer or manufacture of an NFA firearm, the chief law enforcement officer shall issue the certification not later than fifteen (15) days after receipt of a completed request for certification, unless the applicant is: (1) prohibited by law from receiving or possessing a firearm; or (2) the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing a firearm.

("NFA firearm" is defined in Sec. 1(4) as "a firearm as defined in 26 U.S.C. 5845(a)".) Where federal law requires a chief law enforcement officer's certification, this chapter generally requires the officer to issue it on time, subject to the chapter's exceptions; it creates no state restriction.

IC 35-47-11.1-2 — Local preemption

Source: iga.in.gov/laws/2025/ic/titles/35 (retrieved 2026-10-12; 2025 Code; added by P.L.152-2011, SEC.4, no later amendment shown)

Sec. 2. Except as provided in section 4 of this chapter, a political subdivision may not regulate: (1) firearms, ammunition, and firearm accessories; (2) the ownership, possession, carrying, transportation, registration, transfer, and storage of firearms, ammunition, and firearm accessories; and (3) commerce in and taxation of firearms, firearm ammunition, and firearm accessories.

Related provisions

  • Preemption: IC 35-47-11.1-2 (quoted above); covers "firearm accessories."
  • No assault-weapon ban found in IC 35-47 chapter lists. I reviewed the Art. 47 table of contents (2025 Code): Ch. 1-16 titles (definitions, handguns, confiscated weapons, buyback, laser pointers, prohibited instruments, aircraft, wound reporting, stun weapons, NFA certification, school property, children, local regulation, seizure, retired LEO, judicial officers); no suppressor, SBR/SBS or AOW restriction.
  • IC 35-47-5-5: chapter does not apply to firearms not designed for fixed cartridges or made before 1899 (2013 compilation).

Post-ruling guidance and recent legislation

  • AG Todd Rokita joined six other state AGs in an Aug. 13, 2026 letter to ATF about implementing the Aug. 5, 2026 Silencer Shop Foundation v. ATF ruling (federal, not state-law guidance): oklahoma.gov/content/dam/ok/en/oag/news-documents/2026/…
  • No Indiana state agency guidance on the Oct. 9, 2026 ATF Open Letter found as of 2026-10-12.
  • The official 2026 edition of the Indiana Code (iga.in.gov, which includes the 2026 session) shows IC 35-47-5 unchanged from the 2025 edition; the last change to any section of that chapter is P.L.80-2023. Source: iga.in.gov/ic/2026/Title_35/Article_47/Chapter_5.pdf (retrieved 2026-10-13)
  • Sept. 4, 2026: Indiana's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Indiana law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Iowa

Suppressors: Unsettled

Short answer for Iowa: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. The answer for suppressors, SBRs and SBSs is unsettled.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (possession felony only if "in violation of federal law")Federal compliance
SBRUnsettledRestricted, with an exception (same structure; federal 18 U.S.C. 921 definition)Federal compliance
SBSUnsettledRestricted, with an exception (same as SBR)Federal compliance
AOWNo item-specific restriction foundNot separately regulated by Iowa statute found (not an "offensive weapon" unless it fits 724.1 categories, e.g. bore > .60 or MG/DD)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — Iowa criminalizes suppressor/SBR/SBS possession only "in violation of federal law" and does not mention registration. Whether an unregistered item is "in violation of federal law" when the NFA statutes remain on the books but ATF has stopped enforcing is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Iowa, the exception for suppressors, SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Iowa does not run its own registration or permit scheme for these items, and does not ban them outright. Suppressors (2016) and SBRs/SBSs (2017) are handled by short statutes that make knowing possession a class D felony only when it is "in violation of federal law." SBR/SBS are defined by reference to 18 U.S.C. 921. The exception wording is federal compliance, not federal registration: nothing in the text mentions the NFRTR, a tax stamp, or approval. Section 724.1A's CLEO-certification provision is tied to what "federal law" requires; it presupposes a federal application and may be moot if no application is required.

What the text says: the offense element is violation of federal law. Interpretation: after the Oct. 9, 2026 ATF letter, the NFA provisions are still on the books and ATF has only announced non-enforcement as discretion. A prosecutor could argue an unregistered item remains "in violation of federal law" (the statutes are unrepealed, and enforcement could resume). Iowa's drafting does not require a prior federal conviction or ATF action, which cuts toward risk. Penalty is class D felony (up to 5 years and a fine of $1,025 to $10,245 under Iowa Code 902.9(1)(e)).

AOWs: I found no Iowa provision that targets them. They are not "offensive weapons" unless they fit 724.1 (machine gun, over .60 bore non-shotgun, destructive device). Machine guns and destructive devices are banned for ordinary civilians with only 724.2 category exceptions.

Statutory text

Iowa Code § 724.1A — Firearm suppressors — certification

Source: legis.iowa.gov/docs/code/724.pdf (retrieved 2026-10-12; footer "Iowa Code 2026, Chapter 724", PDF generated Dec. 9, 2025; later amendments may not be reflected)

1. As used in this section, unless the context otherwise requires:

a. "Certification" means the participation and assent of the chief law enforcement officer of the jurisdiction where the applicant resides or maintains an address of record, that is necessary under federal law for the approval of an application to make or transfer a firearm suppressor.

[...]

c. "Firearm suppressor" means a mechanical device specifically constructed and designed so that when attached to a firearm it silences, muffles, or suppresses the sound when fired and that is considered a "firearm silencer" or "firearm muffler" as defined in 18 U.S.C. §921.

2. [...] b. When the certification of the chief law enforcement officer is required by federal law or regulation for making or transferring a firearm suppressor, the chief law enforcement officer shall, within thirty days of receipt of a request for certification, issue such certification if the applicant is not prohibited by law from making or transferring a firearm suppressor [...]

Iowa Code § 724.1B — Firearm suppressors — penalty

Source: legis.iowa.gov/docs/code/724.pdf (retrieved 2026-10-12; same currency note)

1. A person shall not knowingly possess a firearm suppressor in this state in violation of federal law.

2. A person who possesses a firearm suppressor in violation of subsection 1 commits a class "D" felony.

Iowa Code § 724.1C — Short-barreled rifle or short-barreled shotgun — penalty

Source: legis.iowa.gov/docs/code/724.pdf (retrieved 2026-10-12; same currency note)

1. For purposes of this section, "short-barreled rifle" or "short-barreled shotgun" means the same as defined in 18 U.S.C. §921.

2. A person shall not knowingly possess a short-barreled rifle or short-barreled shotgun in violation of federal law.

3. A person who possesses a short-barreled rifle or short-barreled shotgun in violation of subsection 2 commits a class "D" felony.

Iowa Code § 724.1 — Offensive weapons (operative parts)

Source: legis.iowa.gov/docs/code/724.1.pdf (retrieved 2026-10-12; "Iowa Code 2026, Section 724.1", generated Dec. 13, 2025)

1. An offensive weapon is any device or instrumentality of the following types:

a. A machine gun. A machine gun is a firearm which shoots or is designed to shoot more than one shot, without manual reloading, by a single function of the trigger.

b. Any weapon other than a shotgun or muzzle loading rifle, cannon, pistol, revolver or musket, which fires or can be made to fire a projectile by the explosion of a propellant charge, which has a barrel or tube with the bore of more than six-tenths of an inch in diameter, or the ammunition or projectile therefor, but not including antique weapons kept for display or lawful shooting.

c. A destructive device as defined in section 101A.1.

[...]

(No suppressor, SBR, SBS or AOW category appears in 724.1.)

Iowa Code § 724.3 — Unauthorized possession of offensive weapons

Source: legis.iowa.gov/docs/code/724.3.pdf (retrieved 2026-10-12; Iowa Code 2026)

Any person, other than a person authorized in this chapter, who knowingly possesses an offensive weapon commits a class "D" felony.

Iowa Code § 724.2 — Authority to possess offensive weapons (excerpt)

Source: legis.iowa.gov/docs/code/724.2.pdf (retrieved 2026-10-12; Iowa Code 2026)

1. Any of the following persons or entities is authorized to possess an offensive weapon when the person's or entity's duties or lawful activities require or permit such possession: a. Any peace officer. [...] e. Any person who under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices. f. Any person, firm or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention or manufacture of firearms. [...]

Iowa Code § 724.28 — Prohibition of regulation by political subdivisions (excerpt)

Source: legis.iowa.gov/docs/code/724.pdf (retrieved 2026-10-12; same currency note)

2. A political subdivision of the state shall not enact an ordinance, motion, resolution, policy, or amendment regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, or modification is otherwise lawful under the laws of this state. [...]

Related provisions

  • Iowa Code § 724.28: local preemption of ordinances regulating firearms, "firearms attachments," or other weapons (quoted above).
  • Iowa Code § 724.1(1)(e): parts designed to convert a device into an offensive weapon are themselves offensive weapons (not quoted in full).
  • Hunting with suppressors: I found no statutory bar in Iowa Code ch. 481A. DNR regulations are outside this guide.
  • No Iowa "Firearms Freedom Act" for suppressors found; no state assault-weapon law catching SBRs/SBSs found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 (no Iowa AG or Department of Public Safety statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter; no 2025-2026 amendments to 724.1-724.1C: the Iowa Code 2026 shows none, and the Legislature's table of code sections amended in the 2026 session lists only § 724.6 in chapter 724; legis.iowa.gov/law/statutory/acts/amended, retrieved 2026-10-13) (other than the multistate letter to Congress below, which does not address Iowa law).
  • ATF open letter (federal): atf.gov/node/157811
  • Sept. 4, 2026: Iowa's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Iowa law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Kansas

Suppressors: No item-specific restriction found

Short answer for Kansas: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (the 2026 Legislature struck the suppressor clause from K.S.A. 21-6301)None needed
SBRNo item-specific restriction foundNo state restriction found (rifle barrel length is not restricted; an SBR-length rifle is not named in 21-6301)None needed
SBSNo item-specific restriction foundNo state restriction found (the 2026 Legislature struck the short-shotgun clause from K.S.A. 21-6301 and 21-6302)None needed
AOWNo item-specific restriction foundNo state restriction found (not named in 21-6301)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found. Senate Substitute for House Bill 2501 (2026 Session Laws, ch. 101) removed the suppressor and short-shotgun offenses from K.S.A. 21-6301 and 21-6302, in force July 1, 2026. The same act raises the sentence for a felony committed with a suppressed firearm or a short shotgun.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Kansas that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Until July 1, 2026, Kansas made it a felony to possess a suppressor or a shotgun with a barrel under 18 inches unless the person was "in compliance with the national firearms act." The 2026 Legislature removed both offenses. I found nothing left in K.S.A. 21-6301 or 21-6302 that restricts possessing a suppressor, an SBR, an SBS or an AOW. Rifle barrel length was never mentioned in those sections.

Two things remain. First, the act added sentencing increases for felonies committed with a suppressed firearm or a short shotgun, so these items still matter under Kansas law when another crime is involved. Second, the Kansas Revisor's online statute page had not caught up when I checked it, so anyone reading that page alone would see the old prohibition. I relied on the session law as published by the Secretary of State.

Statutory text

2026 Kansas Session Laws, ch. 101 (Senate Substitute for House Bill 2501) - amends K.S.A. 21-6301 and 21-6302

Source: sos.ks.gov/publications/sessionlaws/2026/Chapter-101-HB… (retrieved 2026-10-12; "Approved April 9, 2026"; marked "Amended by Chapter 155")

The act's title describes it as "removing the criminal prohibition against firearm suppressors and shotgun barrel length qualification requirements; providing for enhanced penalties for certain felonies committed while using a firearm suppressor or short-barrel shotgun."

Section 2 strikes these words from K.S.A. 21-6301(a):

(4) possessing any device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm;

and strikes "a shotgun with a barrel less than 18 inches in length, or" from the next paragraph. As amended, the paragraph reads:

(4) selling, manufacturing, purchasing or possessing any firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger, whether the person knows or has reason to know that the firearm is designed or capable of discharging automatically;

Section 2 also strikes the former Kansas-made suppressor exemption, which is no longer needed. The federal-compliance exception that remains applies only to automatic firearms:

(g) Subsection (a)(4) shall not apply to or affect any person or entity in compliance with the national firearms act, 26 U.S.C. § 5801 et seq.

Section 3 makes the matching change to K.S.A. 21-6302 (criminal carrying of a weapon), which as amended reads:

(5) any firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger whether the person knows or has reason to know that the firearm is designed or capable of discharging automatically.

Section 4 adds a sentencing rule to K.S.A. 21-6804:

(2) When a firearm is used to commit any nonperson felony, the offender's sentence shall be one severity level above the appropriate level for such offense if the trier of fact makes a finding beyond a reasonable doubt that such firearm was: (A) Equipped with a device designed to suppress the report of the firearm; or (B) a shotgun equipped with a forend and having a barrel less than 18 inches in length.

Section 5 adds a similar rule for drug felonies to K.S.A. 21-6805.

Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.

2026 Kansas Session Laws, Volume 1 - publication date

Source: sos.ks.gov/publications/sessionlaws/2026/2026-Session-L… (retrieved 2026-10-12; "Date of Publication of this Volume July 1, 2026")

The Secretary of State's authentication says the laws in the volume "will take effect and be in force on and after the 1st day of July, AD 2026, except when otherwise provided."

K.S.A. 21-6301 on the Kansas Revisor's site - not yet updated

Source: ksrevisor.gov/statutes/chapters/ch21/021_063_0001.html (retrieved 2026-10-12; history line ends "L. 2021, ch. 94, § 2; July 1")

The Revisor's online page still showed the pre-2026 text, including the suppressor and short-shotgun clauses, when I retrieved it. The session law above is the later enactment.

K.S.A. 50-1204 - Kansas-made personal firearms, accessories (Second Amendment Protection Act)

Source: ksrevisor.gov/statutes/chapters/ch50/050_012_0004.html (retrieved 2026-10-12; L. 2013, ch. 100, § 4)

(a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. [...]

(b) Component parts are not firearms, firearms accessories or ammunition, and their importation into Kansas and incorporation into a firearm, a firearm accessory or ammunition manufactured and owned in Kansas does not subject the firearm, firearm accessory or ammunition to federal regulation. [...]

K.S.A. 12-16,124 - Local preemption

Source: ksrevisor.gov/statutes/chapters/ch12/012_016_0124.html (retrieved 2026-10-12)

(a) No city or county shall adopt or enforce any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage, carrying, transporting or taxation of firearms or ammunition, or any component or combination thereof. [...]

Related provisions

  • K.S.A. 12-16,124 preempts local firearm ordinances.
  • K.S.A. 50-1204 (Kansas-made firearms and accessories) is a legislative declaration about federal law; it does not change federal law.

Post-ruling guidance and recent legislation

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Kentucky

Suppressors: No item-specific restriction found

Short answer for Kentucky: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (no prohibition or licensing)None needed
SBRNo item-specific restriction foundNo state restriction found (no prohibition or licensing)None needed
SBSNo item-specific restriction foundNo state restriction found (no prohibition or licensing)None needed
AOWNo item-specific restriction foundNo state restriction found (no prohibition or licensing)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — I found no Kentucky statute that bans or licenses suppressors, SBRs, SBSs or AOWs, and none that conditions possession on NFA registration, so state law does not appear to depend on the federal registration status. (I reviewed the full section lists of KRS Chs. 237 and 527, the text of KRS Ch. 150 (fish and wildlife) and 301 KAR Ch. 2 (hunting regulations), and KRS 65.870; I did not read the whole code.)

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Kentucky that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

I found no separate Kentucky possession prohibition triggered solely by these item types or by lack of NFA registration. KRS Chapter 527 (the weapons-offense chapter) has no provision on them, and its definition of "firearm" is generic (KRS 527.010(4)). The only NFA-adjacent state items are: KRS 237.040 (destructive devices, criminal only with unlawful intent), KRS 237.075 (a sheriff must give the old federal CLEO certification within 15 days when federal law requires it; this is now largely moot for Form 1/4 applicants), and a set of pro-gun provisions (KRS 237.104, 237.105, 237.152, 65.870).

Because there is no state prohibition, there is no state exception tied to federal law, so none of the federal registration or federal compliance categories applies. The text does not make state-law treatment depend on NFRTR registration. My interpretation: I found nothing in Kentucky law that restricts an unregistered item within ATF's Oct. 9 non-enforcement policy. Federal requirements and generally applicable state firearm laws still apply (the NFA statutes are not repealed; the ATF letter is enforcement discretion). KRS 237.020 refers to what persons are "permitted to purchase or otherwise acquire under federal law", which is a right-to-buy statement and not a prohibition. Penalties: none specific to these items. KRS 237.105 penalties (Class B/A misdemeanor) apply to officials who cooperate in a "federal ban" taking effect after 1/1/2021; that provision is aimed at state and local officials, not private owners.

Statutory text

KRS 527.010 — Definitions (offenses relating to firearms and weapons)

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=19… (retrieved 2026-10-12; official LRC site, current version, effective July 15, 1994)

(4) "Firearm" means any weapon which will expel a projectile by the action of an explosive.

Note: Chapter 527's index (apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39…; page states "Includes enactments through the 2026 Regular Session" and "The KRS database was last updated on 10/12/2026") lists no section on silencers, SBRs, SBSs, or AOWs (sections: .010 definitions, .020 carrying concealed deadly weapon, .030 defacing, .040 felon possession, .050 defaced firearm, .060 forfeiture, .070 school property, .080 restricted ammunition, .090 fraudulent transaction, .100/.110 juveniles, .200-.210 weapons of mass destruction).

Note: Chapter 237's index (apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38…; page states "Includes enactments through the 2026 Regular Session") lists no section on silencers, suppressors, short-barreled rifles or shotguns, or any other weapons; its sections cover the right to buy firearms (.020), destructive devices (.030-.050), definitions and sales (.060-.090), the sheriff certification (.075), concealed-carry licensing (.102-.142), rights and registry protections (.104-.154) and shooting ranges (.200-.220).

KRS 237.040 — Criminal possession of destructive device or booby trap device

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=11… (retrieved 2026-10-12; official LRC page, created 1972)

A person is guilty of criminal possession of a destructive device or a booby trap device when he possesses, manufactures, or transports such substance or device with: (1) Intent to use that device to commit an offense against the laws of this state, a political subdivision thereof, or of the United States; or (2) Knowledge that some other person intends to use that device to commit an offense [...] (3) Mere possession without substantial evidence of the requisite intent is insufficient to bring action under KRS 237.030 to 237.050.

KRS 237.020 — Right to buy firearms

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=11… (retrieved 2026-10-12; official LRC site, effective June 26, 2007)

(1) Residents of the Commonwealth of Kentucky who are citizens of the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and unlicensed individual persons in Kentucky or in any other state or nation [...]

[...]

(4) All such sales shall conform to the requirements of federal law, the Kentucky Revised Statutes, applicable local ordinances, and the law of the purchaser's state.

KRS 237.075 — Chief law enforcement officer certification for NFA transfer or making

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=43… (retrieved 2026-10-12; official LRC page, effective July 15, 2014; history "Created 2014 Ky. Acts ch. 120, sec. 3")

(1)(a) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm; [...] (c) "Firearm" has the same meaning as provided in the National Firearms Act, 26 U.S.C. sec. 5845(a).

(2)(a) When a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer shall, within fifteen (15) days of receipt of a request for certification, provide this certification if the applicant is not prohibited by law from receiving or possessing the firearm [...]

KRS 237.104 — Rights to acquire, carry, and use deadly weapons not to be impaired

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=11… (retrieved 2026-10-12; official LRC site, effective July 12, 2006)

(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.

[...]

(3) The provisions of this section shall not apply to the taking of an item [...] from a person who is: (a) Forbidden to possess a firearm pursuant to KRS 527.040; (b) Forbidden to possess a firearm pursuant to federal law; [...]

KRS 237.105 — No cooperation in enforcement of federal ban on firearms, ammunition, or accessories

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=53… (retrieved 2026-10-12; official LRC site, effective March 28, 2023)

(1)(b) "Federal ban" means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 21, 2021, that infringes upon, calls into question, prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, ammunition, or firearm accessory;

(2) No law enforcement agency, law enforcement officer, [...] public agency, public official, [...] or employee of a local government shall enforce, assist in the enforcement of, or otherwise cooperate in the enforcement of a federal ban on firearms, ammunition, or firearm accessories [...]

(5) [...] An offense under this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense.

KRS 237.152 — No registries of privately owned firearms

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=54… (retrieved 2026-10-12; official LRC site, effective July 15, 2024)

(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency [...] or at any other time, knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of the firearms, except for those records kept during the regular course of a criminal investigation and prosecution or as otherwise required by law.

KRS 65.870 — Local firearms control ordinances prohibited

Source: apps.legislature.ky.gov/law/statutes/statute.aspx?id=40… (retrieved 2026-10-12; official LRC site, effective July 12, 2012)

(1) No existing or future city, county, urban-county government, charter county, consolidated local government, unified local government, special district, local or regional public or quasi-public agency, board, commission, department, public corporation, or any person acting under the authority of any of these organizations may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof.

(2) Any existing or future ordinance, [...] or any other form of executive or legislative action in violation of this section or the spirit thereof is hereby declared null, void, and unenforceable.

Related provisions

  • Preemption: KRS 65.870 (local governments may not regulate firearms, components, accessories). 2026 RS HB 316 would repeal and reenact it to allow local firearms ordinances; its last action is 01/20/26, to Local Government (H) (apps.legislature.ky.gov/record/26RS/hb316.html).
  • Registry ban: KRS 237.152 (no state or local list of privately owned firearms or owners).
  • Anti-commandeering: KRS 237.105 (no state or local cooperation in post-2021 federal bans or registration requirements on firearms or accessories).
  • Hunting with suppressors: I found no provision on silencers or suppressors in KRS Chapter 150 or in 301 KAR Chapter 2 (the Department of Fish and Wildlife Resources hunting regulations), which I searched for "silencer," "suppressor" and "muffler." KRS 150.362 (taking wildlife while under the influence) is the only firearm-specific hunting provision I saw, and it says nothing about suppressors.
  • Made-in-state suppressor law: none enacted. 2025 RS HB 686 (Second Amendment Restoration Act, Made in Kentucky suppressors) died in committee (apps.legislature.ky.gov/record/25RS/hb686.html, last action 02/26/25 referred to House Judiciary). HB 667 (2025), a similar bill, also stalled (apps.legislature.ky.gov/record/25RS/hb667.html, last action 02/26/25 to Judiciary (H)).
  • State assault-weapon law: none found.

Post-ruling guidance and recent legislation

  • No Kentucky AG, State Police or agency statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Kentucky law).
  • No 2025-2026 amendment of the NFA-relevant provisions found.
  • Sept. 4, 2026: Kentucky's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Kentucky law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Louisiana

Suppressors: Registration or other requirements apply

Short answer for Louisiana: Registration or other requirements apply to suppressors, SBRs and SBSs. The answer for AOWs is unsettled. For AOWs it depends on the item: most are outside Louisiana's definition, which covers rifle- or shotgun-derived weapons under 26 inches overall and a few other listed items.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (must be "registered or transferred in accordance with" Title 18/26 U.S.C.)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (same; "firearm" = rifle with barrel < 16 in., or rifle/shotgun modified to OAL < 26 in.)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (same; shotgun with barrel < 18 in.)Federal registration
AOWUnsettledMostly not within the state definition (only concealable weapons with obliterated serial numbers, grenade launchers, bazookas, rocket launchers, gas grenades, and OAL < 26 in. rifle/shotgun-derived weapons are covered); otherwise UnclearFederal registration (where covered)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear (leans illegal) — R.S. 40:1785 bars possessing any covered "firearm" "which has not been registered or transferred in accordance with Title 18 or Title 26." The NFA statutes remain on the books and ATF's letter is only enforcement discretion, so a literal reading still requires registration/approved transfer. How this wording applies to an unregistered item is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Louisiana, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Louisiana has no ban on suppressors, SBRs or SBSs and no state registry (the state registry/application sections were repealed in 2013). Instead, Part II of Title 40 defines "firearm" to include suppressors (any device diminishing the report of a portable weapon), rifles with barrels under 16 inches, shotguns under 18 inches, rifle/shotgun-derived weapons under 26 inches overall, machine guns, grenade launchers, bazookas, rocket launchers and gas grenades, plus concealable weapons with obliterated serials. R.S. 40:1785 then makes it unlawful to receive, possess, carry, conceal, buy, sell or transport any such firearm "which has not been registered or transferred in accordance with Title 18 or Title 26" of the U.S. Code. This is a registration-type dependency, although it cites federal law generally rather than the NFRTR by name.

My interpretation, not the text: the statute ties the state-law restriction to compliance with the federal registration/transfer rules, and Title 26 (the NFA) has not been repealed. ATF's Oct. 9 letter is non-enforcement discretion, so an unregistered item arguably was not "registered or transferred in accordance with Title 26" and remains within 1785 on a literal reading. How this wording applies to an unregistered item is untested. The phrase "as applicable" adds ambiguity. Penalty: 1 to 5 years and a $500 to $2,000 fine for a first offense; 5 to 10 years at hard labor for subsequent offenses (R.S. 40:1791). AOWs are largely outside the state definition, so the state exposure for them is narrower than for SBR/SBS/suppressors.

Statutory text

La. R.S. 40:1781 — Definitions (Part II, Registration)

Source: legis.la.gov/legis/LawPrint.aspx?d=169763 (retrieved 2026-10-12; shows amendment history through Acts 2023, No. 120, eff. Aug. 1, 2023; no later amendment shown)

(3) "Firearm" means a shotgun having a barrel of less than eighteen inches in length; a rifle having a barrel of less than sixteen inches in length; any weapon made from either a rifle or a shotgun if the weapon has been modified to have an overall length of less than twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition.

[...]

(5) "Machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger. [...] The term shall not include items that are not required to be registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

[...]

(7) "Muffler" or "silencer" includes any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, submachine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive and is not limited to mufflers and silencers for firearms as defined in this Section.

(8) "Transfer" includes the sale, assignment, pledge, lease, loan, gift, or other disposition of any firearm.

La. R.S. 40:1785 — Possession or dealing in unregistered or illegally transferred weapons

Source: legis.la.gov/legis/LawPrint.aspx?d=169767 (retrieved 2026-10-12; amended Acts 2013, No. 398, eff. Aug. 1, 2013)

No person shall receive, possess, carry, conceal, buy, sell, or transport any firearm which has not been registered or transferred in accordance with Title 18 or Title 26 of the United States Code as applicable.

La. R.S. 40:1782 — Exemptions from Part

Source: legis.la.gov/legis/LawPrint.aspx?d=169764 (retrieved 2026-10-12)

This Part does not apply to the following persons and things:

(1) Sheriffs or equivalent municipal officers in municipalities of over ten thousand, when they are acting in their official capacity.

(2) The arms, accoutrements, and equipment of the military and naval forces of the United States or of other officers of the United States authorized by law to possess weapons of any kind.

(3) The arms, accoutrements, and equipment of the militia.

(4) Any firearm which is unserviceable and which is transferred as a curiosity or ornament.

La. R.S. 40:1790 — Rules and regulations; importation of firearms

Source: legis.la.gov/legis/LawPrint.aspx?d=169772 (retrieved 2026-10-12)

The department may prescribe such rules and regulations as are necessary for carrying out the provisions of this Part.

Under regulations prescribed by the department, any firearm may be imported or brought into this state or possessed or transferred when the purpose thereof is shown to be lawful.

La. R.S. 40:1791 — Penalty

Source: legis.la.gov/legis/LawPrint.aspx?d=169773 (retrieved 2026-10-12)

Upon the first violation of any provision of this Part the penalty shall be a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment with or without hard labor for not less than one nor more than five years. For any subsequent violation of this Part the penalty shall be a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment at hard labor for not less than five years nor more than ten years.

La. R.S. 40:1783, 1784, 1786, 1787 — Repealed

Source: legis.la.gov/legis/LawPrint.aspx?d=169765 and ...d=169766 (retrieved 2026-10-12)

Repealed by Acts 2013, No. 398, §2, eff. August 1, 2013.

(These were the former state registration/application provisions; the state's own registry was repealed and replaced by the federal-conformity rule in 1785. 1786 and 1787 also show repeal.)

La. R.S. 56:116.6 — Sound suppressors (hunting)

Source: legis.la.gov/legis/LawPrint.aspx?d=920665 (retrieved 2026-10-12; history shows Acts 2014, No. 229 and No. 378; no later amendment shown)

Any person who is authorized to possess a firearm sound suppressor, as evidenced by payment and possession of the required federal tax stamp issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives, may use a firearm fitted with a sound suppressor when taking game birds, wild quadrupeds, outlaw quadrupeds, nutria, or beaver as provided by R.S. 56:116.1. Any person who has been convicted of a class four or greater hunting violation for a period of five years after the date of such conviction shall not use a firearm fitted with a sound suppressor pursuant to this Section. Possession or use of a sound suppressor by a person other than as permitted by this Section shall be considered in violation of this Section and shall be punished as a class six violation in accordance with the provisions of R.S. 56:36.

Note: this is a registration-type test ("payment and possession of the required federal tax stamp"). With the $0 tax, "payment" and "required" stamp are awkward for unregistered or $0 items; hunting use by an unregistered suppressor is outside the permission and a class six wildlife violation.

Related provisions

  • R.S. 40:1788: manufacturers/importers/dealers must mark firearms; R.S. 40:1792: possession of firearms with obliterated serial numbers (felony, 5 years).
  • Hunting with suppressors permitted only for persons with the federal tax stamp (R.S. 56:116.6); class six violation otherwise.
  • No separate state assault-weapon law found.
  • Federal-law cross-reference of "firearm" in 1781(5): the state machine-gun definition excludes items "not required to be registered in the NFRTR".

Post-ruling guidance and recent legislation

  • No Louisiana AG or State Police statement specific to the Aug. 5 ruling or the Oct. 9 letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Louisiana law).
  • Last amendment shown on 40:1781: Acts 2023, No. 120. The page history for 40:1785 shows no 2025-2026 amendment.
  • Sept. 4, 2026: Louisiana's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Louisiana law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Case law and AG opinions

  • United States v. Comeaux, No. 24-30307 (5th Cir. June 18, 2026) — ca5.uscourts.gov/opinions/pub/24/24-30307-CR0.pdf. Affirmed a conviction of a Louisiana defendant under 26 U.S.C. 5861(d) for unregistered silencers, holding (via United States v. Peterson, 161 F.4th 331 (5th Cir. 2025)) that the NFA's shall-issue regime did not violate the Second Amendment. Pre-dates the Aug. 5 injunction and Oct. 9 letter; federal, not an interpretation of R.S. 40:1785, but shows the Fifth Circuit treats NFA registration as valid law.

Net effect: Comeaux is a federal case and does not interpret R.S. 40:1785, so the literal-text reading (leans illegal for unregistered items) is unchanged; it modestly confirms the NFA registration regime remains enforceable law in the Fifth Circuit.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Maine

Suppressors: No item-specific restriction found

Short answer for Maine: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (hunting permit requirement repealed 2021)None needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — Maine has no statute found that bans or conditions these items on NFA registration, so the change in federal enforcement does not alter state-law status. Federal statutes remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Maine that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Based on the text reviewed, I found no separate Maine prohibition on possessing suppressors, SBRs, SBSs or AOWs; no statute with a federal-law or NFA-registration exception applies to these items. Because there is no state prohibition to carve an exception from, the federal-law dependency is none needed, and an item that is unregistered but within ATF's non-enforcement policy is not, on the text found, the subject of a separate state possession prohibition. Maine does tie suppressors to hunting-license consequences: a person convicted of certain listed hunting violations who had a suppressed firearm at the time faces a license suspension of at least 3 years under 12 MRSA § 10902(6-A), so a hunter should treat a suppressor as something that raises the stakes of any listed violation. The 2015 hunting-permit scheme (PL 2015, c. 262, which also addressed chief law enforcement officer sign-off on NFA applications under 25 MRSA § 2013) was repealed as to the permit by PL 2021, c. 112 (LD 635); 12 MRSA § 11161 now reads "(REPEALED)" and § 11214(1)(C) is repealed. Machine guns are criminalized under 17-A § 1051 when possessed "without authority." Maine also bars a government registry of privately owned firearms (25 MRSA § 2014) and preempts local firearm ordinances (25 MRSA § 2011).

Statutory text

17-A MRSA § 1051 — Possession of machine gun

Source: legislature.maine.gov/statutes/17-A/title17-Asec1051.ht… (retrieved 2026-10-12; page data extracted 10/05/2026; history: PL 1975, c. 499, §1 (NEW); RR 2025, c. 2, Pt. F, §69 (COR))

1. A person is guilty of possession of a machine gun if, without authority to do so, that person knowingly possesses a machine gun.

2. As used in this chapter, "machine gun" means a weapon of any description, by whatever name known, loaded or unloaded, which is capable of discharging a number of projectiles in rapid succession by one manual or mechanical action on the trigger or firing mechanism.

3. Possession of a machine gun is a Class D crime.

12 MRSA § 11214 — Unlawful use or possession of implements or aids (hunting)

Source: legislature.maine.gov/statutes/12/title12sec11214.html (retrieved 2026-10-12; page data extracted 10/05/2026; history includes PL 2015, c. 262, §2; PL 2021, c. 112, §3; PL 2023, c. 239, §§26-29; PL 2023, c. 431, §§5-8); excerpted

1. Prohibition. A person may not:

A. Use for hunting or possess for hunting any automatic firearm. This paragraph does not apply to: (1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty.

B. Use for hunting or possess for hunting any autoloading firearm having a magazine capacity of more than 5 cartridges. All autoloading firearms having a magazine capacity in excess of 5 cartridges must have the magazine permanently altered to contain not more than 5 cartridges before the autoloading firearm may be used in this State for hunting. This paragraph does not apply to: (1) Military organizations authorized by law to bear arms or to the National Guard in the performance of its duty; or (2) Firearms using the .22 caliber rimfire cartridge or smaller caliber cartridge or to any autoloading pistol having a barrel less than 8 inches in length;

C. [PL 2021, c. 112, §3 (RP).]

D. Use for hunting cartridges containing tracer bullets. [...]

E. Use for hunting cartridges containing explosive bullets. [...]

2. Penalty. Except as provided in subsection 1, paragraphs F, I and J, a person who violates subsection 1 commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17-A, section 1704, subsection 5 and Title 17-A, section 1705, subsection 5.

Paragraph C, formerly the suppressor paragraph, is repealed. The section contains no sound-suppression provision.

12 MRSA § 11161 — Noise suppression devices (REPEALED)

Source: legislature.maine.gov/statutes/12/title12sec11161.html (retrieved 2026-10-12; page data extracted 10/05/2026; titled "Noise suppression devices")

(REPEALED)

History as shown: "PL 2015, c. 262, §1 (NEW). PL 2017, c. 366, §1 (AMD). PL 2021, c. 112, §2 (RP)."

12 MRSA § 10902(6-A) — Hunting license suspension where a suppressor is possessed

Source: legislature.maine.gov/statutes/12/title12sec10902.html (retrieved 2026-10-12; page data extracted 10/05/2026; subsection history PL 2021, c. 112, §1 (NEW)); excerpted

6-A. Mandatory hunting license revocation when using a suppressor. The commissioner shall suspend a person's hunting license for at least 3 years if that person is convicted of any violation listed in subsection 6 and found to have been in possession, at the time of the offense, of a firearm with a device used to suppress or deaden the sound or natural report of the firearm.

Subsection 6 lists the underlying violations (for example, closed-season violations as to bear, deer or moose, hunting under the influence, night hunting, and discharging a firearm within 100 yards of a dwelling without owner permission). This is a license consequence for those violations; it does not prohibit possessing a suppressor.

Code review for suppressor, short-barrel and AOW terms

Chapters and titles reviewed: 17-A Ch. 43 "Weapons" (table of contents at legislature.maine.gov/statutes/17-A/title17-Ach43sec0.h…): sections 1051 (machine gun possession), 1052, 1053, 1054 (machine gun exemptions, confiscation, forfeiture), 1055 (dangerous knives, repealed), 1056 (armor-piercing ammunition), 1057 (firearms in liquor establishments), 1058 (courthouse), 1059 (correctional facility or jail), 1060 (undetectable firearms). No section on suppressors, short-barreled or sawed-off firearms, or AOWs. The complete official texts of Title 17-A (legislature.maine.gov/statutes/17-A/title17-A.pdf), Title 25 including ch. 252 and ch. 252-A (legislature.maine.gov/statutes/25/title25.pdf), Title 12 (legislature.maine.gov/statutes/12/title12.pdf) and Title 17 (legislature.maine.gov/statutes/17/title17.pdf) (each generated 10.05.2026) were searched for "silencer", "suppressor", "suppression device", "muffler", "short-barrel", "sawed", "short barrel", "any other weapon" and "assault". The only hits relevant to firearms were 12 MRSA § 2458 ("Silencers; automatics; capacity", repealed), § 11161 (repealed), § 10902(6-A) and § 11214 above. The remaining hits were unrelated (17-A § 909 "automated sales suppression device"; motorboat mufflers). No state assault-weapon definition appeared.

25 MRSA § 2011 — State preemption

Source: legislature.maine.gov/statutes/25/title25sec2011.html (retrieved 2026-10-12; page data extracted 10/05/2026; history ends PL 2011, c. 626, §1 (AMD)); excerpted

1. Preemption. The State intends to occupy and preempt the entire field of legislation concerning the regulation of firearms, components, ammunition and supplies. Except as provided in subsection 3, any existing or future order, ordinance, rule or regulation in this field of any political subdivision of the State is void.

2. Regulation restricted. Except as provided in subsection 3, no political subdivision of the State, including, but not limited to, municipalities, counties, townships and village corporations, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, purchase delay, transfer, ownership, use, possession, bearing, transportation, licensing, permitting, registration, taxation or any other matter pertaining to firearms, components, ammunition or supplies.

3. Exception. This section does not prohibit an order, ordinance, rule or regulation of any political subdivision which, with the exception of appropriate civil penalty provisions, conforms exactly with any applicable provision of state law or which regulates the discharge of firearms within a jurisdiction.

25 MRSA § 2013 — Chief law enforcement officer's certification; certain firearms

Source: legislature.maine.gov/statutes/25/title25sec2013.html (retrieved 2026-10-12; page data extracted 10/05/2026; history PL 2015, c. 262, §3 (NEW)); excerpted

1. Definitions. ... C. "Firearm" has the same meaning as in the National Firearms Act, 26 United States Code, Section 5845(a).

2. Chief law enforcement officer's certification. Within 15 days of receipt of an application for certification, the chief law enforcement officer shall provide the certification unless the chief law enforcement officer has information that prevents the chief law enforcement officer from providing the certification. A. If the chief law enforcement officer denies an application for certification under this section, the chief law enforcement officer shall provide the applicant with a written notification of the denial and the reason for the denial, which may not be based upon a generalized objection to a private person's possessing, making or transferring a firearm or to a certain type of firearm that is otherwise lawful. ...

25 MRSA § 2014 — Government firearms or firearms owners registry prohibited

Source: legislature.maine.gov/statutes/25/title25sec2014.html (retrieved 2026-10-12; page data extracted 10/05/2026; history PL 2017, c. 175, §1 (NEW))

Notwithstanding any other provision of law to the contrary, a government agency of this State or a political subdivision of this State may not keep or cause to be kept a comprehensive registry of privately owned firearms and the owners of those firearms within its jurisdiction.

Related provisions

  • 17-A MRSA § 1051 (machine gun possession).
  • 12 MRSA § 11214 (hunting method restrictions; automatic firearms and autoloaders over 5 rounds banned for hunting).
  • 12 MRSA § 10902(6-A) (3-year hunting license suspension where a suppressor is present during certain violations).
  • 12 MRSA § 11161 repealed by PL 2021, c. 112.
  • 25 MRSA § 2013 (chief law enforcement officer certification for NFA applications).
  • 25 MRSA § 2014 (no government registry of privately owned firearms).
  • Local preemption: 25 MRSA § 2011.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Maryland

Suppressors: No item-specific restriction found

Short answer for Maryland: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. Registration or other requirements apply to SBRs and SBSs.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (no state statute found restricting possession, sale, or making; the only suppressor reference in the code sections I reviewed is a sentence enhancement, Crim. Law § 5-621(d))None needed
SBRRegistration or other requirements applyRestricted, with an exception (only if registered with the federal government, Pub. Safety § 5-203); otherwise a misdemeanor. Also: barrel under 16 in = "handgun" = "regulated firearm" (HQL, waiting period, sale/transfer rules); semi-auto centerfire SBRs under 29 in overall length are banned "copycat weapons"Federal registration (§ 5-203) plus state permit (HQL / regulated-firearm scheme); banned for semi-auto centerfire under 29 in
SBSRegistration or other requirements applyRestricted, with an exception (only if registered with the federal government, Pub. Safety § 5-203); otherwise a misdemeanor. Also: treated as a "handgun" for the carry/transport statute (§ 4-203); regulated-firearm scheme applies only if barrel under 16 in; certain semi-auto/folding-stock/revolving shotguns banned as copycat weaponsFederal registration (§ 5-203) plus state permit / none needed
AOWNo item-specific restriction foundNo separate state treatment found; regulated as an ordinary firearm, or a "handgun" if barrel under 16 in (smooth-bore pistol/concealable).None needed (HQL if under 16 in barrel)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal for SBRs and SBSs (Pub. Safety § 5-203 bars possession unless "registered with the federal government in accordance with federal law", with the burden of proving registration on the defendant); No state restriction found for suppressors; AOWs not separately regulated. Unregistered SBR/SBS possession is a state misdemeanor (up to 5 years / $5,000) regardless of ATF's non-enforcement policy. Maryland's handgun/regulated-firearm and assault-weapon (copycat) rules also apply regardless of NFA status.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Maryland, federal registration is a stated condition of the exception for SBRs and SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

The only statutory use of "silencer" that I found is the sentence enhancement in Crim. Law § 5-621(d), which applies only when a firearm is used in a drug trafficking crime. I found no state law that restricts possessing, buying, or making a suppressor, so suppressors are not dependent on federal registration. SBRs and SBSs are directly regulated by Pub. Safety § 5-203: possession is prohibited unless the person is on listed official business or the item "has been registered with the federal government in accordance with federal law" (a registration-type exception), and the defendant bears the burden of proving lawful registration (subsection (b)). The text says nothing about federal enforcement discretion. My interpretation: an SBR/SBS that is not on the NFRTR (e.g. made or transferred after Oct. 9, 2026 without a Form 1/4) cannot satisfy (a)(2), and ATF's non-enforcement policy does not change that. Items already registered before the letter remain within the exception. Separately, SBRs and SBSs are handled indirectly through the handgun rules. A rifle with a barrel under 16 in is a "handgun" under Pub. Safety § 5-101(n), hence a "regulated firearm": buyers need a handgun qualification license, and transfers go through the regulated-firearm process, with a 7-day wait after the firearm application (Pub. Safety §§ 5-123 and 5-124). Crim. Law § 4-201(c)(2) expressly classes SBRs and SBSs as handguns for the carry/transport ban, so they can only be moved under the § 4-203(b) exceptions or a carry permit. The assault-weapon ban (§ 4-303) independently catches semi-auto centerfire rifles under 29 inches overall length, which covers most SBRs, with no exception for NFA-registered items. Apart from § 5-203, none of these provisions is conditioned on NFA registration, tax stamp, or federal lawfulness; the only other federal-law references are in the antique/curio/relic exemption and general "not otherwise prohibited under State or federal law" disqualifier language in § 5-117.1(c)(2). For suppressors, ATF's non-enforcement policy neither creates nor removes Maryland liability. Penalties: § 5-203 up to 5 years/$5,000; § 4-203 up to 5 years; § 4-303 up to 3 years/$5,000; § 5-144 misdemeanor up to 5 years/$10,000. A semi-auto centerfire rifle under 29 inches that was not possessed or on order before October 1, 2013 does not fit the grandfathering in § 4-303(b)(3), so I would treat acquiring one in Maryland as barred by § 4-303 whatever its NFA status.

Statutory text

Md. Code, Crim. Law § 4-201 — Definitions (handgun, SBR, SBS)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(c) (1) "Handgun" means a pistol, revolver, or other firearm capable of being concealed on the person.

(2) "Handgun" includes a short-barreled shotgun and a short-barreled rifle.

(3) "Handgun" does not include a shotgun, rifle, or antique firearm.

[...]

(f) "Short-barreled rifle" means:

(1) a rifle that has one or more barrels less than 16 inches long; or

(2) a weapon that has an overall length of less than 26 inches and that was made from a rifle, whether by alteration, modification, or otherwise.

(g) "Short-barreled shotgun" means:

(1) a shotgun that has one or more barrels less than 18 inches long; or

(2) a weapon that has an overall length of less than 26 inches long and was made from a shotgun, whether by alteration, modification, or otherwise.

Md. Code, Crim. Law § 4-203 — Wearing, carrying, transporting handgun (excerpt)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12)

(a) (1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

[...]

(b) This section does not prohibit: [...] (3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster; [...]

(c) (1) A person who violates this section is guilty of a misdemeanor [...] (2) [...] not less than 30 days and not exceeding 5 years or a fine of not less than $250 and not exceeding $2,500 or both [...]

Md. Code, Pub. Safety §§ 5-201 and 5-202 — Subtitle definitions and exclusions

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

§ 5-201 (g) "Short-barreled rifle" has the meaning stated in § 4-201 of the Criminal Law Article.

§ 5-201 (h) "Short-barreled shotgun" has the meaning stated in § 4-201 of the Criminal Law Article.

§ 5-202 This subtitle does not apply to a short-barreled rifle or short-barreled shotgun that is:

(1) an antique firearm as defined in § 4-201 of the Criminal Law Article;

(2) a device designed or redesigned for use other than as a weapon;

(3) a device designed or redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or

(4) a firearm that cannot:

(i) discharge a projectile by an explosive; and

(ii) be readily restored to a firing condition.

The rest of Subtitle 2 of Title 5 (§§ 5-204 to 5-206: adjacent-state purchase of rifles and shotguns, and persons prohibited from possessing a rifle or shotgun) does not mention suppressors, short-barreled firearms, or the NFA.

Md. Code, Pub. Safety § 5-203 — Short-barreled rifles and shotguns (federal registration exception)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(a) A person may not possess a short–barreled rifle or short–barreled shotgun unless:

(1) the person, while on official business is: (i) a member of the law enforcement personnel of the federal government, the State, or a political subdivision of the State; (ii) a member of the armed forces or the National Guard while on duty or traveling to or from duty; (iii) a member of the law enforcement personnel of another state or a political subdivision of another state, while temporarily in this State; (iv) a warden or correctional officer of a correctional facility in the State; or (v) a sheriff or a temporary or full–time deputy sheriff; or

(2) the short–barreled shotgun or short–barreled rifle has been registered with the federal government in accordance with federal law.

(b) In a prosecution under this section, the defendant has the burden of proving the lawful registration of the short-barreled shotgun or short-barreled rifle.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Md. Code, Pub. Safety § 5-101 — Definitions (handgun, regulated firearm)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12)

(n) (1) "Handgun" means a firearm with a barrel less than 16 inches in length.

(2) "Handgun" includes signal, starter, and blank pistols.

[...]

(r) "Regulated firearm" means:

(1) a handgun; or

(2) a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon: [...]

Md. Code, Pub. Safety § 5-117.1(b) — Handgun qualification license

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12)

(b) A dealer or any other person may not sell, rent, or transfer a handgun to a purchaser, lessee, or transferee unless the purchaser, lessee, or transferee presents to the dealer or other person a valid handgun qualification license issued to the purchaser, lessee, or transferee by the Secretary under this section.

(Exemptions in (a) include antique, curio, or relic firearms "as defined in federal law"; not relevant to NFA registration.)

Md. Code, Pub. Safety § 5-133(a) — Regulated firearm possession; preemption

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12)

(a) This section supersedes any restriction that a local jurisdiction in the State imposes on the possession by a private party of a regulated firearm, and the State preempts the right of any local jurisdiction to regulate the possession of a regulated firearm.

Md. Code, Crim. Law § 4-301 — Assault weapons definitions (excerpt)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(h) (1) "Copycat weapon" means:

(i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following: 1. a folding stock; 2. a grenade launcher or flare launcher; or 3. a flash suppressor;

(ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;

(iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches;

(iv) a semiautomatic pistol with a fixed magazine that can accept more than 10 rounds;

(v) a semiautomatic shotgun that has a folding stock; or

(vi) a shotgun with a revolving cylinder.

[...]

(j) "Flash suppressor" means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter's field of vision.

Md. Code, Crim. Law § 4-303(a) — Assault weapons prohibition

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(a) Except as provided in subsection (b) of this section, a person may not:

(1) transport an assault weapon into the State; or

(2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon.

Exceptions in (b) cover assault pistols lawfully possessed before June 1, 1994 and registered before August 1, 1994; a licensed dealer's inventory lawfully possessed on or before October 1, 2013; a person who "lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013"; transport to or from a ballistics testing laboratory; and court-ordered surrender. None refers to the NFA or federal law. Section 4-302 separately excludes official personnel acting in the scope of official business, firearms "modified to render it permanently inoperative", certain licensed dealers and manufacturers, inheritance, and retired law enforcement officers.

Md. Code, Crim. Law § 4-306(a) — Assault weapons penalty

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(a) Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Md. Code, Crim. Law § 5-621(d) — Firearm silencer (sentence enhancement in drug trafficking crimes)

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(d) (1) (i) In this subsection, "firearm silencer" means a device that is designed for silencing, muffling, or diminishing the report of a firearm.

(ii) "Firearm silencer" includes a combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler.

(2) A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is: [...] (iii) equipped with a firearm silencer.

This applies only to a firearm used during and in relation to a drug trafficking crime. It does not by its terms prohibit possessing, buying, or making a suppressor.

Md. Code, Crim. Law §§ 4-401 to 4-404 — Machine guns

Source: mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article… (retrieved 2026-10-12; official General Assembly site, no currency note on page)

(c) (1) A person who acquires a machine gun shall register the machine gun with the Secretary of State Police: (i) within 24 hours after acquiring the machine gun; and (ii) in each succeeding year during the month of May.

§ 4-404: use/possession in a crime of violence is a felony, up to 20 years.

Related provisions

  • Preemption: Pub. Safety § 5-133(a), § 5-134(a) preempt local regulation of possession/transfer of regulated firearms.
  • No Maryland Firearms Freedom Act identified.
  • Provisions reviewed for suppressors, silencers, mufflers, sawed-off and short-barreled terms: Criminal Law Title 4 in full (Subtitle 1, §§ 4-101 to 4-111; Subtitle 2, §§ 4-201 to 4-209; Subtitle 3, §§ 4-301 to 4-306; Subtitle 4, §§ 4-401 to 4-407; Subtitle 5, §§ 4-501 to 4-503), Criminal Law § 5-621, Public Safety Title 5 Subtitle 1 (§§ 5-101 to 5-150), Subtitle 2 (§§ 5-201 to 5-206) and Subtitle 3 (§§ 5-301 to 5-312), and Natural Resources §§ 10-401 to 10-420 (hunting). Only § 5-621(d) uses the word "silencer"; none of the others uses "suppressor", "muffler" or "sawed-off".
  • Hunting with a suppressor: I found no provision in COMAR Title 08, Subtitle 03 (Wildlife), Chapters 01 to 12, that permits or prohibits suppressors for ordinary hunting, and none that conditions suppressor use on federal registration. The only mentions are in the Deer Cooperator License regulation, which says its requirements "are in addition to any requirements imposed by any other agency of State, federal, or local government relating to the: [...] (2) Possession of firearms, ammunition, optics, and suppressors" and requires an operational plan to list "Additional equipment, including, but not limited to, night vision, suppressors including brand name, spotlights, or trapping equipment." That regulation covers licensed deer-cooperator operations, not general hunting. Source: regs.maryland.gov/us/md/exec/comar/08.03.09.11 (retrieved 2026-10-12; Library of Maryland Regulations; current regulation text, no amendment note shown on page).
  • Flash suppressor definition (§ 4-301(j)): the definition turns on what a device does. A sound suppressor is not automatically outside it, so the device and the firearm it is attached to need separate assessment.

Post-ruling guidance and recent legislation

  • Maryland AG / State Police statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter: None found as of 2026-10-12.
  • 2025 amendment: Chapter 261 of the 2025 Laws of Maryland (Senate Bill 280, effective Oct. 1, 2025) changed the official-duty exception in § 5-203(a)(1)(ii) from "a member of the armed forces of the United States or the National Guard" to "a member of the armed forces or the National Guard." It did not change the civilian registration exception. Source: mgaleg.maryland.gov/2025rs/Chapters_noln/CH_261_sb0280t… (retrieved 2026-10-13)
  • Bills: No 2024, 2025 or 2026 Regular Session bill that mentions a silencer, suppressor, short-barreled rifle or shotgun, assault weapon, or copycat weapon in its title or synopsis appears in the General Assembly's bill master list. Source: mgaleg.maryland.gov/2026rs/misc/billsmasterlist/BillMas… (retrieved 2026-10-12; status current as of 10/12/2026 2:47:21 PM)

Case law and AG opinions

Wimbish v. State, 201 Md. App. 239, 29 A.3d 635 (Md. Ct. Spec. App. 2011), discusses § 5-203 in a sentencing context. Source: static.case.law/md-app/201/cases/0239-01.json (retrieved 2026-10-12; decided 2011-09-29)

  • The defendant was convicted of possessing a short-barreled shotgun under § 5-203 and of regulated-firearm offenses under § 5-133, each with a consecutive five-year sentence. The court held the § 5-203 conviction did not merge with the § 5-133(c) conviction: "§ 5-133(c) requires proof of a fact that § 5-203 does not, that is, a prior conviction for a crime of violence, and § 5-203 requires proof of a fact that § 5-133 does not, that is, that the gun possessed was a short-barreled shotgun."
  • On the purpose of § 5-203, the court wrote that "since at least 1976, the General Assembly has been particularly concerned with short-barreled shotguns and short-barreled rifles, weapons that, like pistols or revolvers, pose a unique threat because they may be easily concealed," and that the offense "is directed at preventing all people (or at least all members of the public) from possessing a certain type of uniquely dangerous weapon, regardless of criminal history."
  • In a footnote the court describes the exception and the burden: "Subsection (a)(2) provides that the provision does not apply if the short-barreled shotgun 'has been registered with the federal government in accordance with federal law.' Under subsection (b), the burden of proving such lawful registration is on the defendant."

The opinion does not interpret the phrase "in accordance with federal law" and says nothing about an item that is unregistered.

Net effect: Wimbish repeats the text of the exception and the burden rule and does nothing to soften the "registered with the federal government" wording; on its face that wording hurts anyone holding an SBR/SBS that is not on the NFRTR, and the defendant carries the burden of proving registration.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Massachusetts

Suppressors: Prohibited under state law

Short answer for Massachusetts: The answer for SBRs and AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors and SBSs. For SBRs and AOWs no statute names them, but Massachusetts firearm licensing applies and the assault-style firearm law can reach them, so it depends on the item.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned for civilians (felony); exceptions only for federally licensed manufacturers (sales to law enforcement/MPTC) and on-duty authorized officersBanned
SBRUnsettledNot named in any statute. Probably treated as an ordinary "firearm" (requires LTC/FID-level licensing, subject to the MA assault-style-firearm ban if it has the listed features). No NFA-based carve-out and no NFA-based prohibition.None needed (no federal-law hook; but see assault-style firearm / licensing)
SBSProhibited under state lawBanned as a "sawed-off shotgun" (barrel under 18" or overall length under 26"); life-max felony; no federal-law exceptionBanned
AOWUnsettledNot named. Smoothbore pistols, pen guns etc. fall within "firearm" definition and general licensing; no NFA-based hook.None needed (general licensing applies)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal — Massachusetts bans suppressors and sawed-off shotguns with no exception keyed to federal registration or compliance, so ATF's non-enforcement changes nothing under state law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors and SBSs in Massachusetts: the restriction there applies whether or not the item is federally registered. For SBRs and AOWs, the open question is the state assault-weapon law, which federal registration does not answer; see the short answer above.

Analysis

Suppressors: c.269 s.10A makes it a crime for anyone except a federally licensed manufacturer (selling to law enforcement/MPTC) or an on-duty authorized officer to sell, give, use or possess a silencer or its parts. The only "federal" reference is the licensed-manufacturer carve-out (an FFL status, not NFA registration or tax payment). There is no exception for NFA-registered civilians. Penalty: up to 5 years state prison or 2.5 years jail; forfeiture and destruction.

SBS: c.269 s.10(c) makes owning, possessing or carrying a "sawed-off shotgun" (barrel under 18" or overall under 26") a crime punishable by up to life in state prison (subject to the paragraph (a) mandatory minimum, which I did not quote). The only qualifier is "except as provided by law" and no federal-compliance exception appears in the text.

SBR and AOW: no Massachusetts statute I found names SBRs or AOWs. My reading is that they are "firearms" under s.121 and need ordinary licensing; an SBR with the listed features may also be an "assault-style firearm" (banned for sale/possession by non-grandfathered civilians). The "rifle" definition's 16" floor means a sub-16" rifle may not be a "rifle" but is still a "firearm" by the designed-to-expel language. This is interpretation, not statute text.

Because no relevant exception keys off NFA registration or federal lawfulness, ATF's Oct. 9 policy does not alter state exposure. Note c.269 s.10 and s.10A are felonies with serious penalties.

Statutory text

M.G.L. c. 269, § 10A — Selling, giving or using silencers; confiscation and destruction

Source: malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapte… (retrieved 2026-10-12; no amendment notice seen)

Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police, who sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm, including any combination of parts designed or redesigned and intended for use in assembling or fabricating any such instrument, attachment, weapon or appliance and any part intended only for use in such assembly or fabrication, shall be punished by imprisonment for not more than five years in state prison or for not more than two and one-half years in a jail or house of correction. Nothing contained herein shall be construed to prohibit a federally licensed firearms manufacturer from selling such instrument, attachment, weapon, appliance or parts to authorized law enforcement agencies for law enforcement purposes or to the municipal police training committee for law enforcement training. Upon conviction of a violation of this section, the instrument, attachment or other article shall be confiscated by the commonwealth and forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall destroy said article.

M.G.L. c. 269, § 10(c) — Machine guns, sawed-off shotguns

Source: malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapte… (retrieved 2026-10-12)

(c) Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without permission under section one hundred and thirty-one of said chapter one hundred and forty; or whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, automatic part, bump stock, rapid-fire trigger activator or trigger modifier, as those terms are defined in said section one hundred and twenty-one of said chapter one hundred and forty, shall be punished by imprisonment in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a). [...]

(d) Whoever, after having been convicted of any of the offenses set forth in paragraph (a), (b) or (c) commits a like offense or any other of the said offenses, shall be punished by imprisonment in the state prison for not less than five years nor more than seven years; [...]

M.G.L. c. 140, § 121 — Definitions (excerpts)

Source: malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapte… (retrieved 2026-10-12)

''Firearm'', a stun gun, pistol, revolver, rifle, shotgun, sawed-off shotgun, large capacity firearm, assault-style firearm and machine gun, loaded or unloaded, which is designed to or may readily be converted to expel a shot or bullet; the frame or receiver of any such firearm or the unfinished frame or receiver of any such firearm; provided, however, that ''firearm'' shall not include any antique firearm or permanently inoperable firearm.

''Sawed-off shotgun'', any firearm made from a shotgun, whether by alteration, modification or otherwise, if such firearm as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches.

''Machine gun'', a firearm, loaded or unloaded, which may automatically discharge more than 1 shot by a continuous activation of the trigger, whether originally manufactured as such or modified by automatic conversion, [...]

''Rifle'', a firearm having a rifled bore with a barrel length equal to or greater than 16 inches and capable of discharging a shot or bullet for each pull of the trigger.

''Shotgun'', a firearm having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet for each pull of the trigger.

''Assault-style firearm'', any firearm which is: (a) a semiautomatic, centerfire rifle with the capacity to accept a detachable feeding device and includes at least 2 of the following features: (i) a folding or telescopic stock; (ii) a thumbhole stock or pistol grip; (iii) a forward grip [...]; (iv) a threaded barrel designed to accommodate a flash suppressor or muzzle break or similar feature; or (v) a shroud [...]. (b) a semiautomatic pistol with the capacity to accept a detachable feeding device and includes at least 2 of the following features: [...] (iii) a threaded barrel capable of accepting a flash suppressor, forward handgrip or silencer; [...] (c) a semiautomatic shotgun that includes at least 2 of the following features: [...] [...]

(The (d)-(g) clauses on roster, named models and exclusions were omitted with [...].) Note the gap: a firearm with a rifled bore and barrel under 16 inches is not a "rifle" or "shotgun" as defined, but remains a "firearm" (designed to expel a shot or bullet) and is not a "sawed-off shotgun" unless made from a shotgun.

M.G.L. c. 140, § 131(f) — Machine gun license

Source: malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapte… (retrieved 2026-10-12)

(f) No person shall be issued a license to carry a machine gun in the commonwealth, except that a licensing authority may issue a machine gun license to: (i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel; or (ii) a bona fide collector of firearms as defined in section 121 upon application or upon application for renewal of such license. Clauses (i) and (ii) of this paragraph shall not apply to automatic devices or automatic parts.

M.G.L. c. 269, § 10(a) — unlicensed possession of a firearm (excerpt)

Source: malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapte… (retrieved 2026-10-12)

(a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either: (1) being present in or on his residence or place of business; or (2) having in effect a license to carry firearms issued under section one hundred and thirty-one [...] shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended [...]

Related provisions

  • c.140 s.121 "assault-style firearm" definition includes threaded-barrel features (flash suppressor/silencer), as quoted above.
  • Hunting with a suppressor: not permitted (suppressors banned).
  • No Firearms Freedom Act / made-in-state suppressor law found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for Massachusetts AG, State Police or EOPSS on the Aug. 5 ruling or Oct. 9 ATF letter.
  • Legislation 2025-2026 amending c.269 s.10/10A: none found.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Michigan

Suppressors: Registration or other requirements apply

Short answer for Michigan: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyBanned unless the person is "licensed by the secretary of the treasury" to possess it (felony otherwise)Federal registration (federal license/approval; wording is "licensed", not "registered")
SBRUnsettledBanned unless "lawfully made, manufactured, transferred, or possessed under federal law"; carry-copy-of-federal-registration rule for items over 26 in.Federal compliance (with registration-flavored duties in subsecs. (4)-(5))
SBSUnsettledSame as SBRFederal compliance (same caveats)
AOWNo item-specific restriction foundNo Michigan statute specifically restricting AOWs found (not covered by 750.224/224b; a concealable AOW that is a "pistol" falls under ordinary pistol licensing/registration)None needed (beyond general firearm licensing)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear. SBR/SBS: the exception is "lawfully ... possessed under federal law", which one reading would let an unregistered item satisfy if federal enforcement is waived, while the other reading is that the NFA statutes are not repealed, so the item is still not "lawful under federal law"; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Suppressors: the exception requires a person "licensed by the secretary of the treasury," which an unregistered owner does not obviously have, so the risk is higher.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Michigan's suppressor exception requires federal licensing or approval under the Attorney General's 2011 interpretation; ATF's non-enforcement policy does not itself provide that approval.

Analysis

Michigan flatly prohibits manufacture, sale and possession of any "muffler or silencer" (including parts) and of SBRs/SBSs, each a felony (up to 5 years, fine up to $2,500). Each has a federal-law carve-out, but the wordings differ. For suppressors, the text (MCL 750.224(3)(c)) exempts "a person licensed by the secretary of the treasury ... to manufacture, sell, or possess" them. It does not literally say "registered," and a 2011 Michigan AG opinion read it to cover persons licensed or approved by ATF. For SBRs/SBSs, MCL 750.224b(3) exempts items "lawfully made, manufactured, transferred, or possessed under federal law" (a federal compliance phrasing), but subsections (4)-(5) add state pistol-license compliance for items 26 in. or shorter and a duty to carry a copy of the "federal registration" for longer ones, and subsection (7) puts the burden of proving the exception on the defendant (MCL 776.20). My interpretation: after the ATF letter, how this wording applies to an unregistered SBR/SBS is untested. The NFA statutes remain on the books and only enforcement discretion changed, so the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Subsection (5) failure to produce registration is a $100 civil infraction with seizure and possible forfeiture. Suppressor possession without a Treasury license looks more exposed. No AOW-specific Michigan statute was found. These are readings of text, not legal conclusions.

Statutory text

MCL 750.224 — Machine guns, silencers, etc.

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-750-224 (retrieved 2026-10-12; page states "Michigan Compiled Laws Complete Through PA 103 of 2026")

(1) A person shall not manufacture, sell, offer for sale, or possess any of the following:

(a) A machine gun or firearm that shoots or is designed to shoot automatically more than 1 shot without manual reloading, by a single function of the trigger.

(b) A muffler or silencer.

(c) A bomb or bombshell.

[...]

(2) A person who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to any of the following:

(a) A self-defense spray or foam device as defined in section 224d.

(b) A person manufacturing firearms, explosives, or munitions of war by virtue of a contract with a department of the government of the United States.

(c) A person licensed by the secretary of the treasury of the United States or the secretary's delegate to manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance described in subsection (1).

(4) As used in this chapter, "muffler" or "silencer" means 1 or more of the following:

(a) A device for muffling, silencing, or deadening the report of a firearm.

(b) A combination of parts, designed or redesigned, and intended for use in assembling or fabricating a muffler or silencer.

(c) A part, designed or redesigned, and intended only for use in assembling or fabricating a muffler or silencer.

MCL 750.224b — Short-barreled shotguns and rifles

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-750-224b (retrieved 2026-10-12; complete through PA 103 of 2026)

(1) A person shall not make, manufacture, transfer, or possess a short-barreled shotgun or a short-barreled rifle.

(2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law.

(4) A person, excluding a manufacturer, lawfully making, transferring, or possessing a short-barreled shotgun or short-barreled rifle that is 26 inches or less in length under this section shall comply with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.

(5) A person who possesses a short-barreled shotgun or short-barreled rifle that is greater than 26 inches in length under this section shall possess a copy of the federal registration of that short-barreled shotgun or short-barreled rifle while transporting or using that short-barreled shotgun or short-barreled rifle and shall present that federal registration to a peace officer upon request by that peace officer.

(6) A person who violates subsection (5) is responsible for a state civil infraction and may be fined not more than $100.00. A short-barreled shotgun or short-barreled rifle carried in violation of subsection (5) is subject to immediate seizure by a peace officer. [...] If the person does not display the federal registration within the 45-day period, the short-barreled shotgun or short-barreled rifle is subject to seizure and forfeiture [...] under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.

(7) Section 20 of chapter XVI of the code of criminal procedure, 1927 PA 175, MCL 776.20, applies to subsection (3).

MCL 750.222 — Definitions (excerpt)

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-750-222 (retrieved 2026-10-12; complete through PA 103 of 2026)

(k) "Short-barreled rifle" means a rifle having 1 or more barrels less than 16 inches in length or a weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches.

(l) "Short-barreled shotgun" means a shotgun having 1 or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches.

MCL 776.20 — Burden of establishing exception

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-776-20 (retrieved 2026-10-12)

In any prosecution for the violation of any acts of the state relative to use, licensing and possession of pistols or firearms, the burden of establishing any exception, excuse, proviso or exemption contained in any such act shall be upon the defendant but this does not shift the burden of proof for the violation.

MCL 28.422 — License to purchase/possess pistols and purchase firearms (excerpt only)

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-28-422 (retrieved 2026-10-12)

(1) Except as otherwise provided in this act, a person shall not do either of the following:

(a) Purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.

(b) Purchase a firearm that is not a pistol in this state without first having obtained a license for the firearm as prescribed in this section. [...]

MCL 28.422a — Persons not required to obtain a purchase license (excerpt)

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-28-422a (retrieved 2026-10-12; complete through PA 103 of 2026)

Sec. 2a. (1) The following individuals are not required to obtain a license under section 2 to purchase, carry, possess, use, or transport a firearm: [...] (d) An individual purchasing a firearm other than a pistol who has a federal national instant criminal background check performed on the individual by a federally licensed firearms dealer not more than 5 days before the purchase. [...]

(Mechanics of the rest of the section were not quoted. This is the licensing/record route 750.224b(4) points to for items 26 in. or shorter.)

MCL 123.1102 — Local preemption

Source: legislature.mi.gov/Laws/MCL?objectName=mcl-123-1102 (retrieved 2026-10-12)

Sec. 2. A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

Related provisions

  • No hunting-with-suppressor allowance found.
  • No Michigan Firearms Freedom Act suppressor law found.
  • MCL 123.1102 (state preemption of local firearm regulation).

Post-ruling guidance and recent legislation

  • No Michigan AG or State Police statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter found as of 2026-10-12.
  • Legislation amending 750.224/224b in 2025-2026: none found as of 2026-10-12 (statute history on legislature.mi.gov shows last amendments 2006 and 2014; page current through PA 103 of 2026).

Case law and AG opinions

  • Mich. Att'y Gen. Op. No. 7260 (Sept. 2, 2011) — guntrustlawyer.com/files/2015/02/MI7260.pdf. Syllabus: "The possession, manufacture, or sale of a firearm silencer is permitted in Michigan under MCL 750.224(1)(b) if the person is licensed or approved to possess, manufacture, or sell such a device by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, as required by MCL 750.224(3)(c). Possession, manufacture, or sale of a firearm silencer by an unlicensed or unapproved person is a felony, punishable by up to five years imprisonment under MCL 750.224(2)." The opinion ties the "license" to the NFA application/approval process. It hurts an unregistered suppressor owner: the AG reads the exception as requiring federal licensing or approval; ATF continues to accept applications, but its non-enforcement policy does not itself provide that approval. (Opinions are persuasive, not binding on courts.)

Net effect: For suppressors, the AG reads the exception as requiring federal licensing or approval. The opinion does not address the SBR/SBS wording, "lawfully ... under federal law"; the text-based uncertainty remains, with the burden on the defendant (MCL 776.20).

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Minnesota

Suppressors: Unsettled

Short answer for Minnesota: I found no item-specific state restriction on possessing SBRs or AOWs; general firearm laws still apply. The answer for suppressors is unsettled. On the text, state law bars ordinary civilian possession of SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (felony to sell/possess only if "not lawfully possessed under federal law")Federal compliance
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSProhibited under state lawBanned for ordinary civilians (felony; narrow BCA collector/relic and government/dealer exceptions)Banned
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for suppressors; No state restriction found for SBRs/AOWs; Clear-illegal for SBSs. The suppressor offense turns on "not lawfully possessed under federal law," and whether an unregistered suppressor within ATF's non-enforcement policy is "lawfully possessed" is untested; the cautious assumption is that the exception may not cover an unregistered suppressor until a court or the state attorney general says otherwise. SBS ban has no federal-law exception.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Minnesota, the exception for suppressors turns on federal compliance, so a registered item is the one that most plainly fits the wording. Registration does not help with SBSs in Minnesota: the restriction there applies whether or not the item is federally registered.

Analysis

Minnesota restricts suppressors only through the 609.66 clause making it a crime to sell or possess a suppressor "not lawfully possessed under federal law." This is a federal compliance exception; it does not name registration or the NFRTR. How this wording applies to an unregistered item is untested. The NFA statutes remain on the books and the ATF letter is only enforcement discretion, so the item is still unlawful in law though not prosecuted. That is interpretation, not text; the point is untested, and the cautious assumption is that the exception may not cover an unregistered suppressor until a court or the state attorney general says otherwise. Penalty: a felony, up to 2 years/$5,000 (5 years/$10,000 in public housing, school or park zones).

Short-barreled shotguns are a separate matter. Section 609.67 makes SBS possession a felony (5 years/$10,000) with no exception keyed to NFA registration or federal lawfulness. From the statute text, a federally registered SBS is still banned for ordinary civilians; only the BCA collector/relic and government/dealer exceptions apply. Federal enforcement changes do not help.

Section 609.67 bans only short-barreled shotguns, not SBRs or AOWs. No other Minnesota provision restricting them was found. Minnesota's 2023-2024 amendments added trigger activator provisions.

Statutory text

Minn. Stat. § 609.66, subd. 1a, subd. 2 — Felony crimes; suppressors

Source: revisor.mn.gov/statutes/cite/609.66 (retrieved 2026-10-12; "2025 Minnesota Statutes"; history lists latest amendment 2024 c 115 art 16 s 41; 2026 session changes not shown)

Subd. 1a. Felony crimes; suppressors; reckless discharge.

(a) Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession a suppressor that is not lawfully possessed under federal law;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3), and was committed in a public housing zone, [...] a school zone, [...] or a park zone, [...] to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

(c) As used in this subdivision, "suppressor" means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

Subd. 2. Exceptions. Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition.

Minn. Stat. § 609.67 — Machine guns and short-barreled shotguns

Source: revisor.mn.gov/statutes/cite/609.67 (retrieved 2026-10-12; "2025 Minnesota Statutes"; latest amendment 2024 c 127 art 36 s 2)

Subd. 1(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if such weapon as modified has an overall length less than 26 inches.

Subd. 2. (a) Except as otherwise provided herein, whoever owns, possesses, or operates a machine gun, or any trigger activator or machine gun conversion kit may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.

(b) Except as otherwise provided herein, whoever owns, possesses, or operates a short-barreled shotgun may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 3. Uses permitted. The following persons may own or possess a machine gun or short-barreled shotgun provided the provisions of subdivision 4 are complied with:

(1) law enforcement officers for use in the course of their duties;

(2) chief executive officers of correctional facilities [...];

(3) persons possessing machine guns or short-barreled shotguns which, although designed as weapons, have been determined by the superintendent of the Bureau of Criminal Apprehension or the superintendent's delegate by reason of the date of manufacture, value, design or other characteristics to be primarily collector's items, relics, museum pieces or objects of curiosity, ornaments or keepsakes, and are not likely to be used as weapons;

(4) manufacturers of ammunition who possess and use machine guns for the sole purpose of testing ammunition manufactured for sale to federal and state agencies or political subdivisions;

(5) dealers and manufacturers who are federally licensed to buy and sell, or manufacture machine guns or short-barreled shotguns and who either use the machine guns or short-barreled shotguns in peace officer training under courses approved by the Board of Peace Officer Standards and Training, or are engaged in the sale of machine guns or short-barreled shotguns to federal and state agencies or political subdivisions; and

(6) persons employed by the Minnesota National Guard as security guards, for use in accordance with applicable federal military regulations.

Subd. 4. Report required. (a) A person owning or possessing a machine gun or short-barreled shotgun as authorized by subdivision 3, clause (1), (2), (3), or (4) shall, within ten days after acquiring such ownership or possession, file a written report with the Bureau of Criminal Apprehension [...]

Subd. 5. Exceptions. This section does not apply to members of the armed services of either the United States or the state of Minnesota for use in the course of their duties or to security guards employed by the Minnesota National Guard for use in accordance with applicable federal military regulations.

Subd. 6. Preemption. Laws 1977, chapter 255, supersedes all local ordinances, rules, and regulations.

The section contains no reference to NFA registration.

Related provisions

  • Minn. Stat. § 609.67, subd. 6: state law supersedes local ordinances on machine guns/SBS.
  • Minn. Stat. § 609.66, subd. 1a(a)(1): suppressor clause above.

Post-ruling guidance and recent legislation

None found as of 2026-10-12 from the Minnesota AG, BCA or DPS.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Mississippi

Suppressors: Unsettled

Short answer for Mississippi: I found no item-specific state restriction on possessing SBRs, SBSs or AOWs; general firearm laws still apply. The answer for suppressors is unsettled. On October 12, 2026 the Mississippi Attorney General said in an official statement that ATF Form 4 for suppressors is voluntary for Mississippians too. The statute has not changed, the statement does not mention Form 1, and the Attorney General plans to ask the 2027 Legislature to fix the wording.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (state possession/manufacture/sale offense for anyone "not duly authorized under federal law"; misdemeanor)Federal compliance
SBRNo item-specific restriction foundNo state restriction found (only concealed carry of a rifle under 16" is an offense, with home/vehicle/sporting exceptions)None needed
SBSNo item-specific restriction foundNo state restriction found (only concealed carry of a shotgun under 18" is an offense, with exceptions)None needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unsettled, but the Attorney General has spoken - the suppressor statute turns on whether a person is "not duly authorized under federal law" and does not mention registration. On Oct. 12, 2026 the Mississippi Attorney General said in an official statement that "it is our opinion that ATF Form 4 for suppressors is voluntary for Mississippians as well." The same statement says ATF's position "can easily be reversed," that the office will ask the 2027 Legislature to remove the reference to federal law, and it is a statement, not a statute or a court ruling; § 97-37-31 is still on the books. I found no Mississippi restriction on SBRs, SBSs and AOWs, so the ATF letter does not appear to matter for them at the state level.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. On October 12, 2026 the Mississippi Attorney General said in an official statement that ATF Form 4 for suppressors is voluntary for Mississippians too. The statute has not changed, the statement does not mention Form 1, and the Attorney General plans to ask the 2027 Legislature to fix the wording.

Analysis

I found no Mississippi registration or licensing scheme of its own for NFA items and no ban on possession of SBRs, SBSs or AOWs. The only provision touching short-barreled long guns is the concealed-carry statute, § 97-37-1, which penalizes carrying a rifle under 16 inches or a shotgun under 18 inches concealed on the person, with a subsection (2) exception for persons over eighteen in their home, place of business, associated real property or any motor vehicle, and a separate subsection (3) exception for legitimate weapon-related sports activity and travel to or from it. Ownership and manufacture are not addressed. AOWs are not mentioned. On the text found, none of these three categories depends on federal status.

Suppressors are different. Section 97-37-31 makes it a misdemeanor (fine up to $500, up to 30 days in county jail) to make, sell or possess a suppressor if one is "not duly authorized under federal law." This is a federal compliance exception: it does not mention the NFA, registration or a tax stamp. The state registration requirement was deleted in 2016. Section 97-37-1 also lists "any muffler or silencer" among items whose concealed carry is an offense, subject to the same exceptions.

Interpretation (not statutory text): "authorized under federal law" is naturally read as "permitted by federal law." Before Oct. 9, 2026 that meant an approved Form 1 or Form 4. ATF's Oct. 9 letter is enforcement discretion and the NFA statutes remain. On Oct. 12, 2026 the Mississippi Attorney General issued an official statement concluding that, given ATF's decision and Mississippi's statutes, "ATF Form 4 for suppressors is voluntary for Mississippians as well," and that the operative words "duly authorized under federal law" would "also make use of Form 4 voluntary in Mississippi." That is the state's chief legal officer reading the exception as covering a suppressor acquired without a Form 4. Three limits are worth knowing. The statement speaks of Form 4 (transfers) and does not mention Form 1 (making a suppressor). It is a press statement, not a statute or a court decision, and it does not say it binds district attorneys or courts. And the statement itself says ATF's position "can easily be reversed by future Administrations" and that the Attorney General will ask the 2027 Legislature to remove the reference to federal law. The § 97-37-31 offense quoted here is a misdemeanor; the separate concealed-carry offense in § 97-37-1 carries different penalties and, per the same statement, still makes concealed carry of a silencer punishable.

Statutory text

Miss. Code Ann. § 97-37-31 - Silencers (as last amended by 2016 Miss. Laws, SB 2313)

Source: advance.lexis.com/container?config=00JAAzNzhjOTYxNC0wZj… (retrieved 2026-10-13; current with legislation from the 2026 Regular and First Extraordinary Sessions)

The Code page's table-of-contents title reads "Silencers on firearms; manufacture, sale, possession or use unlawful [For contingent repeal of this section, see Editor's Notes]"; the official code still prints the section in full, with that flag, as of 2026-10-13. The official page for § 97-37-1, which the same 2023 act amends on the same condition, is headed "Until the date that the conditions described in Section 7 of Chapter 461, Laws of 2023, have been met, this section shall read as follows," so the official code continues to display the pre-condition text. That is consistent with the repeal not being in effect, and the Attorney General's Oct. 12, 2026 statement treats § 97-37-31 as operative. The public edition of the code does not display the Editor's Notes themselves. History: Laws 2000 ch. 496; 2015 ch. 433 § 3; 2016 ch. 344 § 1 (approved Apr. 5, 2016). HB 912 (2023) would repeal it only on a contingency; see Related provisions. Enrolled 2016 bill: billstatus.ls.state.ms.us/documents/2016/html/SB/2300-2…; 2026 history page billstatus.ls.state.ms.us/2026/pdf/code_sections/097/00… shows only SB2316 died in committee.

97-37-31. It shall be unlawful for any person, persons, corporation or manufacturing establishment, not duly authorized under federal law, to make, manufacture, sell or possess any instrument or device which, if used on firearms of any kind, will arrest or muffle the report of the firearm when shot or fired. Any person violating this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than thirty (30) days, or both.

Note: the 2016 act struck the earlier sentences requiring all such devices to be registered with the Department of Public Safety (and law-enforcement annual inventory).

Miss. Code Ann. § 97-37-1 - Carrying concealed weapons (text as it stands before the contingent HB 912 amendment)

Source: lexisnexis.com/hottopics/mscode/ (retrieved 2026-10-13; current with legislation from the 2026 Regular and First Extraordinary Sessions)

The Code page carries the notice "This section has more than one version with varying effective dates" and the heading "[Until the date that the conditions described in Section 7 of Chapter 461, Laws of 2023, have been met, this section shall read as follows. See Editor's note.]" The text below is that currently operative version (subsections (1)(a)-(d) summarized in the penalty note). The 2023 ch. 461 § 5 version (which would strike "slingshot" and the silencer clause) takes effect only on the contingency.

97-37-1. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed on or about one's person, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall, upon conviction, be punished as follows: [...]

(2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

(3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. [...]

(4) For the purposes of this section, "concealed" means hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible [...]

(The words "slingshot" and "or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm," are struck by HB 912 Section 5, which takes effect only on its contingency.) Penalties per (1)(a)-(d): first offense fine $100-$500 and/or up to 6 months jail; second offense fine plus 30 days-6 months; third or subsequent 1-5 years; prior felon 1-10 years.

Related provisions

  • HB 912 (2023), "Firearm suppressors; authorizing manufacture and possession in Mississippi and prohibit enforcement of federal laws governing" (approved by Governor 04/13/2023): Mississippi-made suppressors "not subject to federal law or federal regulation," "Made in Mississippi" stamp, bar on state and local enforcement of federal suppressor rules, and repeal of § 97-37-31 plus deletion of the silencer clause in § 97-37-1. Section 7: takes effect only after the U.S. Supreme Court rules for Texas in an appeal of the case the act calls "Paxton et al v. Richardson (4:22-cv-00143)" in the Northern District of Texas, or ten days after the Mississippi Attorney General publishes in the administrative bulletin a determination that the U.S. Supreme Court has rendered binding precedent making it reasonably probable that the act would be upheld as constitutional. Source: billstatus.ls.state.ms.us/documents/2023/html/HB/0900-0…. I found no Supreme Court ruling or Attorney General publication meeting that condition. The official code, current through the 2026 sessions, still prints § 97-37-31 in full and still displays the pre-condition version of § 97-37-1, and the Attorney General's Oct. 12, 2026 statement treats both sections as in force and says amendments will be sought in 2027. All of that is consistent with the repeal not being in effect.
  • § 11-1-67 (state-exclusive authority to sue firearm/silencer makers) referenced in HB 912.
  • No state assault-weapon law found.

Post-ruling guidance and recent legislation

  • Mississippi Attorney General, "Statement by Attorney General Lynn Fitch on Suppressors Under Mississippi Law," official statement, Oct. 12, 2026: attorneygenerallynnfitch.com/2026/10/12/statement-by-at… (retrieved 2026-10-13). It says "it is our opinion that ATF Form 4 for suppressors is voluntary for Mississippians as well," that Mississippi "was one of 15 states in which registration requirements became ambiguous" after the court ruling, that ATF's position "can easily be reversed by future Administrations," and that the Attorney General will seek 2027 legislation to "eliminate the reference to federal law" and to amend § 97-37-1. It does not mention Form 1 and does not address Mississippi's treatment of SBRs, SBSs or AOWs.
  • 2026 Regular Session: SB 2316, "Silencers; clarify legality of making, manufacturing, selling or possessing," died in committee 03/03. Source: billstatus.ls.state.ms.us/2026/pdf/code_sections/097/00…
  • Sept. 4, 2026: Mississippi's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Mississippi law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Missouri

Suppressors: Unsettled

Short answer for Missouri: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. The answer for suppressors, SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (offense only if "in violation of federal law")Federal compliance
SBRUnsettledRestricted, with an exception (offense only if "in violation of federal law")Federal compliance
SBSUnsettledRestricted, with an exception (offense only if "in violation of federal law")Federal compliance
AOWNo item-specific restriction foundNot separately restricted by state law (only "gas gun" / "explosive weapon" definitions could reach some devices)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — The state offense turns on whether the item is "in violation of federal law." The NFA statutes remain on the books and ATF's letter is only an enforcement-discretion policy, so whether an unregistered item is still "in violation of federal law" is an open textual question; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. The statute never mentions registration or the NFRTR.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Missouri, the exception for suppressors, SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Missouri has no state licensing or registration scheme. Section 571.020.1(6) makes it a class D felony to knowingly possess, manufacture, transport, repair or sell a machine gun, short-barreled rifle or shotgun, or firearm silencer "in violation of federal law." The qualifier is in the offense definition itself, not a separate exception. Possession that complies with federal law is therefore outside the offense. The wording is federal compliance, not federal registration: it does not mention the NFA, registration, the NFRTR or a tax stamp.

For an unregistered suppressor, SBR or SBS after the Oct. 9 ATF letter, the text does not settle the question. One reading: the NFA registration and transfer provisions are still statutes, so an unregistered item is still "in violation of federal law" even though ATF will not enforce them. That keeps the Missouri offense alive. The other reading: the item is not being treated as a violation by the agency that administers the law. This reading is supported by the Silencer Shop Foundation injunction, though that injunction covers only the plaintiffs and the members and customers it names, and by the letter's non-enforcement policy. The phrase "in violation of federal law" does not say whether it means de jure illegality or enforceable illegality. That is an interpretation and not something the text answers, and the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. A prosecutor, not ATF, decides state charges.

AOWs are not named in the state statute. The only possibly relevant bans are "gas gun" and "explosive weapon", which are unlikely to reach typical AOWs. Penalty for the covered items is a class D felony. Machine guns and destructive devices are unaffected by the ATF letter. A destructive device is probably reached through the "explosive weapon" definition, whose federal-conformity exception is narrow.

Statutory text

Mo. Rev. Stat. § 571.020 — Possession, manufacture, transport, repair, sale of certain weapons a crime; exceptions; penalties

Source: revisor.mo.gov/main/OneSection.aspx?section=571.020 (retrieved 2026-10-12; version "Effective 01 Jan 2017", history through A.L. 2016 H.B. 2332; no later amendment shown, though the revisor site is updated only on effective dates)

1. A person commits an offense if such person knowingly possesses, manufactures, transports, repairs, or sells:

(1) An explosive weapon;

(2) An explosive, incendiary or poison substance or material with the purpose to possess, manufacture or sell an explosive weapon;

(3) A gas gun;

(4) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm; or

(5) Knuckles; or

(6) Any of the following in violation of federal law:

(a) A machine gun;

(b) A short-barreled rifle or shotgun;

(c) A firearm silencer; or

(d) A switchblade knife.

2. A person does not commit an offense pursuant to this section if his or her conduct involved any of the items in subdivisions (1) to (5) of subsection 1, the item was possessed in conformity with any applicable federal law, and the conduct:

(1) Was incident to the performance of official duty by the Armed Forces, National Guard, a governmental law enforcement agency, or a penal institution; or

(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in subdivision (1) of this section; or

(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; or

(4) Was incident to displaying the weapon in a public museum or exhibition; or

(5) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance.

3. An offense pursuant to subdivision (1), (2), (3) or (6) of subsection 1 of this section is a class D felony; a crime pursuant to subdivision (4) or (5) of subsection 1 of this section is a class A misdemeanor.

Mo. Rev. Stat. § 571.010 — Definitions (selected)

Source: revisor.mo.gov/main/OneSection.aspx?section=571.010 (retrieved 2026-10-12; version effective 28 Aug 2024)

(9) "Firearm silencer", any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm;

(14) "Machine gun", any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger;

(18) "Short barrel", a barrel length of less than sixteen inches for a rifle and eighteen inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six inches;

"Explosive weapon", any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon. [...]

"Gas gun", any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance;

("Explosive weapon" is subdivision (7), "firearm silencer" (9), "gas gun" (10), "machine gun" (14), "short barrel" (18). "Short-barreled rifle/shotgun" is not separately defined in § 571.010; "short barrel" is defined as above, which tracks federal lengths.)

Mo. Rev. Stat. § 21.750 — Firearms preemption (selected)

Source: revisor.mo.gov/main/OneSection.aspx?section=21.750 (retrieved 2026-10-12; effective 28 Aug 2014)

1. The general assembly hereby occupies and preempts the entire field of legislation touching in any way firearms, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any political subdivision of this state. [...]

Mo. Rev. Stat. § 1.420 — Federal laws deemed infringements (Second Amendment Preservation Act)

Source: revisor.mo.gov/main/OneSection.aspx?section=1.420 (retrieved 2026-10-12; effective 12 Jun 2021)

The following federal acts, laws, executive orders, administrative orders, rules, and regulations shall be considered infringements [...] including, but not limited to: (1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition [...]; (2) Any registration or tracking of firearms, firearm accessories, or ammunition; [...]

Related provisions

  • Preemption: Mo. Rev. Stat. § 21.750 (field preemption of local firearms regulation).
  • Short-barrel definition in § 571.010 uses 16 in. rifle barrel, 18 in. shotgun barrel, 26 in. overall, matching federal lengths.
  • Second Amendment Preservation Act, §§ 1.410 and following, including § 1.420 quoted under Statutory text.
  • Missouri Firearms Freedom Act / made-in-state suppressor exemption: I did not locate a current statute. § 571.020 on the revisor site still shows a 2017 version.

Post-ruling guidance and recent legislation

  • Missouri AG Catherine Hanaway filed Marshak v. ATF (E.D. Mo., Sept. 2026) challenging NFA registration for suppressors and SBRs: ago.mo.gov/attorney-general-hanaway-sues-atf-to-defend-… . The press release addresses federal requirements only and says nothing about Missouri state law. Status after the Oct. 9 letter is unknown.
  • HB 1730 (2026), sponsored by Rep. Mike Costlow, passed the House 95-44 in April 2026. It would permit possession, manufacture, transport, repair and sale of suppressors and exempt Missouri-made, Missouri-kept suppressors from federal law, and would preempt local restrictions: stlpr.org/government-politics-issues/2026-04-09/gun-sup… . I found no evidence it passed the Senate. § 571.020 shows no amendment since 2017.
  • No Missouri AG, State Highway Patrol or other state agency statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Missouri law).
  • Sept. 4, 2026: Missouri's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Missouri law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Montana

Suppressors: Registration or other requirements apply

Short answer for Montana: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs. For suppressors, Montana punishes possession with a criminal purpose, and treats possession of one that is not registered under federal law as evidence of that purpose.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (no standalone possession ban; possession of a silencer "not registered under federal law" is prima facie evidence of criminal purpose; AG reads this as felony exposure)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (only "sawed-off" modified rifles are covered; exempt if holder has "a valid federal tax stamp")Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (same; modified shotguns; tax-stamp exemption)Federal registration
AOWNo item-specific restriction foundNo Montana statute found that restricts AOWs as a classNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear (leaning risky) — Both operative provisions key to federal registration/stamp ("not registered under federal law"; "valid federal tax stamp"), and the Montana AG has publicly said the federal ruling does not clearly protect non-plaintiff owners. Nothing in the text says ATF non-enforcement counts as registration.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Montana, the sawed-off firearm exception requires a valid federal tax stamp, and possessing a suppressor that is not registered under federal law is treated as evidence of criminal purpose. ATF's non-enforcement policy does not supply a registration.

Analysis

Suppressors: Montana does not make plain possession a crime. Section 45-8-336 punishes possessing, making, transporting, buying or selling a silencer only with a purpose to commit an offense (5-30 years / $1,000-$20,000). Section 45-8-337 then says that possessing a silencer "not registered under federal law" is prima facie evidence of that purpose. The exception is therefore a registration-type hook: registered silencers carry no presumption; unregistered ones do. The AG describes this as felony exposure; that is the Attorney General's interpretation, and the text is a rebuttable presumption, not a standalone ban.

SBR/SBS: Section 45-8-340 reaches only rifles or shotguns originally made at or above the length minimums and later shortened. Exempt if the holder "has a valid federal tax stamp for the firearm." On its face, a factory/purpose-built short rifle (or a pistol converted to an SBR) is not within (1) on one reading, though that is my reading and a court could read it differently, so the cautious assumption is that such an item is not safe from this section until a court or the state attorney general says otherwise. Penalty is a misdemeanor on first offense, up to 5 years with priors.

AOW: no Montana provision found that regulates them.

Post-letter: the text asks for a "valid federal tax stamp" and for registration "under federal law." Under the $0 tax and ATF's non-enforcement policy, an item may have neither. Whether a $0 approved Form 1/4 counts as a "tax stamp" is untested. A purely text-based reading says unregistered items fall outside the exceptions; the AG's guidance agrees. Prosecutorial risk is real. The cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise.

Statutory text

Mont. Code Ann. § 45-8-336 — Possession of silencer

Source: mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025; Legislature notes printed code prevails; 2027 session amendments not yet reflected)

45-8-336. Possession of silencer. (1) A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose.

(2) A person convicted of the offense of possession of a silencer is punishable by imprisonment in the state prison for a term of not less than 5 years or more than 30 years or by a fine of not less than $1,000 or more than $20,000, or both.

Mont. Code Ann. § 45-8-337 — Possession of unregistered silencer or bomb: prima facie evidence of unlawful purpose

Source: mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025)

45-8-337. Possession of unregistered silencer or of bomb or similar device prima facie evidence of unlawful purpose. Possession of a silencer that is not registered under federal law or of a bomb or similar device charged or filled with one or more explosives is prima facie evidence of a purpose to use the same to commit an offense.

Mont. Code Ann. § 45-8-340 — Sawed-off firearm

Source: mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025)

45-8-340. Sawed-off firearm -- penalty. (1) A person commits the offense of possession of a sawed-off firearm if the person knowingly possesses a rifle or shotgun that when originally manufactured had a barrel length of:

(a) 16 inches or more and an overall length of 26 inches or more in the case of a rifle; or

(b) 18 inches or more and an overall length of 26 inches or more in the case of a shotgun; and

(c) the firearm has been modified in a manner so that the barrel length, overall length, or both, are less than specified in subsection (1)(a) or (1)(b).

(2) The barrel length is the distance from the muzzle to the rear-most point of the chamber.

(3) This section does not apply to firearms possessed:

(a) by a peace officer of this state or one of its political subdivisions;

(b) by an officer of the United States government authorized to carry weapons;

(c) by a person in actual service as a member of the national guard;

(d) by a person called to the aid of one of the persons named in subsections (3)(a) through (3)(c);

(e) for educational or scientific purposes in which the firearms are incapable of being fired;

(f) by a person who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, firearms and explosives; or

(g) by a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900.

(4) A person convicted of the offense of possession of a sawed-off firearm shall be fined not less than $200 or more than $500 or be imprisoned in the county jail for not less than 5 days or more than 6 months, or both, upon a first conviction. If a person has one or more prior convictions under this section or one or more prior felony convictions under a law of this state, another state, or the United States, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.

Mont. Code Ann. § 87-6-401(1)(c), (2) — Silencers while hunting

Source: mca.legmt.gov/bills/mca/title_0870/chapter_0060/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025; history ends amd. Sec. 17, Ch. 552, L. 2021)

(1) A person may not: [...]

(c) while hunting, use any device or mechanism devised to silence, muffle, or minimize the report of any firearm, whether the device or mechanism is operated from or attached to any firearm. This subsection (1)(c) does not prohibit the use of a device or mechanism registered with the bureau of alcohol, tobacco, firearms and explosives to silence, muffle, or minimize the report of a firearm when hunting wildlife. [...]

(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. [...]

Mont. Code Ann. § 30-20-103(2) — Montana Firearms Freedom Act, definition

Source: mca.legmt.gov/bills/mca/title_0300/chapter_0200/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025)

30-20-103(2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

Mont. Code Ann. § 30-20-104 — Montana Firearms Freedom Act, prohibitions

Source: mca.legmt.gov/bills/mca/title_0300/chapter_0200/part_00… (retrieved 2026-10-12; Montana Code Annotated 2025)

30-20-104. Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. [...]

Related provisions

  • Hunting with suppressors: Section 87-6-401(1)(c) bars a hunter from using a device to "silence, muffle, or minimize the report of any firearm," but says this "does not prohibit the use of a device or mechanism registered with the bureau of alcohol, tobacco, firearms and explosives." Penalty is a fine of $50 to $1,000 and/or up to 6 months in the county detention center, plus possible loss of hunting privileges. The former ban, 87-3-123, is "Repealed. Sec. 120, Ch. 258, L. 2011" (mca.legmt.gov/bills/mca/title_0870/chapter_0030/part_00…; retrieved 2026-10-12; Montana Code Annotated 2025). My reading is that a hunter with an unregistered suppressor is outside the exception, so I would not hunt with one.
  • Local preemption: Section 45-8-351(1) says a county, city, town or other local government "may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer ..., ownership, possession, transportation, use, or unconcealed carrying of any weapon" (mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_00…; retrieved 2026-10-12; Montana Code Annotated 2025).
  • Firearms Freedom Act, 30-20-101 et seq., covers "sound suppressors" made and kept in Montana (text under Statutory text). It is a legislative declaration; nothing in it amends 45-8-336, -337 or -340, and I would not rely on it.
  • Chapters reviewed for the AOW row and for any other covering law: Title 45, ch. 8, part 3 (Weapons), every section from 45-8-301 through 45-8-377, including definitions 45-8-302 and 45-8-332, the destructive-device section 45-8-334, and 45-8-365 through 45-8-368 (which only bar state and local employees from helping enforce a federal firearms "ban" and do not themselves restrict any item); and Title 87, ch. 3, part 1 (repealed and remaining sections). The definitions in 45-8-302 and 45-8-332 do not define "short-barreled" or "any other weapon," and no section of the part regulates AOWs as a class.
  • No Montana assault-weapon or "copycat" law appears in the Weapons part; no state registration scheme for these items appears there either.

Post-ruling guidance and recent legislation

  • Montana AG Knudsen legal guidance on the Silencer Shop ruling, dated Aug. 27, 2026: dojmt.gov/attorney-general-knudsen-issues-legal-guidanc… (the AG's press release, published Aug. 27, 2026). The press release itself reads, verbatim: "Under Montana law, possession of an unregistered silencer remains a felony punishable by five to 30 years in prison and up to $20,000 in fines. Additionally, Montana law only exempts 'sawed-off firearms' or SBS from prosecution if the owner holds a valid federal tax stamp ... Montana law still requires suppressors to be registered with the ATF if used for hunting." Summary: unregistered silencer possession remains a felony (5-30 years, up to $20,000); sawed-off exemption depends on a valid federal tax stamp; hunting use still requires federal registration.
  • The guidance letter itself (Attorney General to Montana prosecutors, county sheriffs and chiefs of police, Aug. 27, 2026): content.govdelivery.com/attachments/MTAG/2026/08/27/fil…. It says the federal injunction "ONLY applies to" the plaintiffs and members of the plaintiff groups, and that such a person "could still be subject to felony prosecution under Montana law for possessing, manufacturing, or transferring that same silencer," with the same point made for short-barreled rifles and shotguns. On hunting: "Montana law still requires NFA registration to hunt with a suppressor." It also tells law enforcement that investigations under §§ 45-8-336, 45-8-337 and 45-8-340 "may be tenuous given the current legal environment," and asks city and county attorneys to submit such cases to the Department of Justice Prosecution Services Bureau "for review and advisement before any charges under the same statutes are formally filed." The letter predates the Oct. 9, 2026 ATF Open Letter and does not address it. It asks for review before charging; it does not say charges will not be brought, so I would not read it as protection for anyone holding an unregistered item.
  • Montana Shooting Sports Association (Gary Marbut), May 26, 2025: mtssa.org/suppressor-update/ . Said MSSA will bring a 2027 bill to repeal 45-8-337.
  • No AG statement on the Oct. 9, 2026 ATF Open Letter found as of 2026-10-12.
  • 2025-2026 amendments: none found to 45-8-336, -337, -340 (MCA 2025 shows histories ending 2009/1999/2017).
  • Sept. 4, 2026: Montana's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Montana law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Case law and AG opinions

  • Montana AG legal guidance, Aug. 27, 2026 — dojmt.gov/attorney-general-knudsen-issues-legal-guidanc…. The press release states that possession of an unregistered silencer remains a felony and that the sawed-off exemption needs a valid federal tax stamp. This is guidance, not a formal AG opinion.

Net effect: The AG's guidance reads the state text strictly against unregistered holders, though it is non-binding; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Nebraska

Suppressors: No item-specific restriction found

Short answer for Nebraska: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction foundNone needed
SBRUnsettledRestricted, with an exception (possession is a Class IV felony unless "qualified under the provisions of federal law relating to the short rifle")Federal compliance (wording ambiguous; may be read as federal registration)
SBSUnsettledRestricted, with an exception (same as SBR)Federal compliance (wording ambiguous; may be read as federal registration)
AOWNo item-specific restriction foundNo state restriction found (not named in the Nebraska statute)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBRs and SBSs; No state restriction found for suppressors and AOWs. The SBR/SBS exception turns on whether a person is "qualified under the provisions of federal law," a phrase that does not name registration. Whether an unregistered person is "qualified" under federal law while ATF declines to enforce the registration requirements, which remain in federal law, is untested; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Nebraska, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Nebraska has no statute (that I found) that mentions silencers or suppressors, and none that mentions "any other weapons" as a category. So I found no state regulation of those two categories; this is based on 28-1201 and 28-1203, not a search of the whole code.

The only relevant prohibition is 28-1203(1): possessing or transporting a machine gun, short rifle, or short shotgun is a Class IV felony. "Short rifle" and "short shotgun" are defined by state-law barrel and overall lengths (rifle under 16 in. barrel or under 26 in. overall; shotgun under 18 in. barrel or under 26 in. overall), parallel to the federal SBR/SBS definitions. A pistol-type firearm is not covered by this section, so many AOWs are outside it.

The exception in 28-1203(2) covers "persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun." This is what the text says. It does not use the words "registered," "NFRTR," or "tax stamp." That puts it nearer to federal compliance than federal registration, but "qualified under" could be read to mean "has complied with the NFA's registration and approval process." My interpretation: ATF said on Oct. 9, 2026 that it will not enforce the registration requirement for SBRs/SBSs, but the requirement remains in federal law. One reading is that nothing disqualifies an unregistered holder, and the counter-reading is that the statutes remain on the books and a person is "qualified" only by having met them; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Penalty: Class IV felony. The statute is old (1978), so no drafter contemplated enforcement discretion.

Statutory text

Neb. Rev. Stat. 28-1203 - Transportation or possession of machine guns, short rifles, or short shotgun; penalty; exception

Source: nebraskalegislature.gov/laws/statutes.php?statute=28-12… (retrieved 2026-10-12; page shows no currency date; its source line lists only Laws 1977, LB 38, § 235 and Laws 1978, LB 748, § 17, so the section appears unamended since 1978)

(1) Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.

(2) The provisions of this section shall not be held to prohibit any act by peace officers, members of the United States armed services, or members of the National Guard of this state, in the lawful discharge of their duties, or persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun.

Neb. Rev. Stat. 28-1201 - Definitions (operative definitions only)

Source: nebraskalegislature.gov/laws/statutes.php?statute=28-12… (retrieved 2026-10-12; no "current through" date shown; its source line lists amendments through Laws 2024, LB1329, § 1)

(3) Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon; [...]

(10) Machine gun means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger; [...]

(15) Short rifle means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches; and

(16) Short shotgun means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches.

Not quoted: the definition of "handgun" (28-1201(5)) is irrelevant to NFA items except for 28-1204 (under-18 possession), which does not do NFA work.

Related provisions

  • Hunting with suppressors: no state prohibition found; Game and Parks regulations are outside this guide.
  • Firearms Freedom Act / made-in-state suppressor law: not located.
  • Preemption: Neb. Rev. Stat. 69-2425 only says city or village ordinances existing on Sept. 6, 1991 are not preempted by 69-2401 to 69-2425. Local ordinances (e.g., Omaha, Lincoln) may add restrictions.
  • State assault-weapon law: none found.
  • Handgun possession by under-18s: 28-1204 (not NFA-specific).

Post-ruling guidance and recent legislation

  • No Nebraska attorney general, State Patrol, or other state agency statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter found. None found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Nebraska law).
  • No 2025-2026 amendment to 28-1203 found; the statute page shows no amendment since 1978.
  • Sept. 4, 2026: Nebraska's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Nebraska law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Nevada

Suppressors: Unsettled

Short answer for Nevada: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to SBRs and SBSs. The answer for suppressors is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (NRS 202.350(1)(b): banned "unless authorized by federal law"; subsec. 6 exempts persons "licensed, authorized or permitted ... pursuant to federal law")Federal compliance
SBRRegistration or other requirements applyRestricted, with an exception (felony unless licensed, or "registered with the United States Department of the Treasury", or collector/curio)Federal registration
SBSRegistration or other requirements applySame as SBRFederal registration
AOWNo item-specific restriction foundNo Nevada provision found targeting AOWs; not restricted by NRS 202.275 or 202.350 (concealed-carry rules for firearms generally apply)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — SBRs/SBSs are on the text most likely illegal under state law (exception requires registration with Treasury, or an FFL/collector/C&R status), a category D felony. Suppressors turn on whether an unregistered item, while ATF declines to enforce the registration requirements that remain in federal law, is "authorized by federal law" or "permitted ... pursuant to federal law"; the text does not name registration, so it can be read either way; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Nevada, federal registration is a stated condition of the exception for SBRs and SBSs; ATF's non-enforcement policy does not supply a registration. In Nevada, the exception for suppressors turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Nevada does not license or register NFA items itself; it piggybacks on federal status, in two different ways.

Suppressors and machine guns (NRS 202.350(1)(b)): banned "unless authorized by federal law", with subsection 6 exempting anyone "licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law." The wording is federal compliance, not registration-specific, but the burden of proving the federal authorization is on the possessor. Whether a suppressor that federal law still technically requires registering, but that ATF has announced it will not enforce against, is "authorized" or "permitted" under federal law is an open interpretive question; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Penalty for violation is a category C felony.

SBRs and SBSs (NRS 202.275): possession, manufacture or disposal is a category D felony, with exceptions for peace officers, Treasury-licensed importers/manufacturers/collectors/dealers, a "person to whom such a rifle or shotgun is registered with the United States Department of the Treasury", and C&R/collectors-item firearms. This is a registration-type exception. On its plain text, an unregistered SBR held by an ordinary civilian after Oct. 9, 2026 does not fit it, so state law likely still prohibits it. The definition is Nevada's own (16-inch rifle barrel, 18-inch shotgun barrel, 26-inch overall) and does not reference the NFA. My reading, not the text, is that the "registered" exception is narrower than the suppressor one.

AOWs: the weapons sections of NRS chapter 202 (NRS 202.253 to 202.369) contain no provision that restricts them as such. The only general rules that reach them are the concealed-carry rules for firearms.

Statutory text

NRS 202.275 — Possession, manufacture or disposition of short-barreled rifle or short-barreled shotgun

Source: leg.state.nv.us/nrs/nrs-202.html (retrieved 2026-10-12; header "Rev. 4/15/2026 11:33:45 AM--2025", i.e. current through the 2025 session)

1. Except as otherwise provided in subsection 3, a person who knowingly or willfully possesses, manufactures or disposes of any short-barreled rifle or short-barreled shotgun is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. For purposes of this section:

(a) Short-barreled rifle means:

(1) A rifle having one or more barrels less than 16 inches in length; or

(2) Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.

(b) Short-barreled shotgun means:

(1) A shotgun having one or more barrels less than 18 inches in length; or

(2) Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.

3. This section does not prohibit:

(a) The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties;

(b) The possession of any short-barreled rifle or short-barreled shotgun by a person who is licensed as a firearms importer, manufacturer, collector or dealer by the United States Department of the Treasury, or by a person to whom such a rifle or shotgun is registered with the United States Department of the Treasury; or

(c) The possession of any short-barreled rifle or short-barreled shotgun that has been determined to be a collectors item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44.

(Added to NRS by 1977, 879; A 1979, 1434; 1991, 1136; 1995, 1206; 2005, 64)

NRS 202.350 — Manufacture, importation, possession or use of dangerous weapon or silencer (operative parts)

Source: leg.state.nv.us/nrs/nrs-202.html (retrieved 2026-10-12; header "Rev. 4/15/2026 11:33:45 AM--2025", i.e. current through the 2025 session)

1. Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, a person within this State shall not: [...]

(b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law; [...]

2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of: [...]

(b) Paragraph (b) of subsection 1 or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130. [...]

6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission. [...]

8. As used in this section: [...]

(g) Silencer means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

NRS 202.253 — Definitions (partial)

Source: leg.state.nv.us/nrs/nrs-202.html (retrieved 2026-10-12; header "Rev. 4/15/2026 11:33:45 AM--2025", i.e. current through the 2025 session)

5. Firearms importer or manufacturer means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44.

6. Machine gun means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger. [...]

The section also defines "firearm" and "firearm capable of being concealed upon the person" (barrel under 12 inches). It contains no definition of "any other weapon" or "destructive device".

NRS 244.364 — State preemption of firearm regulation (county; parallel statutes exist for cities)

Source: leg.state.nv.us/nrs/nrs-244.html (retrieved 2026-10-12; header "Rev. 4/15/2026 11:46:14")

1. The Legislature hereby declares that: [...] (b) The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void. [...]

Cities have a parallel provision, NRS 268.418 (leg.state.nv.us/nrs/nrs-268.html, retrieved 2026-10-12; header "Rev. 9/9/2026 11:37:25"), which uses the same language, and both define "firearm accessories" to include "[a]ttachments or devices specifically designed or adapted to be inserted into or affixed on a firearm to enable, alter or improve the functioning or capability of the firearm."

Related provisions

  • Chapters reviewed: the weapons sections of NRS chapter 202 (table of contents, "Dangerous Weapons and Firearms", NRS 202.253 to 202.369), plus a search of NRS chapters 193, 201, 202, 207, 244, 266, 268, 453 and 503 and of NAC chapter 503 for "silencer", "suppressor", "muffler", "short-barreled", "sawed-off" and "short barrel". The only hits are NRS 202.275 and NRS 202.350 (NRS 202.253 defines the surrounding terms).
  • NRS 244.364 (counties) and NRS 268.418 (cities): state preemption of local firearm and "firearm accessories" regulation, quoted above.
  • NRS 202.350 also covers concealed carry of firearms (permit scheme in NRS 202.3653 et seq.); not NFA-specific.
  • NRS 202.274 (category D felony) covers devices, parts and modified semiautomatic firearms that eliminate the need for a separate trigger function and materially increase the rate of fire or approximate a machine gun. It does not mention suppressors or short barrels.
  • NRS 202.253 and NAC chapter 503 contain no suppressor or silencer provision, so Nevada's hunting rules do not separately address hunting with a suppressor; NRS 202.350 is the operative rule.
  • No Nevada "Firearms Freedom Act" or made-in-state suppressor statute appears in these chapters.
  • No Nevada assault-weapon ban catching SBRs or SBSs appears in these chapters.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 from the Nevada AG, DPS or legislature on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter. Nevada's Legislature meets in odd years; the NRS chapter 202 header shows the 2025 session as the latest.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

New Hampshire

Suppressors: No item-specific restriction found

Short answer for New Hampshire: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction foundNone needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found (as to state law) - New Hampshire has no statute found that bans or licenses these items or conditions them on NFA registration, so the state-law question does not turn on registration. Federal NFA statutes remain unrepealed; ATF is exercising enforcement discretion only.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in New Hampshire that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

I did not find any New Hampshire statute that separately prohibits possessing suppressors, SBRs, SBSs or AOWs, or that licenses or registers them as such. RSA 159:1 does define "pistol or revolver" for that chapter as "any firearm with barrel less than 16 inches in length" (source: gc.nh.gov/rsa/html/XII/159/159-1.htm , retrieved 2026-10-13), so the chapter's pistol rules can apply to some short firearms. RSA 159 ("Pistols and Revolvers") contains no NFA-type provisions; its section list (gc.nh.gov/rsa/html/XII/159/ - TOC at gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-159.htm) shows only felon, license-to-carry, sale, and misc. weapon rules, plus RSA 159:16 (blackjack, slung shot, metallic knuckles - not NFA items). Because the state does not restrict these items, there is no federal-law exception (federal registration or federal compliance) whose wording needs interpretation. That is my interpretation, based on finding no such statute; general provisions such as the deadly-weapon definition in RSA 625:11 and RSA 159:15 (possession while committing a violent crime) can still apply. Penalties: none specific to these items; felon-in-possession is a class B felony (RSA 159:3).

Statutory text

N.H. RSA 159:26 - Firearms, Ammunition, and Knives; Authority of the State (preemption)

Source: gc.nh.gov/rsa/html/XII/159/159-26.htm (retrieved 2026-10-12; page shows source "2003, 283:2. 2011, 139:1, eff. Aug. 6, 2011")

I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms or knives businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.

II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies, or knives shall be null and void.

N.H. RSA 159:3, I - Convicted Felons

Source: gc.nh.gov/rsa/html/XII/159/159-3.htm (retrieved 2026-10-12; page source line ends "2001, 189:1; 214:1, eff. Jan. 1, 2002")

I. A person is guilty of a class B felony if he: (a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11, V; and (b) Has been convicted in either a state or federal court [...] of: (1) A felony against the person or property of another; or (2) A felony under RSA 318-B; or (3) A felony violation of the laws of any other state [...] relating to controlled drugs as defined in RSA 318-B.

(Generally applicable prohibited-person law, not NFA-specific.)

Related provisions

  • RSA 159:26 - state preemption of local firearms regulation.
  • RSA 159:3 - felon in possession, class B felony.
  • RSA 159:16 - blackjack/slung shot/metallic knuckles misdemeanor (not NFA items).

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for an NH AG/State Police statement on the Aug. 5, 2026 ruling or Oct. 9 ATF letter.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

New Jersey

Suppressors: Prohibited under state law

Short answer for New Jersey: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: I found no AOW-specific statute, and many AOWs are caught as handguns or sawed-off items.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (knowing possession is a 4th-degree crime; narrow occupational exemptions)Banned
SBRProhibited under state lawBanned (a rifle with barrel under 16 in. or overall length under 26 in. falls within "sawed-off shotgun"; 3rd-degree crime)Banned
SBSProhibited under state lawBanned (sawed-off shotgun; 3rd-degree crime)Banned
AOWUnsettledUnclear / likely mostly banned or caught by other provisions (no AOW-specific statute found; many AOWs are handguns/pistol-grip firearms or "sawed-off" items)Banned (no federal-law exception found)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal - the NJ prohibitions on silencers and sawed-off shotguns (which includes SBRs) contain no exception tied to federal registration or compliance; the exemptions I could see are for military/law-enforcement/dealers/identified persons. The ATF letter does not change NJ law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in New Jersey: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

NJ makes knowing possession of any destructive device or sawed-off shotgun a third-degree crime and of any firearm silencer a fourth-degree crime, with no exception in subsections a-c keyed to federal NFA registration or federal lawfulness. The exemptions I saw (g) are for military members, antique cannons, and specifically identified persons (likely licensed/occupational), not for ordinary civilians holding federally approved items. The definition of "sawed-off shotgun" (2C:39-1o) sweeps in shotguns under 18 inches, rifles under 16 inches, and any rifle/shotgun-derived firearm under 26 inches overall, making SBRs and SBSs illegal regardless of NFA registration. 2C:39-9b/c also bar manufacture, transport and sale of both items and silencers, with no federal-law exception. The silencer definition is function-based (not tied to federal law). Because there is no federal-law hook, an item's NFA status (registered or not) does not affect NJ legality; the ATF Oct. 9 policy changes nothing at the state level. For AOWs it depends on the item. Section 2C:39-3(m) makes it a third-degree crime to knowingly possess a "covert firearm" as defined in 2C:39-1(hh), or "a firearm enclosed in a container or covering that is designed or modified to allow the firearm to be fired while so enclosed and that disguises or obscures the shape of the firearm such that it does not resemble a handgun, rifle, shotgun, or machine gun" (source: lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/2785/3… , retrieved 2026-10-13). Disguised AOWs such as pen or cane guns fall there. Other AOW configurations can be caught by the handgun permit rules, the assault-firearm definition or the sawed-off definition. This is interpretation, not legal advice.

Statutory text

N.J.S.A. 2C:39-3 - Prohibited weapons and devices

Source: pub.njleg.gov/statutes/STATUTES-TEXT.zip (retrieved 2026-10-12; official statutes file dated 10/10/2026)

a. Destructive devices. Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who knowingly has in his possession any sawed-off shotgun is guilty of a crime of the third degree.

c. Silencers. Any person who knowingly has in his possession any firearm silencer is guilty of a crime of the fourth degree.

[...]

g. Exceptions. (1) (a) Nothing in subsection a., b., c., d., e., f., j. or k. of this section shall apply to any member of the Armed Forces of the United States or the National Guard, or except as otherwise provided, to any law enforcement officer while actually on duty or traveling to or from an authorized place of duty, provided that his possession of the prohibited weapon or device has been duly authorized under the applicable laws, regulations or military or law enforcement orders. [...]

(4) Nothing in subsection a. of this section shall be construed to apply to antique cannons as exempted in subsection d. of N.J.S.2C:39-6.

(5) Nothing in subsection c. of this section shall be construed to apply to any person who is specifically identified in a special deer management permit issued by the Division of Fish and Wildlife to utilize a firearm silencer as part of an alternative deer control method implemented in accordance with a special deer management permit issued pursuant to section 4 of P.L.2000, c.46 (C.23:4-42.6), while the person is in the actual performance of the permitted alternative deer control method and while going to and from the place where the permitted alternative deer control method is being utilized. This exception shall not, however, otherwise apply to any person to authorize the purchase or possession of a firearm silencer.

N.J.S.A. 2C:39-1 - Definitions

Source: pub.njleg.gov/statutes/STATUTES-TEXT.zip (retrieved 2026-10-12; official statutes file dated 10/10/2026)

c. "Destructive device" means any device, instrument, or object designed to explode or produce uncontrolled combustion, including: [...] (3) any weapon capable of firing a projectile of a caliber greater than 60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; [...] (5) any center-fire rifle that is capable of firing a .50 BMG cartridge as defined in subsection mm. of this section. The provisions of this paragraph shall not apply to any antique firearm as defined in subsection a. of this section or any "curio or relic" as defined in 27 CFR 478.11.

g. "Firearm silencer" means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol, or other firearm.

i. "Machine gun" means any firearm, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt, or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism, or instrument and fired therefrom. The term also shall include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. A machine gun also shall include, without limitation, any firearm with a trigger crank attached.

o. "Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration or otherwise, if such firearm as modified has an overall length of less than 26 inches.

N.J.S.A. 2C:39-9 - Manufacture, transport, disposition

Source: pub.njleg.gov/statutes/STATUTES-TEXT.zip (retrieved 2026-10-12; official statutes file dated 10/10/2026)

a. Machine guns. Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any machine gun without being registered or licensed to do so as provided in chapter 58 of Title 2C of the New Jersey Statutes is guilty of a crime of the third degree.

b. Sawed-off shotguns. Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any sawed-off shotgun is guilty of a crime of the third degree.

c. Firearm silencers. Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any firearm silencer is guilty of a crime of the fourth degree.

N.J.S.A. 2C:39-5 and 2C:58-5 - Machine guns

Source: pub.njleg.gov/statutes/STATUTES-TEXT.zip (retrieved 2026-10-12; official statutes file dated 10/10/2026)

2C:39-5 a. Machine guns. Any person who knowingly has in his possession a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the second degree, except as provided in subsection 1. of N.J.S.2C:39-3.

2C:58-5 a. Any person who desires to purchase, possess and carry a machine gun or assault firearm in this State may apply for a license to do so by filing in the Superior Court in the county in which he resides, or conducts his business if a nonresident, a written application setting forth in detail his reasons for desiring such a license. [...]

b. No license shall be issued to any person who would not qualify for a permit to carry a handgun under section 2C:58-4, and no license shall be issued unless the court finds that the public safety and welfare so require. [...]

Machine-gun possession is therefore a second-degree crime unless the person holds a Superior Court license under 2C:58-5 (issued only on a finding that public safety and welfare require it; expires after two years, renewable).

Related provisions

  • Hunting with suppressors: there is no general exception for recreational hunting. Section 2C:39-3(g)(5) has a narrow exception for a person specifically identified in a special deer management permit.
  • No NJ made-in-state suppressor law found.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12. S3894 (2024-25) amends 2C:39-1/-3 re digital firearm instructions only; silencer and sawed-off text unchanged in it.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

New Mexico

Suppressors: No item-specific restriction found

Short answer for New Mexico: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found on possession; a sale is a firearm sale under § 30-7-7.1 (background check)None needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No item-specific state restriction found (no section of NMSA 1978 Chapter 30, Article 7 separately restricts possessing these items or ties any exception to federal law; the article's general rules, such as those on prohibited persons and concealed loaded carry, still apply), so the ATF letter does not appear to change state-law status. In Article 7 the provision that names silencers, § 30-7-7.1, regulates sales and has no NFA-registration exception. Federal statutes remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in New Mexico that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

I found no separate New Mexico rule on possessing suppressors, SBRs, SBSs or AOWs: no state ban, permit, registry, or definition of "silencer" or "short-barreled" firearm was found in Chapter 30, and consequently no exception keyed to NFA registration or federal compliance. In Article 7 the touchpoint is § 30-7-7.1, which treats a silencer as a "firearm" for the sale-background-check rule; it applies to sales, not to holding one. Generic provisions (concealed loaded carry of any firearm, prohibited persons, destructive-device definition for prohibited persons) do not turn on NFA registration. The cautious assumption is that a court or the state attorney general could still read the law differently, and that provisions outside Chapter 30 might apply.

Statutory text

I found no separate, item-specific prohibition on possessing suppressors, SBRs, SBSs or AOWs in NMSA 1978 Chapter 30, Article 7 (Weapons and Explosives). The article's general rules, such as those on prohibited persons and carrying, still apply.

N.M. Stat. Ann. ch. 30, art. 7 (Weapons and Explosives) - sections reviewed

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

Every section of Article 7 was reviewed: 30-7-1 (carrying a deadly weapon, defined), 30-7-2 (unlawful carrying of a deadly weapon), 30-7-2.1 (school premises), 30-7-2.2 (unlawful possession of a handgun by a person under nineteen), 30-7-2.3 (seizure and forfeiture of a handgun), 30-7-2.4 (university premises), 30-7-3 (licensed liquor establishments), 30-7-3.1 (weapon conversion device), 30-7-4 (negligent use of a deadly weapon), 30-7-4.1 (making a firearm accessible to a minor), 30-7-5 to 30-7-7 (explosives), 30-7-7.1 (sale without a background check), 30-7-7.2 (purchase or transfer for another), 30-7-7.3 (sale before waiting period), 30-7-8 (switchblades), 30-7-9 (repealed), 30-7-10 to 30-7-15 (short title, definitions, prohibitions, weapons detection, carrying and transporting weapons), 30-7-16 (certain persons), and 30-7-17 to 30-7-22 (explosives, hoax bombs). The Criminal Code definitions in § 30-1-12 were also reviewed. The words "silencer", "suppressor", "muffler", "short-barreled", "sawed-off" and "short barrel" were searched across all of Chapter 30. The only statutory text that uses "silencer" is § 30-7-7.1(C)(3) (below) and the Antiterrorism Act definition in § 30-20A-2(C). No section of Chapter 30 prohibits or regulates possession of a short-barreled rifle or shotgun. Section 30-7-2.2 uses a twelve-inch barrel measure only to define "handgun" for persons under nineteen. Sections of the NMSA outside Chapter 30 were not part of this review.

30-7-7.1. Unlawful sale of a firearm without a background check (definition of "firearm" in Subsection C).

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

A. Unlawful sale of a firearm without a background check consists of the sale of a firearm without conducting a federal instant background check, subject to the following: (1) if the buyer of a firearm is not a natural person, then each natural person who is authorized by the buyer to possess the firearm after the sale shall undergo a federal instant background check before taking possession of the firearm; (2) a prospective firearm seller who does not hold a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) shall arrange for a person who does hold that license to conduct the federal instant background check. A federal firearms licensee shall not unreasonably refuse to perform a background check pursuant to this paragraph; and (3) a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a) may charge a fee not to exceed thirty-five dollars ($35.00) for conducting a background check pursuant to this section. B. The provisions of Subsection A of this section do not apply to the sale of a firearm: (1) by or to a person who holds a current and valid federal firearms license issued pursuant to 18 U.S.C. Section 923(a); (2) to a law enforcement agency; (3) between two law enforcement officers authorized to carry a firearm and certified pursuant to federal law or the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; or (4) between immediate family members. C. As used in this section: (1) "consideration" means anything of value exchanged between the parties to a sale; (2) "federal instant background check" means a background check that meets the requirements of 18 U.S.C. Section 922(t) and that does not indicate that a sale to the person receiving the firearm would violate 18 U.S.C. Section 922(g) or 18 U.S.C. Section 922(n) or state law; (3) "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer; and includes any handgun, rifle or shotgun; but shall not include an antique firearm as defined in 18 U.S.C. Section 921(16), a powder-actuated tool or other device designed to be used for construction purposes, an emergency flare or a firearm in permanently inoperable condition; (4) "immediate family member" means a spouse, parent, child, sibling, grandparent, grandchild, great-grandchild, niece, nephew, first cousin, aunt or uncle; and (5) "sale" means the delivery or passing of ownership, possession or control of a firearm for a fee or other consideration, but does not include temporary possession or control of a firearm provided to a customer by the proprietor of a licensed business in the conduct of that business. D. Each party to an unlawful sale in violation of this section may be separately charged for the same sale. E. Each firearm sold contrary to the provisions of this section constitutes a separate offense under Subsection A of this section. F. Two or more offenses may be charged in the same complaint, information or indictment and shall be punished as separate offenses. G. Whoever violates the provisions of this section is guilty of a misdemeanor.

A "firearm" for this section includes "any firearm muffler or firearm silencer," so a sale of a suppressor between persons who are not licensed dealers, other than between immediate family members, falls under the background-check requirement (through a federal firearms licensee). It regulates sales, not possession, and has no NFA-registration exception. Rifles and shotguns are "firearms" under it regardless of barrel length.

30-7-3.1. Unlawful possession of a weapon conversion device; penalty.

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

A. Unlawful possession of a weapon conversion device consists of a person knowingly having in that person's possession an unlawfully obtained weapon conversion device or knowingly transporting an unlawfully obtained weapon conversion device. B. A person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony. C. As used in this section: (1) "fully automatic weapon" means a weapon that shoots, is designed to shoot automatically or can be readily restored to fire more than one cartridge or shell, without manual reloading, by a single function of the trigger; (2) "semiautomatic weapon" means a repeating rifle, shotgun or pistol, regardless of barrel or overall length, that uses a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round and that requires a separate function of the trigger to fire each cartridge or shell; and (3) "weapon conversion device" means a part or combination of parts designed and intended to convert a semiautomatic weapon into a fully automatic weapon.

This reaches auto-sear / conversion parts only, not suppressors, SBRs, SBSs or AOWs, and has no NFA-registration exception. Relevant to machine-gun conversion devices only.

N.M. Stat. Ann. 30-1-12 - "deadly weapon" definition (Criminal Code)

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted;

The definition has no barrel-length or silencer provision.

N.M. Stat. Ann. 30-7-2 - Unlawful carrying of a deadly weapon

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases: (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; (2) in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property; (3) by a peace officer in accordance with the policies of his law enforcement agency who is certified pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978]; (4) by a peace officer in accordance with the policies of his law enforcement agency who is employed on a temporary basis by that agency and who has successfully completed a course of firearms instruction prescribed by the New Mexico law enforcement academy or provided by a certified firearms instructor who is employed on a permanent basis by a law enforcement agency; or (5) by a person in possession of a valid concealed handgun license issued to him by the department of public safety pursuant to the provisions of the Concealed Handgun Carry Act [Chapter 29, Article 19 NMSA 1978]. B. Nothing in this section shall be construed to prevent the carrying of any unloaded firearm. C. Whoever commits unlawful carrying of a deadly weapon is guilty of a petty misdemeanor.

Applies to concealed loaded carry of any firearm; not specific to NFA items.

N.M. Stat. Ann. 30-7-16 - Firearms or destructive devices; prohibited persons

Source: nmonesource.com/nmos/nmsa/en/4371/1/document.do (retrieved 2026-10-12; Chapter 30 compilation of the current NMSA 1978 published on NMOneSource, document generated 9/15/2026; annotations show amendments through Laws 2025, no Laws 2026 amendment to this section)

A. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state: (1) a felon; (2) a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or (3) a person convicted of any of the following crimes: (a) battery against a household member pursuant to Section 30-3-15 NMSA 1978; (b) criminal damage to property of a household member pursuant to Section 30-3-18 NMSA 1978; (c) a first offense of stalking pursuant to Section 30-3A-3 NMSA 1978; or (d) a crime listed in 18 U.S.C. 921. B. A felon found in possession of a firearm shall be guilty of a third degree felony. C. A serious violent felon that is found to be in possession of a firearm shall be guilty of a third degree felony, and notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a basic term of six years imprisonment. D. Any person subject to an order of protection pursuant to Section 40-13-5 or 40- 13A-5 NMSA 1978 or convicted of a crime listed in Paragraph (3) of Subsection A of this section who receives, transports or possesses a firearm or destructive device is guilty of a misdemeanor. E. As used in this section: (1) except as provided in Paragraph (2) of this subsection, "destructive device" means: (a) any explosive, incendiary or poison gas: 1) bomb; 2) grenade; 3) rocket having a propellant charge of more than four ounces; 4) missile having an explosive or incendiary charge of more than one-fourth ounce; 5) mine; or 6) similar device; (b) any type of weapon by whatever name known that will, or that may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell that is generally recognized as particularly suitable for sporting purposes; or (c) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in this paragraph and from which a destructive device may be readily assembled; (2) the term "destructive device" does not include any device that is neither designed nor redesigned for use as a weapon or any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; (3) "felon" means a person convicted of a felony offense by a court of the United States or of any state or political subdivision thereof and: (a) less than ten years have passed since the person completed serving a sentence or period of probation for the felony conviction, whichever is later; (b) the person has not been pardoned for the felony conviction by the proper authority; and (c) the person has not received a deferred sentence; (4) "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon; and (5) "serious violent felon" means a person convicted of an offense enumerated in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L [N] of Section 33-2-34 NMSA 1978; provided that: (a) less than ten years have passed since the person completed serving a sentence or a period of probation for the felony conviction, whichever is later; (b) the person has not been pardoned for the felony conviction by the proper authority; and (c) the person has not received a deferred sentence and completed the total term of deferment as provided in Section 31-20-9 NMSA 1978. History: Laws 1981, ch. 225, § 1; 1987, ch. 202, § 1; 2001, ch. 89, § 1; 2018, ch. 74, § 4; 2019, ch. 253, § 1; 2020, ch. 54, § 2; 2022, ch. 56, § 26. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2025, ch. 79, § 4 and Laws 2025, ch. 29, § 1 amended 33-2-34 NMSA 1978, relettering subsections, effective June 20, 2025. The 2022 amendment, effective May 18, 2022, clarified the penalty for receipt, transportation or possession of a firearm or destructive device by a serious violent felon; in Subsection B, after "third degree felony", deleted "and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act"; added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and in Subsection E, added Paragraph E(5). The 2020 amendment, effective July 1, 2020, provided that the penalty for a felon in possession of a firearm or destructive device is a third degree felony; and in Subsection B, after "shall be guilty of a", deleted "fourth" and added "third", and after "Criminal Sentencing Act", deleted "provided that the violation of and the sentence imposed pursuant to this subsection shall be increased to a violation of and the sentence for a third degree felony if the person has previously been convicted of a capital felony or a serious violent offense provided in Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978". The 2019 amendment, effective July 1, 2019, expanded the categories of persons who cannot receive, transport or possess a firearm, and revised the definition of "firearm" as used in this section; in the section heading, deleted "a felon" and added "certain persons"; in Subsection A, in the introductory clause, after "unlawful for", deleted "a felon" and added "the following persons", and added Paragraphs A(1) through A(3); in Subsection B, deleted "Any person violating the provisions of this section" and added "A felon found in possession of a firearm", and after "provided in", deleted "Subparagraphs (a) through (n) of"; added a new Subsection C and redesignated former Subsection C as Subsection D; and in Subsection D, Paragraph D(4), after "such weapon", deleted "or any firearm muffler or firearm silencer. ‘Firearm’ includes any handgun, rifle or shotgun". The 2018 amendment, effective July 1, 2018, increased the penalty for a felon in possession of a firearm or destructive device if the person has previously been convicted of a capital felony or a serious violent offense, and provided clarifying language; in Subsection B, after "Criminal Sentencing Act", added the remainder of the subsection; and in Subsection C, Paragraph C(1), added "except as provided in Paragraph (2) of this subsection", at the end of Subparagraph C(1)(b), deleted "and" and added "or", added a new paragraph designation "(2)" and redesignated former Paragraphs C(2) and C(3) as Paragraphs C(3) and C(4), respectively. The 2001 amendment, effective July 1, 2001, added the Paragraph designation C(1)(c) and substituted "this paragraph" for "Paragraphs (1) and (2)" within that new paragraph; and rewrote the definition of "felon" in Paragraph C(2). The 1987 amendment, effective June 19, 1987, inserted "or destructive devices" in the catchline and "or destructive device" in Subsection A; substituted "fourth degree felony" for "misdemeanor" in Subsection B; and, in Subsection C, added present Paragraph (1) and redesignated former Paragraphs (1) and (2) as present Paragraphs (2) and (3). Felon in possession of a firearm statute comports with the principles underlying the Second Amendment. — Where defendant was convicted of being a felon in possession of a firearm, and where, after sentencing, defendant filed a motion to vacate the sentence imposed, arguing that felons are not categorically excluded from the protections of the constitution and the state cannot meet its burden to show a historical tradition of disarming felons, the district court did not err in denying defendant's motion, because 30-7-16(A)(1) NMSA 1978, is constitutional both facially and as applied to defendant, because the regulation of the right to bear arms by those who pose a threat to society is deeply rooted in the nation's historical traditions, and based on the evidence of defendant's prior felony convictions for distribution of a controlled substance, possession of a controlled substance, and escape from a community custody release program, the district court did not err in determining that defendant posed a threat to public safety. State v. Romero, 2026-NMCA-003, cert. denied. A conditional discharge is not a conviction. — Where the district court had entered a conditional discharge order in a prior criminal proceeding against defendant; the order was entered without an adjudication of guilt and with a sentencing term; defendant’s probation was subsequently revoked and defendant was placed back on probation; a year later, defendant’s probation was again revoked and the district court ordered that defendant be incarcerated; and the district court did not revoke defendant’s conditional discharge, the district court did not err by dismissing a later felon in possession charge against defendant on the ground that defendant’s conditional discharge had not been revoked and could not serve as the predicate felony for the felon in possession charge. State v. Harris, 2013-NMCA-031, 297 P.3d 374. Bullets as destructive devices. — Nothing in this section says that destructive devices as defined in the section are deadly weapons. It is unreasonable to construe this section to say that destructive devices are necessarily also deadly weapons as defined in Section 30-1-12B NMSA 1978. Even were .22 caliber cartridges to be considered destructive devices under Section 30-7-16, the bullets were not deadly weapons under Section 30-1-12B. State v. Galaz, 2003-NMCA-076, 133 N.M. 794, 70 P.3d 784, cert denied, 133 N.M. 771, 70 P.3d 761. Possession of firearms by felons. — The fact that New Mexico law does not forbid possession of firearms by those convicted of felonies more than 10 years ago does not preclude the federal government from doing so. United States v. Fuentes, 119 Fed. Appx. 248 (2004). Admission of unavailable accomplice's tape recorded custodial police interview was not harmless error because it provided only direct evidence that defendant held firearm, it contradicted state's otherwise circumstantial case, and defendant expressly denied ever holding firearm. State v. Johnson, 2004-NMSC-029, 136 N.M. 348, 98 P.3d 998, cert. denied, 543 U.S. 1177, 125 S. Ct. 1334, 161 L. Ed. 2d 162. No preemption by federal firearms act. — Although federal law excludes antique firearms from the proscription of receipt of firearms by certain convicted felons while this section does not, this section is not preempted by the federal law. State v. Haddenham, 1990-NMCA-048, 110 N.M. 149, 793 P.2d 279, cert. denied, 110 N.M. 72, 792 P.2d 49, and cert. denied, 110 N.M. 183, 793 P.2d 865. Proof of all three aspects not required for conviction. — Thus, the defendant could be convicted for the crime of felon transporting a firearm even though there was no evidence that he possessed or owned the firearm. This section prohibits receiving, transporting, or possessing any firearm; the use of the disjunctive "or" indicates that this section may be violated by any of the enumerated methods. State v. Dunsmore, 1995- NMCA-012, 119 N.M. 431, 891 P.2d 572. "Constructive" possession. — Where state could not prove that defendant had actual possession of gun, the state can rely on a theory of "constructive" possession; that defendant knew the gun was present and exercised control over it. State v. Garcia, 2004-NMCA-066, 135 N.M. 595, 92 P.3d 41, rev'd on other grounds, 2005-NMSC-017, 138 N.M. 1, 116 P.3d 72. Evidence sufficient for conviction of possession. — Documentary evidence of a prior felony conviction and defendant's numerous statements during the interrogation that he possessed several of the victim's firearms is sufficient evidence for the conviction of felon in possession of a firearm. State v. Lopez, 2005-NMSC-036, 138 N.M. 521, 123 P.3d 754, overruled on other grounds by State v. Frawley, 2007-NMSC- 057, 143 N.M. 7, 172 P.3d 144. Sufficient evidence of being a felon in possession of a firearm. — Where defendant was charged with being a felon in possession of a firearm after taking a gun inside a Las Cruces club, there was sufficient evidence to support the conviction, because based on evidence presented at trial that defendant told the officer that he was armed with a gun, a witness told the officer over the phone that defendant had a gun, and police recovered a handgun inside the club, a reasonable jury could have found that defendant had knowledge and control, and thereby possession, of a gun. State v. Jimenez, 2017-NMCA-039, cert. denied. Sufficient evidence of unlawful transportation of a firearm. — Where defendant was convicted of unlawful transportation of a firearm, and where defendant admitted that he was a felon at the time of the charged offense, and where the state presented evidence at trial that he was driving his accomplice around town and was aware that his accomplice had brought a gun into the car, there was sufficient evidence for a jury to find that defendant transported a firearm. State v. Torres, 2018-NMSC-013. Defense of duress is available against the charge of felon in possession of a firearm only when no reasonable alternatives are available — a reasonable felon would resort to possession of a firearm only when committing the offense is the only reasonable alternative. State v. Castrillo, 1991-NMSC-096, 112 N.M. 766, 819 P.2d 1324. District court properly refused to submit the defense of duress to the jury, where defendant, a convicted felon, could have contacted the police, or simply avoided his estranged wife after she smashed his car windshield, but instead he chose to arm himself by purchasing a handgun. State v. Castrillo, 1991-NMSC-096, 112 N.M. 766, 819 P.2d 1324. No exception for self-defense. — This statute does not exclude from its operation felons who are defending themselves. State v. Calvillo, 1990-NMCA-046, 110 N.M. 114, 792 P.2d 1157, cert. denied, 110 N.M. 72, 792 P.2d 49 (1991). Construed with 31-18-17 NMSA 1978. — Where defendants were convicted of the charge of felon in possession of a firearm contrary to 30-7-16 NMSA 1978, and the defendants were also sentenced as habitual offenders in accordance with 31-18-17 NMSA 1978, the trial court erred in sentencing the defendants as habitual offenders when the same prior felony convictions were relied upon to convict the defendants of the underlying offense of felon in possession of a firearm. State v. Haddenham, 1990- NMCA-048, 110 N.M. 149, 793 P.2d 279, cert. denied, 110 N.M. 72, 792 P.2d 49, and cert. denied, 110 N.M. 183, 793 P.2d 865. Use of prior felony. — The state was not prevented from using distinct felonies obtained in the same judgment and sentence for the separate purposes of enhancement under the felon in possession statute and the general habitual offender statute. State v. Calvillo, 1990-NMCA-046, 112 N.M. 140, 812 P.2d 794, cert. denied, 112 N.M. 77, 811 P.2d 575 (1991). In this case it did not matter that the state did not specify which of the two felonies it was relying on to prove the principal crime, whichever felony the jury relied on, there was an additional one available for sentence enhancement. If the jury relied on both, there is still no double jeopardy problem. State v. Dunsmore, 1995-NMCA-012, 119 N.M. 431, 891 P.2d 572. Details of the prior crime are irrelevant to prove the required element of the crime of being a felon in possession, and admission into evidence of the defendant's prior conviction of a firearms offense was reversible error. State v. Tave, 1996-NMCA-056, 122 N.M. 29, 919 P.2d 1094. Multiple uses of prior convictions does not violate double jeopardy. — Where defendant’s prior felony convictions were used to establish defendant’s status as a habitual offender for sentencing for attempted murder and to serve as the predicate felony for defendant’s conviction of felon in possession of a firearm, the double jeopardy clause was not violated. State v. Tafoya, 2012-NMSC-030, 285 P.3d 604. The felon in possession statute is insurmountably ambiguous as to the unit of prosecution. — Where defendant was charged with two counts of possession of a firearm by a felon after law enforcement officers, while executing a search warrant at defendant's residence, discovered two handguns in defendant's bedroom, and where, at a pretrial motion hearing, the district court, based on the facts in the state's criminal complaint, granted defendant's motion to dismiss one of the two counts for violating defendant's right to be free from double jeopardy, it was error for the district court to rule on the double jeopardy issue based on the limited record at the time of the motion hearing, because the felon in possession statute is insurmountably ambiguous as to the unit of prosecution and the district court did not address the second step of the unit of prosecution analysis to determine whether defendant's acts were separated by sufficient indicia of distinctness to justify multiple punishments under the same statute; the record did not adequately address the indicia for weapons possession, such as the timing of the gaining of possession of the weapons, the spacing between the weapons, the quality or nature of the weapons, and the results of the possession, and therefore defendant's motion did not present a purely legal issue resolvable under 5-601(C) NMRA and the district court erred by ruling on the merits of the motion without a stipulation of facts or an evidentiary hearing. State v. Gonzales, 2024-NMCA-062. Jury instruction. — In a prosecution for being a felon in possession of a firearm, it was reversible error for the court to use UJI 14-1701 NMRA naming the predicate offense, i.e., aggravated assault with a deadly weapon. State v. Tave, 1996-NMCA-056, 122 N.M. 29, 919 P.2d 1094. Unsubstantiated reference to drug dealer gun owner inappropriate. — Repeated references to defendant as a known drug dealer when the state lacked sufficient evidence to convict defendant of possession or distribution of illegal drugs, and instead relied on unsubstantiated hearsay to convince the jury defendant was a "known drug dealer" so, ipso facto, the shotgun must belong to him is prohibited and should be excluded. State v. Rael, 1994-NMCA-043, 117 N.M. 539, 873 P.2d 285. Restoration of firearms privileges. — Firearm privileges are automatically restored when a person successfully completes the period of a deferred sentence. 1988 Op. Att'y Gen. No. 88-03. Partial pardon by governor limiting right to use firearm. — The governor has the power under the New Mexico Constitution to grant a partial pardon conferring the right to vote and hold public office while denying the right to possess a firearm. 1992 Op. Att'y Gen. No. 92-09. Law reviews. — For note, "Evidence Law – Boundaries, Balancing, and Prior Felony Convictions: After United States v. Old Chief," see 28 N.M. L. Rev. 583 (1998). Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Weapons and Firearms § 24. Propriety of using single prior felony conviction as basis for offense of possessing weapon by convicted felon and to enhance sentence, 37 A.L.R.4th 1168. Sufficiency of evidence as to nature of firearm in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms, 37 A.L.R.4th 1179. Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788. What amounts to "control" under state statute making it illegal for felon to have possession or control of firearm or other dangerous weapon, 66 A.L.R.4th 1240. Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507. What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS § 5861, 133 A.L.R. Fed. 347. 94 C.J.S. Weapons § 2.

Prohibited-persons statute only; does not restrict ordinary civilians and has no NFA registration exception. Its definition of "firearm" does not mention silencers.

Post-ruling guidance and recent legislation

  • No NM attorney general, state police or agency statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter found as of 2026-10-12.
  • 2023 SB 171 ("Prohibit Automatic Firearm Sales"): as introduced, it would have prohibited the sale, transfer or acquisition of rifles with barrels under sixteen inches, shotguns under eighteen inches and silencers. Status: "Died (API.)", postponed indefinitely after a Senate committee do-pass with amendment on 2/07/23. Source: nmlegis.gov/Legislation/Legislation?chamber=S&legType=B… (retrieved 2026-10-12; status page shows "Died (API.)")
  • 2025 HB 38 ("Possession of Weapon Conversion Device"): a bill on conversion devices only, no suppressor, SBR or SBS provision. Status: "Died (API.)". Source: nmlegis.gov/Legislation/Legislation?chamber=H&legType=B… (retrieved 2026-10-12; status page shows "Died (API.)"). Separately, § 30-7-3.1 (above) is codified as Laws 2025, ch. 4, § 10.
  • 2026 SB 17 ("Stop Illegal Gun Trade Act"): passed the Senate 21-17 on 2/07/26 and received a do-pass from the House committee on 2/12/26; the status page shows "Died (API.)". The bill text has no suppressor, silencer, SBR or SBS provision. Source: nmlegis.gov/Legislation/Legislation?chamber=S&legType=B… (retrieved 2026-10-12; status page shows "Died (API.)")
  • No 2025 or 2026 enacted amendment to NFA-item law found: the current Chapter 30 compilation shows only Laws 2025, ch. 4 (§ 30-7-3.1) in Article 7 and no Laws 2026 citation in Article 7. I also found no 2025 or 2026 signed bill amending Article 7 other than that one.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

New York

Suppressors: Prohibited under state law

Short answer for New York: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: many fit New York's definition of a firearm, which is a felony to possess without an exemption, and disguised guns are separately restricted.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (possession is a class D felony; manufacture, transport and disposal are also class D felonies)Banned
SBRProhibited under state lawBanned for ordinary civilians (rifle with barrel under 16 in. is a "firearm"; no general civilian licensing exception for SBRs was found, an ordinary pistol license does not supply one, and the Penal Law has no federal-NFA exception).Banned
SBSProhibited under state lawBanned for ordinary civilians (shotgun with barrel under 18 in. is a "firearm")Banned
AOWUnsettledMostly banned or licensed: AOW shapes fall under "firearm" (sawed-off or altered long guns under 26 in. overall, other concealable weapons) or "disguised gun" (manufacture, transport and dealing are class D felonies).Banned

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal. The New York statutes contain no exception tied to NFA registration or federal compliance for ordinary civilians, so federal non-enforcement appears to change nothing under state law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in New York: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

New York treats these items through a few overlapping rules. A "firearm silencer" is defined by function. Possession is a class D felony (265.02(2)), as are manufacture (265.10(1)), transport (265.10(2)) and disposal (265.10(3)). The only exemption I found (265.20(a)(8)) covers manufacturers and dealers supplying police, prisons or the military, plus repair and research. It names no NFA, tax-stamp or federal-compliance route for private owners.

SBRs and SBSs are not named as such, but the definition of "firearm" in 265.00(3) includes a rifle with a barrel under 16 inches, a shotgun with a barrel under 18 inches, and weapons made from a rifle or shotgun that end up under 26 inches overall. Possession of a "firearm" is a misdemeanor under 265.01 and can become a felony under other sections. Section 265.20(a)(3) exempts possession of a pistol or revolver under a license issued under Penal Law art. 400; I found no general license exception for short-barreled rifles or shotguns. Many AOWs also meet the "firearm" definition (and concealed-gun-in-disguise devices meet "disguised gun"). The text contains no clause such as "registered under the National Firearms Act" or "lawful under federal law" for civilians. The only federal-law reference (265.20(a)(1)(d)) is for persons in federal service.

Because the statute does not make federal registration or federal legality the test, ATF's Oct. 9, 2026 non-enforcement position appears not to change the state analysis. Unregistered or registered, the items appear to remain unlawful for ordinary civilians. This is my interpretation of the text above. Penalties: class A misdemeanor (265.01), class D felony (265.02, 265.10).

Statutory text

Note: subdivisions not relevant to NFA-type items are omitted with [...].

N.Y. Penal Law § 265.00 — Definitions

Source: nysenate.gov/legislation/laws/PEN/265.00 (retrieved 2026-10-12; page shows "most recent revision (from 2026-08-28)")

1. "Machine-gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun, and also includes any convertible pistol that is equipped with a pistol converter.

2. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon; or (f) any other weapon that is not otherwise defined in this section containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive. For the purpose of this subdivision the length of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm.

[...] 20. "Disguised gun" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be either; (a) something other than a gun; or (b) a toy gun [...]

[...] 26. "Rapid-fire modification device" means any bump stock, trigger crank, binary trigger system, burst trigger system, pistol converter, or any other device that is designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun.

The definitions do not refer to the National Firearms Act.

N.Y. Penal Law § 265.01 — Criminal possession of a weapon in the fourth degree

Source: nysenate.gov/legislation/laws/PEN/265.01 (retrieved 2026-10-12; page shows "most recent revision (from 2024-11-29)")

A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shuriken, or throwing star; [...] Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Simple possession of any "firearm" (which includes SBRs and SBSs) is a class A misdemeanor under this section unless an exemption in 265.20 applies. Section 265.01-b separately provides: "A person is guilty of criminal possession of a firearm when he or she: (1) possesses any firearm" and "Criminal possession of a firearm is a class E felony." Source: newyork.public.law/laws/n.y._penal_law_section_265.01-b (retrieved 2026-10-13; a republication of the nysenate.gov text). Felony charges can also arise under 265.02 and related sections.

N.Y. Penal Law § 265.02 — Criminal possession of a weapon in the third degree

Source: nysenate.gov/legislation/laws/PEN/265.02 (retrieved 2026-10-12; page shows "most recent revision (from 2022-07-08)")

A person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or

(2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or

(3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or

[...] (6) Such person knowingly possesses any disguised gun; or (7) Such person possesses an assault weapon; or (8) Such person possesses a large capacity ammunition feeding device; or [...]

Criminal possession of a weapon in the third degree is a class D felony.

N.Y. Penal Law § 265.10 — Manufacture, transport, disposition and defacement of weapons

Source: nysenate.gov/legislation/laws/PEN/265.10 (retrieved 2026-10-12; page shows "most recent revision (from 2026-08-28)")

1. Any person who manufactures or causes to be manufactured any machine-gun, ghost gun, unfinished frame or receiver, firearm silencer, major component of a firearm, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony. Any person who manufactures or causes to be manufactured any rapid-fire modification device is guilty of a class E felony. [...]

2. Any person who transports or ships any machine-gun, ghost gun, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class D felony. Any person who transports or ships any rapid-fire modification device is guilty of a class E felony. [...]

3. Any person who disposes of any machine-gun, assault weapon, large capacity ammunition feeding device or firearm silencer is guilty of a class D felony. Any person who disposes of any rapid-fire modification device is guilty of a class E felony. [...]

N.Y. Penal Law § 265.20 — Exemptions

Source: nysenate.gov/legislation/laws/PEN/265.20 (retrieved 2026-10-12; page shows "most recent revision (from 2026-08-28)")

a. Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37, 265.50, 265.55 and 270.05 shall not apply to: 1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.01-c, 265.02, 265.03, 265.04, 265.05, 265.50, 265.55 and 270.05 by the following: [...] (d) Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same. [...]

8. The manufacturer of machine-guns, firearm silencers, assault weapons, large capacity ammunition feeding devices, rapid-fire modification devices, disguised guns, pilum ballistic knives, switchblade or gravity knives, billies or blackjacks as merchandise, or as a transferee recipient of the same for repair, lawful distribution or research and development, and the disposal and shipment thereof direct to a regularly constituted or appointed state or municipal police department, sheriff, police officer or other peace officer, or to a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, or to the military service of this state or of the United States; or for the repair and return of the same to the lawful possessor or for research and development.

No paragraph of 265.20 (read in full) exempts ordinary civilians for NFA-registered or federally lawful silencers, SBRs, SBSs or AOWs, and the section never mentions the National Firearms Act. Para. 3 covers only licensed pistols/revolvers and registered assault weapons (state registration under Penal Law 400.00(16-a)).

Related provisions

  • Penal Law § 265.00(22): assault weapon definition (semiautomatic rifles, shotguns and pistols with listed features); a short-barreled semiautomatic with listed features could be caught independently.
  • No New York hunting-with-suppressor provision found; suppressors are banned.
  • No Firearms Freedom Act found.
  • Federal-law note from ATF: GCA interstate transport approval for SBRs/SBSs (Form 20) is not changed.

Post-ruling guidance and recent legislation

  • No statement from the New York Attorney General, State Police or other agency found as of 2026-10-12.
  • 2025-2026 legislation amending these sections: None found as of 2026-10-12.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

North Carolina

Suppressors: Unsettled

Short answer for North Carolina: The answer for suppressors, SBRs, SBSs and AOWs is unsettled. For AOWs it depends on the item: only those that fit the statute's definitions, such as a bore over half an inch or a short rifle or shotgun type, are covered.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (felony unless possessed "in compliance with" NFA, 26 U.S.C. Ch. 53)Federal compliance (cites NFA chapter by number; does not say "registered")
SBRUnsettledRestricted, with an exception (same)Federal compliance
SBSUnsettledRestricted, with an exception (same)Federal compliance
AOWUnsettledMostly not named. Only AOWs that are firearms with a bore over 1/2 inch (a shotgun or shotgun shell particularly suitable for sporting purposes is excepted), or that are SBR/SBS-type or fully automatic, are caught; other AOWs appear not to be restricted.Federal compliance for those caught; otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — The exception requires the weapon be lawfully possessed or owned "in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871." The NFA statutes remain on the books and ATF has only declined to enforce them, so whether an unregistered item is "in compliance" is open; the risk is a Class F felony.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In North Carolina, the exception for suppressors, SBRs, SBSs and AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

North Carolina has no separate suppressor, SBR or SBS statute. All of them are swept into the "weapon of mass death and destruction" definition in § 14-288.8(c)(3): any silencer, any shotgun under 18 inches barrel or 26 inches overall, and any rifle under 16 inches barrel or 26 inches overall. Machine guns and large-bore weapons also fall under it. Possession, manufacture, sale or transport is a Class F felony.

The exception, § 14-288.8(b)(5), covers persons who "lawfully possess or own" the weapon "in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871." It names the NFA chapter, not "registration" or a tax stamp. That is closest to federal compliance, but it ties compliance to the whole NFA chapter, which includes the registration, approval and transfer provisions (the statute's second sentence also references the sheriff's role on ATF paperwork, historically the CLEO sign-off).

Interpretation (not text): after the Oct. 9 letter the NFA is not repealed and ATF only declines to enforce. Under one reading, an unregistered item is not "in compliance with" Chapter 53 because Chapter 53 still requires registration. ATF's policy does not itself establish that an unregistered item is lawfully possessed or in compliance for purposes of this state exception, and I found no controlling state interpretation. For plaintiffs covered by the Silencer Shop injunction the federal provisions cannot be enforced, which is a separate question from what the state exception requires. The text does not resolve this, and the penalty is a felony, so the risk is significant; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. A registration that covers the current lawful possessor supports the exception; registration alone does not establish compliance with every requirement. Non-NFA-registered items in NC (e.g., homemade suppressors made without Form 1) are the uncertain group.

The (c) definition's AOW coverage appears narrow: AOWs are not named, so only those with a bore over 1/2 inch, or that otherwise meet the SBR/SBS/MG descriptions, appear to be caught.

Statutory text

N.C. Gen. Stat. § 14-288.8 — Weapon of mass death and destruction; exceptions

Source: ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Ch… (retrieved 2026-10-12; page shows no currency note; history line ends "2011-268, s. 8")

§ 14-288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions.

(a) Except as otherwise provided in this section, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.

(b) This section does not apply to any of the following: [...]

(2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses. [...]

(5) 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. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

(c) The term "weapon of mass death and destruction" includes: [...]

(2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; or

(3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or

(4) Any combination of parts either designed or intended for use in converting any device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled.

The term "weapon of mass death and destruction" does not include any device which is neither designed nor redesigned for use as a weapon; [...] or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting purposes, in accordance with Chapter 44 of Title 18 of the United States Code.

(d) Any person who violates any provision of this section is guilty of a Class F felony.

(Also (c)(1): explosive or incendiary bombs, grenades, rockets over 4 oz. propellant, missiles, mines; omitted here.)

N.C. Gen. Stat. § 113-291.1(c)(2) — Hunting; prohibited items

Source: ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Ch… (retrieved 2026-10-12; history line ends "2019-204, s. 11")

(c) It is a Class 1 misdemeanor for any person taking wildlife to have in his possession any: (1) Repealed by Session Laws 2013-369, s. 23, effective October 1, 2013. (2) Weapon of mass death and destruction as defined in G.S. 14-288.8, other than a suppressor or other device designed to muffle or minimize the report of a firearm or short-barreled rifle that is lawfully possessed by a person in compliance with 26 U.S.C. Chapter 53 §§ 5801-5871.

N.C. Gen. Stat. § 14-409.40(a), (b) — Statewide uniformity of local regulation

Source: ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Ch… (retrieved 2026-10-12; history in subsection (h) ends 2015-195, s. 12)

(a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

(b) Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts. [...]

Related provisions

  • Section 113-291.1(c)(2) excludes a suppressor possessed in compliance with 26 U.S.C. Ch. 53 from the hunting-possession offense; the former hunting ban was repealed by S.L. 2013-369, s. 23, effective Oct. 1, 2013.
  • Local preemption: § 14-409.40.
  • No state "Firearms Freedom Act" for suppressors found.
  • No state assault-weapon ban in NC. Concealed carry § 14-269 does not address suppressors or short-barreled firearms.
  • Sheriff role: § 14-288.8(b)(5) preserves sheriff discretion in executing ATF paperwork (the CLEO certification); that role may be moot or changed after the ATF letter.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 (no NC Attorney General, SBI or Wildlife Resources Commission statement located; no 2025-2026 amendment to § 14-288.8 or § 113-291.1 found; the statute pages show no amendments after 2011 and 2019 respectively).

Case law and AG opinions

  • State v. Watterson, 198 N.C. App. 500 (N.C. Ct. App. 2009) — static.case.law/nc-app/198/cases/0500-01.json (Caselaw Access Project text). Applied the Staples factors to § 14-288.8 and declined to read a requirement that the defendant know the barrel was under 18 inches; the court said it did not believe the Legislature intended "such a substantial burden on the prosecution." It does not construe the (b)(5) federal-compliance exception. Relevant only as showing NC reads the statute as close to strict on the item's characteristics, so a mistaken belief that an item is lawful is unlikely to help on the barrel/silencer element.

Net effect: Watterson does not address the exception, so the unregistered-item question stays open. If anything, Watterson's lenient-to-prosecution reading of the statute's scope suggests courts would not stretch it in a defendant's favor, but it is not directly on point.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

North Dakota

Suppressors: Unsettled

Short answer for North Dakota: The answer for suppressors, SBRs, SBSs and AOWs is unsettled.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (felony unless "complied with the National Firearms Act")Federal compliance (the wording is "complied with the NFA")
SBRUnsettledRestricted, with an exception (class C felony unless "complies with the National Firearms Act")Federal compliance (the wording is "complies with the NFA")
SBSUnsettledSame as SBRFederal compliance (the wording is "complies with the NFA")
AOWUnsettledMay be within "any other federally licensed firearm or dangerous weapon" in 62.1-05-01 (the cautious assumption is that it is); same NFA-compliance condition.Federal compliance (the wording is "complied with the NFA"); coverage unclear

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — the exceptions say a person who "has complied with" / "complies with" the National Firearms Act. If the NFA's approval and registration steps are no longer enforced, it is unresolved whether an unregistered item counts as "complying"; the text does not say "registered," but compliance naturally reads as meeting the NFA's requirements, which remain on the books.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In North Dakota, the exception for suppressors, SBRs, SBSs and AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

ND restricts suppressors, machine guns, bombs and "any other federally licensed firearm or dangerous weapon" under § 62.1-05-01, and SBRs/SBSs under § 62.1-02-03. Both are class C felonies. Both are keyed to the NFA with an "unless" clause: § 62.1-05-01 requires that the person "has complied with the National Firearms Act"; § 62.1-02-03 exempts "any person who complies with the National Firearms Act." Neither says "registered" or "tax stamp," so this is not a pure federal registration exception, but it is not a generic "lawful under federal law" clause either; it incorporates the NFA's requirements (application, approval, registration, tax).

Interpretation (not text): the NFA statutes are not repealed, and ATF's Oct. 9 letter is enforcement discretion. A prosecutor could argue an unregistered item did not "comply" with the NFA. The SBR/SBS clause uses present tense "complies" (status-based). How this wording applies to an unregistered item is untested. The cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. The AOW point: AOWs are not named; "any other federally licensed firearm or dangerous weapon" is vague and may or may not capture them. Suppressors and SBRs/SBSs made post-letter without Form 1 are the riskiest case. The definitions use the federal barrel-length thresholds and the under-26-inch overall-length threshold for firearms made from rifles or shotguns.

Statutory text

Text below is from the official ND Legislative Branch Century Code PDFs, retrieved 2026-10-12. The PDFs show no currency date on their face; re-downloaded 2026-10-13, their file metadata shows they were generated June 30, 2025, after the 2025 session, and the quoted text is unchanged.

N.D.C.C. § 62.1-05-01 — Possession and sale of machine guns, automatic rifles, silencers, and bombs

Source: ndlegis.gov/cencode/t62-1c05.pdf (retrieved 2026-10-12; official PDF shows no currency date)

1. A person may not purchase, sell, have, or possess a machine gun, fully automatic rifle, silencer, or bomb loaded with explosives or poisonous or dangerous gases, or any other federally licensed firearm or dangerous weapon unless that person has complied with the National Firearms Act [26 U.S.C. 5801-5872].

2. A person who violates this section is guilty of a class C felony. Upon arrest of that person, the firearm or dangerous weapon must be seized. Upon conviction [...] the firearm or dangerous weapon must be forfeited [...]

N.D.C.C. § 62.1-05-02 — Persons exempt from chapter

Source: ndlegis.gov/cencode/t62-1c05.pdf (retrieved 2026-10-12; official PDF shows no currency date)

This chapter does not apply to: 1. The authorized agent and a servant of a person who has a license to purchase, sell, have, or possess a machine gun, submachine gun, fully automatic rifle, silencer, or a bomb loaded with explosives or poisonous or dangerous gases. 2. Any officer or member of a duly authorized military organization while on official duty [...] 3. A North Dakota law enforcement officer. 4. Any federal officer authorized by the federal government to have or possess a machine gun, submachine gun, fully automatic rifle, silencer, or bomb [...]

N.D.C.C. § 62.1-05-03 — Chief law enforcement officer certification

Source: ndlegis.gov/cencode/t62-1c05.pdf (retrieved 2026-10-12; official PDF shows no currency date)

2. When a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer, within thirty days of receipt of a request for certification, shall provide the certification if the applicant is not prohibited by law from receiving or possessing the firearm [...] ("Firearm" has the same meaning as provided in the National Firearms Act [26 U.S.C. § 5845(a)].)

N.D.C.C. § 62.1-02-03 — Possession or sale of short-barreled rifle or shotgun

Source: ndlegis.gov/cencode/t62-1c02.pdf (retrieved 2026-10-12; official PDF shows no currency date)

A person who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun is guilty of a class C felony. This section does not apply to a law enforcement officer who possesses, obtains, receives, sells, or uses a short-barreled rifle or a short-barreled shotgun in the course of or in connection with the officer's official duties, to a member of the armed forces of the United States or national guard, organized reserves, state defense forces, or state guard organizations who possesses or uses a short-barreled rifle or short-barreled shotgun issued to the member by that organization and while on official duty, or to any person who complies with the National Firearms Act [26 U.S.C. 5801-5872].

(Section title: "Possession or sale of short-barreled rifle or shotgun - Penalty - Application.")

N.D.C.C. § 62.1-01-01 — Definitions (excerpts)

Source: ndlegis.gov/cencode/t62-1c01.pdf (retrieved 2026-10-12; PDF shows no currency date)

14. "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches [40.64 centimeters] in length and any firearm made from a rifle, whether by alteration, modification, or otherwise, if the firearm, as modified, has an overall length of less than twenty-six inches [66.04 centimeters].

15 "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches [45.72 centimeters] in length and any firearm made from a shotgun, [...] if the firearm, as modified, has an overall length of less than twenty-six inches [66.04 centimeters].

17. "Silencer" means any device for or attached to any firearm which will silence or deaden the sound or natural report of the firearm when it is discharged.

N.D.C.C. § 62.1-01-03.1 — Federal firearms laws - Limitations on enforcement

Source: ndlegis.gov/cencode/t62-1c01.pdf (retrieved 2026-10-12; PDF shows no currency date)

Subsections 2.a-c are omitted from the excerpt: a. court finds probable cause of a national security threat; b. violation also a violation of Title 62.1; c. violation also of ch. 12.1-16, 12.1-17, 12.1-18, 12.1-20, 12.1-41 or 19-03.1.

2. An agency or political subdivision of the state and a law enforcement officer [...] may not provide assistance to a federal agency or official or act independently with respect to the investigation, prosecution, or enforcement of a violation of a federal statute, order, rule, or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition enacted after January 1, 2021, if the federal statute, order, rule, or regulation is more restrictive than state law, unless: [...]

Related provisions

  • N.D.C.C. § 62.1-01-03 (ndlegis.gov/cencode/t62-1c01.pdf): subsection 1 provides that a political subdivision "may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void." Subsection 5 gives an aggrieved person a civil action for damages against a political subdivision.
  • § 62.1-05-03 requires CLEO certification within 30 days where federal law requires it; moot as federal CLEO notice has been replaced, but still on the books.
  • No state-level assault-weapon ban found.

Post-ruling guidance and recent legislation

  • No ND-specific guidance on the ATF Open Letter or amendments to §§ 62.1-02-03 / 62.1-05-01 found as of 2026-10-12.
  • Sept. 4, 2026: North Dakota's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address North Dakota law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Ohio

Suppressors: Registration or other requirements apply

Short answer for Ohio: Registration or other requirements apply to suppressors, SBRs and SBSs. The answer for AOWs is unsettled. For AOWs it depends on the item: one that is a sawed-off firearm or zip-gun is covered, and others are not named.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (a "dangerous ordnance"; possession is a felony unless an exception applies; the civilian exception is NFRTR registration, or hunting use under R.C. 1533.04)Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (a rifle under 16" barrel or under 26" overall is a "sawed-off firearm", hence dangerous ordnance)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (a shotgun under 18" barrel or under 26" overall is a "sawed-off firearm")Federal registration
AOWUnsettledUnclear (no AOW category; coverage depends on whether the item is a sawed-off firearm, zip-gun, etc. Smooth-bore pistols and similar items are not named)Federal registration where caught

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal (on the text) — R.C. 2923.17(C)(5) exempts only "owners of dangerous ordnance registered in the national firearms registration and transfer record", so an item that is not in the NFRTR has no registration exemption, and the hunting-suppressor exception itself also requires NFA registration. Section 2923.17(C)(7) separately exempts holders of a state license or temporary permit issued under R.C. 2923.18, a discretionary route for specified purposes. Ohio's felony of the fifth degree applies regardless of ATF's enforcement discretion.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Ohio, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Ohio does not regulate these items by a state registry. It defines "dangerous ordnance" to include any "firearm muffler or suppressor" and any "sawed-off firearm" (rifle barrel under 16", shotgun barrel under 18", or either under 26" overall), plus automatic firearms. Knowingly acquiring, having, carrying or using dangerous ordnance is a fifth-degree felony. Ordinary civilians have two relevant exceptions: R.C. 2923.17(C)(5) for "owners of dangerous ordnance registered in the national firearms registration and transfer record", and (C)(8) for suppressors on hunting guns; but R.C. 1533.04(A) conditions that hunting use on the person having "registered the suppressor in accordance with the 'National Firearms Act'", so (C)(8) is also a registration exception. The wording is a pure federal registration exception, not a general "lawful under federal law" exception. Other exceptions that say "lawfully ... under ... applicable federal law" (C)(2), (3), (6) are limited to licensed explosives/DD dealers and carriers.

Interpretation (not text): after the ATF Open Letter, a person who makes or buys a suppressor or SBR/SBS without an NFRTR entry does not fit (C)(5). ATF's non-enforcement does not change what the NFRTR contains, so the plain text suggests state liability. The hunting exception covers only hunting use and also requires NFA registration. Items already in the NFRTR remain covered. AOWs are not named; a given AOW is caught only if it is a sawed-off firearm, zip-gun, or other listed item. Penalty: felony of the fifth degree.

Statutory text

R.C. 2923.17 — Unlawful possession of dangerous ordnance

Source: codes.ohio.gov/ohio-revised-code/section-2923.17 (retrieved 2026-10-12; page shows "Effective: March 23, 2015; Latest Legislation: House Bill 234 - 130th General Assembly"; the site says LSC updates on an ongoing basis, so a 2026 amendment could lag, but none found)

(A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.

[...]

(C) Division (A) of this section does not apply to:

(1) Officers, agents, or employees of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, and law enforcement officers, to the extent that any such person is authorized to acquire, have, carry, or use dangerous ordnance and is acting within the scope of the person's duties;

[...]

(3) Importers, manufacturers, and dealers having a license to deal in destructive devices or their ammunition, issued and in effect pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 923, and any amendments or additions thereto or reenactments thereof, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used under the laws of this state and applicable federal law;

[...]

(5) Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder.

(6) Carriers, warehouses, and others engaged in the business of transporting or storing goods for hire, with respect to dangerous ordnance lawfully transported or stored in the usual course of their business and in compliance with the laws of this state and applicable federal law;

(7) The holders of a license or temporary permit issued and in effect pursuant to section 2923.18 of the Revised Code, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used for the purposes and in the manner specified in such license or permit;

(8) Persons who own a dangerous ordnance that is a firearm muffler or suppressor attached to a gun that is authorized to be used for hunting by section 1533.16 of the Revised Code and who are authorized to use such a dangerous ordnance by section 1533.04 of the Revised Code.

(D) Whoever violates division (A) of this section is guilty of unlawful possession of dangerous ordnance, a felony of the fifth degree.

R.C. 2923.11 — Definitions

Source: codes.ohio.gov/ohio-revised-code/section-2923.11 (retrieved 2026-10-12; page shows "Effective: March 28, 2019; Latest Legislation: House Bill 86 - 133rd General Assembly")

(E) "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger.

(F) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall. "Sawed-off firearm" does not include any firearm with an overall length of at least twenty-six inches that is approved for sale by the federal bureau of alcohol, tobacco, firearms, and explosives under the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the bureau not to be regulated under the "National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5845(a).

[...]

(K) "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;

(2) Any explosive device or incendiary device;

[...]

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;

(5) Any firearm muffler or suppressor;

(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

(L) "Dangerous ordnance" does not include any of the following:

[...]

(2) Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;

[...]

(6) Any device that is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations issued under that act;

(7) Any firearm with an overall length of at least twenty-six inches that is approved for sale by the federal bureau of alcohol, tobacco, firearms, and explosives under the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(3), but that is found by the bureau not to be regulated under the "National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5845(a).

R.C. 1533.04 — Use of suppressor (hunting)

Source: codes.ohio.gov/ohio-revised-code/section-1533.04 (retrieved 2026-10-12; page shows "Effective: March 23, 2015; Latest Legislation: House Bill 234 - 130th General Assembly")

(A) A person who holds a valid hunting license issued under this chapter and who hunts game birds or wild quadrupeds may use a suppressor attached to a gun that is authorized to be used for hunting by section 1533.16 of the Revised Code while hunting, provided that the person is authorized to possess the suppressor under state and federal laws and has registered the suppressor in accordance with the "National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841, et seq., as amended.

(B) As used in this section, "suppressor" means any device used for diminishing the sound of any shot, bullet, or projectile that is discharged from a gun that is authorized to be used for hunting by section 1533.16 of the Revised Code.

R.C. 1533.16 (same site; effective Oct. 20, 1994) only lists lawful methods of taking game (gun, bow, etc.; no gun larger than ten gauge) and does no work here.

R.C. 2923.18 — Dangerous ordnance license / temporary permit

Source: codes.ohio.gov/ohio-revised-code/section-2923.18 (retrieved 2026-10-12; "Effective: April 12, 2021; Senate Bill 140 - 133rd General Assembly")

Excerpt: a sheriff, safety director or police chief may issue a license or temporary permit "to acquire, possess, carry, or use dangerous ordnance" for listed purposes (contractors, farmers (explosives), scientists/instructors, armored-car guards, and "in the discretion of the issuing authority, any responsible person, with respect to dangerous ordnance lawfully acquired, possessed, carried, or used for a legitimate research, scientific, educational, industrial, or other proper purpose"). Application fee $50 (license) / $5 (temporary). Discretionary and purpose-limited.

Related provisions

  • R.C. 2923.18 — local-issued discretionary license/temporary permit for dangerous ordnance.

Post-ruling guidance and recent legislation

  • No Ohio AG, State Highway Patrol or other agency statement on the Aug. 5 ruling or the Oct. 9 Open Letter found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Ohio law).
  • Sept. 4, 2026: Ohio's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Ohio law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Oklahoma

Suppressors: No item-specific restriction found

Short answer for Oklahoma: I found no item-specific state restriction on possessing suppressors; general firearm laws still apply. The answer for SBRs, SBSs and AOWs is unsettled. For AOWs it depends on the item: one that fires shot through a barrel under 18 inches can fit Oklahoma's sawed-off shotgun definition. Separately, Oklahoma bars using a suppressor to take game unless it is federally registered.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state possession restriction found. Separately, 29 O.S. § 5-201(A)(5) bars using a suppressor to kill or capture game "unless it is registered in compliance with the requirements of federal law."None needed
SBR ("sawed-off rifle": barrel < 16 in, or made from a rifle with OAL < 26 in)UnsettledFelony possession, unless firearm is "lawfully possessed under federal law" or "not regulated as a 'firearm' pursuant to the NFA"Federal compliance
SBS ("sawed-off shotgun": barrel < 18 in and OAL < 26 in)UnsettledSame as SBRFederal compliance
AOWUnsettledIt depends on the item. The "sawed-off shotgun" definition in § 1289.18(A) covers any firearm that fires a series of projectiles through a barrel under 18 inches, unless it is 26 inches or longer overall, so an AOW that fires shot can fit it. Other AOWs are not named.Federal compliance where the definition applies; otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear - the exception reads "lawfully possessed under federal law" without naming registration, so it can be read as covering an unregistered SBR/SBS if federal law does not currently prohibit it, or as not covering it because the NFA statutes remain on the books; the text has not been tested, and the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. The same caution applies to hunting: the wildlife statute ties suppressor use to registration "in compliance with the requirements of federal law," so I would not assume an unregistered suppressor may be used to take game.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Oklahoma, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Oklahoma's only NFA-type item offense located is 21 O.S. § 1289.18, which makes it a felony (Class D2, up to $1,000 fine and imprisonment under 21 O.S. § 20O) to knowingly possess a "sawed-off shotgun" (barrel under 18 in. unless OAL is 26 in. or more) or "sawed-off rifle" (barrel under 16 in., or made from a rifle with OAL under 26 in.). Subsection D exempts any firearm "lawfully possessed under federal law" or "otherwise not regulated as a 'firearm' pursuant to the National Firearms Act". This is a federal compliance exception, not a federal registration one: the older 2011-era text required introducing the approved NFA application form, but the 2019 rewrite (per SB 24) drops that requirement. I reviewed the full text of Title 21 (including all of Chapter 53, Manufacture, Sale, and Wearing of Weapons), Title 29 (Game and Fish) and Title 63 (Public Health and Safety) for "silencer," "suppressor," "muffler," "short-barreled," "sawed-off" and "any other weapon". Outside § 1289.18 and the felon-possession cross-reference in § 1283, the only hit relevant here is the wildlife statute, 29 O.S. § 5-201(A)(5), which bars using an unregistered suppressor to take game and adds penalties for taking certain wildlife with a suppressed firearm. I found no general state suppressor possession offense, no AOW offense, and no Oklahoma-specific registration scheme. Oklahoma's own chief-law-enforcement-officer certification statute, § 1289.30, only operates where federal law requires a certification.

Interpretation (not text): after the Oct. 9 ATF letter, ATF's policy does not itself establish that an unregistered item is lawfully possessed or in compliance for purposes of this state exception, and I found no controlling state interpretation. The $0 tax does not by its terms change the federal definition of a firearm. The cautious reading is that the NFA statutes are unrepealed and ATF's position is only enforcement discretion, so a prosecutor could argue an unregistered item is not "lawfully" possessed. The cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. Oklahoma was itself a plaintiff state in the Texas case, but that does not settle how the state statute applies.

Statutory text

21 O.S. § 1289.18 - Definitions (Oklahoma Firearms Act of 1971)

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=6… (retrieved 2026-10-12; OSCN 2026, history ends "Amended by Laws 2025, HB 2104, c. 486, § 598, eff. January 1, 2026")

A. "Sawed-off shotgun" shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using a combustible propellant charge, but does not include any weapon so designed with a barrel less than eighteen (18) inches in length, provided it has an overall length of twenty-six (26) inches or more.

B. "Sawed-off rifle" shall mean any rifle having a barrel or barrels of less than sixteen (16) inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than twenty-six (26) inches in length, including the stock portion.

C. Every person who knowingly has in his possession or under his immediate control a sawed-off shotgun or a sawed-off rifle, whether concealed or not, shall upon conviction be guilty of a Class D2 felony offense for the possession of such device, and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment as provided for in subsections B through F of Section 20O of this title, or both such fine and imprisonment.

D. This section shall not apply to any firearm that is lawfully possessed under federal law or that is otherwise not regulated as a "firearm" pursuant to the National Firearms Act.

E. The term "firearm" as used in this section and in the Oklahoma Firearms Act of 1971, shall not include an "antique firearm" as defined in 18 U.S.C., Section 921 (2006).

The 2019 SB 24 enrolled text (oklegislature.gov/cf_pdf/2019-20 ENR/SB/SB24 ENR.PDF) is consistent with subsection D and replaced the older registration-form defense.

21 O.S. § 1289.4 and § 1289.5 - Definitions of "rifles" and "shotguns" (Oklahoma Firearms Act of 1971)

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=6… (retrieved 2026-10-12; § 1289.4 history ends "Amended by Laws 1995, SB 3, c. 272, § 42, eff. September 1, 1995")

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=6… (retrieved 2026-10-12; OSCN 2026, history ends "Amended by Laws 2019, SB 24, c. 63, § 2, eff. November 1, 2019")

"Rifles" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than sixteen (16) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include archery equipment, flare guns or underwater fishing guns. ...

"Shotguns" as used in the Oklahoma Firearms Act of 1971, shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than eighteen (18) inches in length, and using a combustible propellant charge, but not to include any weapon so designed with a barrel less than eighteen (18) inches in length unless the overall length of the firearm is twenty-six (26) inches or more. ...

21 O.S. § 1283(A), (H) - Convicted felons and delinquents

Source: oklegislature.gov/OK_Statutes/CompleteTitles/os21.rtf (retrieved 2026-10-12; official complete Title 21, history ends "Laws 2025, c. 486, § 130, eff. Jan. 1, 2026")

A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.

H. For purposes of this section, "sawed-off shotgun" or "sawed-off rifle" shall mean any shotgun or rifle which the barrel or barrels have been illegally shortened in length.

29 O.S. § 5-201(A)(5), (E), (H)(3) - Means of taking wildlife (suppressors)

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=7… (retrieved 2026-10-12; OSCN 2026, history ends "Amended by Laws 2021, HB 1112, c. 29, § 1, eff. November 1, 2021")

A. Except as otherwise provided for in this section or in rules promulgated by the Wildlife Conservation Commission, no person may utilize at any time, for the purpose of killing or capturing any game mammal, game bird, nongame bird or exotic wildlife, the following means: ... 5. Any device which noticeably suppresses noise from a firearm, commonly known as a suppressor or silencer, unless it is registered in compliance with the requirements of federal law.

E. Nothing in this section shall be construed to exempt any person using a device as described in paragraph 5 of subsection A of this section from the requirements and provisions of federal law, federal regulations and federal tax requirements for lawful use of the device.

H. 1. Any person convicted of violating the provisions of subsection A of this section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

...

3. Any person convicted of a wildlife offense which involves a species of wildlife listed in Section 5-411 of this title, involves a species of wildlife referenced in Section 5-412 of this title or involves the unlawful possession, taking or killing of the wildlife from an unlawful hunt, chase, trap, capture, shooting, killing or slaughter while using a suppressed firearm during the commission of the wildlife offense, in addition to any other penalty otherwise provided for in law, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not exceeding one (1) year, or by both the fine and imprisonment. In addition, the court may order that the hunting or fishing license and privileges of the person be revoked for a period of not less than one (1) year but not exceeding five (5) years.

21 O.S. § 1289.24(A)(1), (B) - State preemption

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=6… (retrieved 2026-10-12; OSCN 2026, history ends "Amended by Laws 2021, SB 926, c. 310, § 1, eff. November 1, 2021")

A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, air powered pistols, air powered rifles, knives, components, ammunition and supplies to the complete exclusion of any order, ordinance or regulation by any municipality or other political subdivision of this state. ...

B. No municipality or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, knives, components, ammunition and supplies.

21 O.S. § 1289.24e(D) - Second Amendment Sanctuary State Act

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=4… (retrieved 2026-10-12; OSCN 2026, history "Laws 2021, SB 631, c. 236, § 2, emerg. eff. April 26, 2021")

D. The preemption provided in this act shall include:

1. Any regulation of arms and ammunition, pursuant to the National Firearms Act of 1934, prohibited or regulated on or after the effective date of this act; and

2. Any regulations or provision of the Gun Control Act of 1968, prohibited or regulated on or after the effective date of this act.

I read this as aimed at state and local regulation, not as a state exception for an unregistered item, and nothing in it mentions § 1289.18.

21 O.S. § 1289.30 - Chief law enforcement officer certification

Source: oscn.net/applications/oscn/DeliverDocument.asp?CiteID=4… (retrieved 2026-10-12; OSCN 2026, history "Laws 2014, HB 2461, c. 237, § 1, eff. November 1, 2014")

A. When certification by a chief law enforcement officer is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer shall, within fifteen (15) days of receipt of a request for certification, provide such certification if the applicant is not prohibited by law from receiving the firearm or the applicant is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving the firearm. ...

Related provisions

  • Oklahoma's 2025 Title 21 recodification (Laws 2025, ch. 486) restyled penalties as Class D2 felony.
  • No Oklahoma assault-weapon ban or other "copycat" definition catching these items appears in Titles 21, 29 or 63.
  • State preemption of local law: 21 O.S. § 1289.24 (quoted above).

Post-ruling guidance and recent legislation

  • No AG/OSBI statement on the Oct. 9 ATF letter found as of 2026-10-12.
  • Aug. 14, 2026: AG Drummond asked ATF in writing to explain how it will stop enforcing the NFA provisions a federal court declared unconstitutional in the Texas case, where Oklahoma was a plaintiff. This is a statement about federal enforcement, not an interpretation of § 1289.18. Source: oklahoma.gov/oag/news/newsroom/2026/august/drummond-ask… (retrieved 2026-10-12; press release dated Aug. 14, 2026)
  • HB 3301 (2026, Steagall/Bergstrom): passed the House 2026-03-10 (79-15); first reading in the Senate 2026-03-11 and second reading referred to Senate Rules 2026-04-01, with no later action shown; the Senate passage line on the engrossed bill is blank. Not enacted. As engrossed (effective date Nov. 1, 2026 if it had passed), it would have amended §§ 1289.4, 1289.5 and 1289.18: it would have made the § 1289.18(C) possession offense apply only to a sawed-off shotgun or rifle "not in compliance with the provisions of Sections 1289.4 and 1289.5," reduced it from a Class D2 felony to a misdemeanor (fine up to $1,000, county jail up to one year, or both), and rewritten subsection D to say it is not prohibited to own or possess "a firearm or suppressor" lawfully possessed under federal law or not regulated as a "firearm" under 26 U.S.C. ch. 53, §§ 5801-5872. Source: oklegislature.gov/cf_pdf/2025-26%20ENGR/hB/HB3301%20ENG… (retrieved 2026-10-12; engrossed version dated 3/11/2026, Senate passage line blank); status: oklegislature.gov/BillInfo.aspx?Bill=HB3301&Session=2600
  • SB 1709 (2026, Jett): as introduced it would repeal § 1289.18 entirely (and conform the § 20O reference); the bill page shows only first reading (2026-02-02) and referral to Senate Rules (2026-02-03); not enacted. Source: oklegislature.gov/cf_pdf/2025-26%20INT/SB/SB1709%20INT.… and oklegislature.gov/BillInfo.aspx?Bill=sb1709&Session=2600 (retrieved 2026-10-12; introduced version dated 1/14/2026). Summary: oklegislature.gov/cf_pdf/2025-26 SUPPORT DOCUMENTS/BILLSUM/Senate/SB1709 INT BILLSUM.PDF

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Oregon

Suppressors: Registration or other requirements apply

Short answer for Oregon: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors, SBRs and SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (knowing possession is a Class B felony unless "registered as required under federal law")Federal registration
SBRRegistration or other requirements applyRestricted, with an exception (same)Federal registration
SBSRegistration or other requirements applyRestricted, with an exception (same)Federal registration
AOWNo item-specific restriction foundNo Oregon statute found restricting AOWs as a class (other than as they may meet the SBR/SBS/MG definitions)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear, leaning Clear-illegal on the text — the defense and the arrest bar both require the item to be "registered as required under federal law"; an unregistered item is outside the literal text. How this wording applies to an unregistered item is untested.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Oregon, federal registration is a stated condition of the exception for suppressors, SBRs and SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

Oregon is a registration-exception state. ORS 166.272(1) makes it a Class B felony to knowingly possess a machine gun, SBR, SBS or "firearms silencer." The statute has no outright permit scheme; instead it gives (a) a limit on arrest/charge if the person has documentation in immediate possession showing the item "is registered as required under federal law," and (b) an affirmative defense that the item "was registered as required under federal law." The text names registration, not mere federal lawfulness, so it appears to be federal registration type. The "silencer" definition is broad (any device for silencing, muffling or diminishing the report), and the SBR/SBS definitions use 16/18 inch barrels and 26 inch overall length, matching the federal thresholds. AOWs are not named; no separate Oregon AOW offense was found.

After the Oct. 9 ATF letter, an item that is unregistered in the NFRTR does not literally meet "registered." The phrase "as required under federal law" may be read to mean the exception applies only when federal law requires registration; the ATF letter is enforcement discretion, not repeal, so the NFA still formally requires registration. That cuts against the possessor: federal law (statute) still "requires" it, and the item is not registered. A possessor therefore has no clear safe harbor. This is my interpretation, not a holding.

Statutory text

ORS 166.272 — Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers

Source: oregonlegislature.gov/bills_laws/ors/ors166.html (retrieved 2026-10-12; 2025 edition, listing 2026 Oregon Laws chapters through "2026 Session Laws 0120"; history line for this section ends [1989 c.839 13a; 1997 c.749 8; 1997 c.798 1], i.e. no recent amendments shown)

(1) A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.

(2) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.

(3) A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the persons immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.

(4) It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law.

ORS 166.210 — Definitions (excerpts)

Source: oregonlegislature.gov/bills_laws/ors/ors166.html (retrieved 2026-10-12; 2025 edition)

(4) Firearms silencer means any device for silencing, muffling or diminishing the report of a firearm.

[...]

(7) Machine gun means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.

[...]

(15) Short-barreled rifle means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle if the weapon has an overall length of less than 26 inches.

(16) Short-barreled shotgun means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches.

ORS 166.170(1) — State preemption

Source: oregonlegislature.gov/bills_laws/ors/ors166.html (retrieved 2026-10-12; 2025 edition)

(1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

Related provisions

  • ORS 166.170: state preemption of local firearm regulation (quoted above); other 166.17x sections allow limited local discharge/loaded-carry rules.
  • No Oregon "Firearms Freedom Act" / made-in-state suppressor law found.
  • Measure 114 (permit-to-purchase and large-capacity magazine provisions in ORS ch. 166) is a separate law outside this guide.

Post-ruling guidance and recent legislation

None found as of 2026-10-12. The statute's history line shows no 2025-2026 amendment to ORS 166.272.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Pennsylvania

Suppressors: Unsettled

Short answer for Pennsylvania: I found no item-specific state restriction on possessing SBRs; general firearm laws still apply. The answer for suppressors, SBSs and AOWs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledUnsettled; the cautious assumption is that it is covered. § 908 "offensive weapons" includes a "firearm specially made or specially adapted for concealment or silent discharge"; whether a bare suppressor is a "firearm" under § 908(c) is not settled by the text I could see. If covered, § 908(b)(1) defense applies.Federal compliance ("complied with the National Firearms Act")
SBRNo item-specific restriction foundNo rifle barrel-length limit appears in § 908's offensive-weapon list (only "sawed-off shotgun with a barrel less than 18 inches"); I did not find another state restriction, but this is a reading of the text.None needed
SBSUnsettledRestricted, with an exception: "sawed-off shotgun with a barrel less than 18 inches" is an offensive weapon; § 908(b)(1) defenseFederal compliance
AOWUnsettledRestricted, with an exception, only if it is a firearm "specially made or specially adapted for concealment or silent discharge"; otherwise not listed.Federal compliance where covered; otherwise none needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear. The defense in § 908(b)(1) says the defendant "complied with the National Firearms Act" and is an affirmative defense the defendant must prove by a preponderance. It names compliance, not registration, but "complied" is past tense and the NFA statutes remain on the books. SBRs appear to be outside § 908.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Pennsylvania, the exception for suppressors, SBSs and AOWs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Pennsylvania has no stand-alone silencer statute that I found and no state NFA registry. Section 908 makes making, repairing, selling, dealing in, using or possessing an "offensive weapon" a first-degree misdemeanor "except as authorized by law."

Coverage: the offensive-weapons definition names machine guns, "sawed-off shotgun with a barrel less than 18 inches," and "firearm specially made or specially adapted for concealment or silent discharge." Only shotguns have a barrel-length trigger (under 18 in.). No rifle length is named, so barrel length alone does not bring a rifle within the quoted definition. Whether a suppressor is covered turns on whether it is a "firearm" under § 908(c)'s definition (a weapon designed to or readily converted to expel a projectile by explosive action, or its frame or receiver). One reading is that a bare suppressor is not a "firearm," while a firearm with an integral suppressor, or a firearm built to be silent, plausibly is; the cautious assumption is that a suppressor is covered until a court or the state attorney general says otherwise. That is interpretation, not statute text. An AOW appears to be covered only if it fits the concealment/silent-discharge clause.

Exception: § 908(b)(1) is an affirmative defense (defendant's burden, preponderance) that the person "complied with the National Firearms Act." That is federal compliance wording rather than "registered," but courts could read compliance as requiring registration and tax payment. After the Oct. 9 ATF letter, how this wording applies to an unregistered item is untested, and a prosecutor could argue the NFA statutes still apply. The cautious assumption is that the defense may not cover an unregistered item until a court or the state attorney general says otherwise. Because it is a defense, the person bears the risk of proving it at trial. Penalty: first-degree misdemeanor.

Section 908(b)(3) separately says the section "shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth." I have not found how the courts apply that sentence to a suppressor or a short shotgun, so I do not rely on it here.

Statutory text

18 Pa.C.S. § 908 — Prohibited offensive weapons

Source: law.justia.com/codes/pennsylvania/title-18/chapter-9/se… (retrieved 2026-10-12; Justia "2025 Pennsylvania Consolidated Statutes" edition, reflecting the Nov. 3, 2022 amendment by Act 119)

(a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

(b) Exceptions.--

(1) It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.

[...]

(3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.

(c) Definitions.-- [...]

"Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

18 Pa.C.S. § 6102 — Definition of "firearm"

Source: law.justia.com/codes/pennsylvania/title-18/chapter-61/s… (retrieved 2026-10-12; Justia 2025 edition)

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

This definition governs the Uniform Firearms Act licensing and prohibited-person provisions (e.g. §§ 6105, 6106), so short-barreled rifles and shotguns are treated like handguns for carry-license purposes. It is not a ban and has no NFA-registration condition.

Related provisions

  • PA assault-weapon ban: none known.

Post-ruling guidance and recent legislation

  • No Pennsylvania AG or PSP statement found as of 2026-10-12. 2022 Act 119 amended § 908 (definition, knives).

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Rhode Island

Suppressors: Prohibited under state law

Short answer for Rhode Island: The answer for AOWs is unsettled. On the text, state law bars ordinary civilian possession of suppressors, SBRs and SBSs. For AOWs it depends on the item: some fall under Rhode Island's pistol licensing rules, and the rest are not separately named.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorProhibited under state lawBanned (manufacture, sale, purchase, possession); only exception is on-duty law enforcement tactical teamsBanned
SBRProhibited under state lawBanned ("sawed-off rifle": barrel < 16" or overall length < 26"); no exception in the subsectionBanned
SBSProhibited under state lawBanned ("sawed-off shotgun": barrel < 18" or overall length < 26"); no exception in the subsectionBanned
AOWUnsettledNot separately named; a concealable "pistol" definition (shotgun/rifle/similar weapon under 26" overall) pulls some AOWs into the pistol licensing regime; otherwise unclear.Unclear (state permit for pistol-defined items)

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal — The suppressor and sawed-off long-gun prohibitions as quoted contain no federal-law or NFA-registration exception, so ATF's non-enforcement does not appear to change state-law status.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. Registration does not help with suppressors, SBRs and SBSs in Rhode Island: the restriction there applies whether or not the item is federally registered. For AOWs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Rhode Island bans suppressors outright under § 11-47-20: manufacture, sale, purchase and possession are unlawful, with the only stated exception for law enforcement tactical teams on duty. There is no federal-law, NFA, or registration exception in the text. Penalty is imprisonment of not less than one year and one day. Sawed-off rifles (<16" barrel or <26" overall) and shotguns (<18" barrel or <26" overall) are banned by § 11-47-8(b) with up to 10 years and/or $5,000. That subsection has no exception, so an NFA-registered SBR/SBS also appears to be unlawful for ordinary civilians; this is my reading of the text. AOWs are not named; short smooth-bore or rifled weapons under 26" overall fall within the state "pistol" definition and so would need pistol-licensing compliance, and some may also be "sawed-off" items. Because none of the key prohibitions depend on federal status, ATF's Oct. 9, 2026 enforcement-discretion policy has no apparent effect on state liability. The text says nothing about federal registration, so the question of "unregistered but not federally prosecuted" does not appear to arise; suppressors, SBRs and SBSs appear to be illegal regardless; for AOWs it depends on the item.

Statutory text

R.I. Gen. Laws § 11-47-20 — Sale or possession of silencers

Source: webserver.rilegislature.gov/Statutes/TITLE11/11-47/11-4… (retrieved 2026-10-12; history ends P.L. 2024, ch. 320 and ch. 321, both eff. June 25, 2024)

It shall be unlawful within this state to manufacture, sell, purchase, or possess any muffler, silencer, or device for deadening or muffling the sound of a firearm when discharged; provided, however, that law enforcement officers utilizing said devices while acting within the scope of their official duties, as tactical teams and under the direct supervision of the police chief or the colonel of the state police or their designee, shall not be in violation of this section. Violations of this section shall be punished by imprisonment for not less than one year and one day.

R.I. Gen. Laws § 11-47-8 — License or permit required for carrying pistol; other weapons prohibited

Source: webserver.rilegislature.gov/Statutes/TITLE11/11-47/11-4… (retrieved 2026-10-12; history ends P.L. 2023, ch. 395, art. 2, § 3, eff. June 27, 2023). No amendment in 2024-2026 appears in the history line; there is no exception for NFA-registered short-barreled rifles or shotguns.

(a) [...] No person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this chapter. Every person violating the provision of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both [...]

(b) No person shall have in his or her possession or under his or her control any sawed-off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five thousand dollars ($5,000), or both.

(d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger crank, or any other device that when attached to a semi-automatic weapon allows full-automatic fire. [...]

(e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process. [...] These provisions shall not apply to federally licensed manufacturers (Federal Firearm License Type 07) pursuant to Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations.

R.I. Gen. Laws § 11-47-2 — Definitions

Source: webserver.rilegislature.gov/Statutes/TITLE11/11-47/11-4… (retrieved 2026-10-12; history ends P.L. 2025, ch. 428, § 1, eff. July 2, 2025)

(11) "Machine gun" means any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. [...]

(14) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six inches (26"), but does not include any pistol or revolver designed for the use of blank cartridges only.

(15) "Rifle" shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. ch. 53 (prior § 5801 et seq.).

(16) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches (26") or barrel length of less than sixteen inches (16").

(17) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six inches (26") or barrel length of less than eighteen inches (18").

(19) "Shotgun" shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. ch. 53 (prior § 5801 et seq.).

No definition of "silencer" in § 11-47-2; § 11-47-20 defines by function. Note the circularity: "rifle" and "shotgun" are defined as items NOT subject to NFA registration by barrel/overall length, yet "sawed-off" rifle/shotgun are defined using "rifle"/"shotgun". Nothing in the text exempts NFA-registered items. How this wording applies to an unregistered item is untested.

Related provisions

  • Chapter 11-47.2, "Unlawful Sale of Prohibited Firearms" (2025 Public Laws ch. 281, effective July 1, 2026): "No person shall manufacture, sell, offer to sell, transfer, or purchase a prohibited firearm, except as otherwise authorized under this section." "Prohibited firearm" is defined by features (for example a semi-automatic rifle that accepts a detachable magazine and has a listed feature such as a folding or telescoping stock, or "a flash suppressor or threaded barrel designed to accommodate a flash suppressor"). It restricts making, selling and buying, not possession already lawfully held. Source: webserver.rilegislature.gov/PublicLaws/law25/law25281.h… (retrieved 2026-10-13; "Enacted 06/26/2025")
  • Machine guns: § 11-47-8(a) (no civilian exception seen).
  • Bump-fire/binary/trigger-crank devices: § 11-47-8(d).
  • Ghost guns/undetectable firearms: § 11-47-8(e).

Post-ruling guidance and recent legislation

  • No Rhode Island AG, State Police or agency statement found as of 2026-10-12.
  • Recent legislation: P.L. 2024 ch. 320 and 321 (June 25, 2024) amended § 11-47-20; P.L. 2025 ch. 428 amended § 11-47-2.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

South Carolina

Suppressors: No item-specific restriction found

Short answer for South Carolina: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. On the text, state law bars ordinary civilian possession of SBRs and SBSs. Whether the state's federal-authorization exception covers SBRs and SBSs at all is disputed: a 2002 informal opinion of the Attorney General's office reads it as excluding them.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (I reviewed Title 16 ch. 23 and Title 23 ch. 31, and checked Title 50 chs. 1, 9 and 11 and S.C. Code of Regs. ch. 123 (Department of Natural Resources) for "silencer," "suppressor" and "muffler"; the only hit is a definition, not a prohibition)None needed
SBR ("sawed-off rifle")Prohibited under state lawBanned for ordinary civilians; felony (up to 10 yrs / $10,000). Exception for "any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization"Federal registration (affirmative federal authorization)
SBS ("sawed-off shotgun")Prohibited under state lawSame as SBRFederal registration (affirmative federal authorization)
AOWNo item-specific restriction foundNot separately defined in Title 16 ch. 23 or Title 23 ch. 31, and no other provision there reaches the category; the "sawed-off" definitions reach only rifles with barrels under 16 in., shotguns with barrels under 18 in., and weapons made from a rifle or shotgun that as modified measure under 26 in. overall.None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Clear-illegal (on the text) for SBRs/SBSs. The only exception an ordinary civilian could point to covers a person "authorized to possess these weapons" by Treasury, ATF or another federal agency "empowered to grant this authorization," and an item made or transferred without federal approval has no such authorization. A 2002 informal opinion of the South Carolina Attorney General's office goes further and reads "these weapons" in that exception as machine guns and military firearms only, so that it would not reach sawed-off shotguns or rifles at all (see Case law and AG opinions). On either reading the exception does not cover an unregistered SBR or SBS. No state restriction on suppressors or AOWs was found.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In South Carolina, state law prohibits sawed-off rifles and shotguns, and whether its federal-authorization exception covers them at all is disputed: a 2002 informal opinion of the Attorney General's office reads it as excluding them. Federal registration alone should not be treated as settling the question.

Analysis

South Carolina has no suppressor statute that I could find. SBRs and SBSs fall under the "sawed-off rifle/shotgun" definitions (rifle barrel under 16 in., shotgun barrel under 18 in., and apparently overall length under 26 in.). Transport, possession, storage and sale are felonies (up to 10 years, $10,000). The exception that matters for civilians is the second paragraph of § 16-23-250: "any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization." The SLED registration regime (§§ 23-31-320/-330) applies to persons already exempted by § 23-31-320 (military, peace officers, licensed manufacturers, relics) and, read literally, does not create a civilian registration path. Textually, the authorization wording reads as requiring affirmative federal authorization (e.g., an approved Form 1 or 4), not merely absence of federal prosecution. One ambiguity: the sentence mentions "manufacturer of machine guns or military firearms" and "machine gun or military firearm" carriers, so a court might ask whether "these weapons" reaches sawed-off rifles/shotguns; § 16-23-230's cross-reference to § 16-23-250 suggests it does. Under ATF's Oct. 9 policy, an SBR/SBS made or transferred without approval would have no such authorization, and the state SLED registration scheme is a separate hurdle. That is my interpretation; ATF's discretion is not an "authorization" in any textual sense, but a court could read it either way; the cautious assumption is that the exception may not cover an unregistered item until a court or the state attorney general says otherwise. AOWs other than modified rifles/shotguns are not addressed by Article 3 of Title 16 ch. 23 or by Title 23 ch. 31 as I read them.

Statutory text

S.C. Code § 16-23-210 — Definitions

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

When used in this article:

(a) "Machine gun" applies to and includes any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination or parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

(b) "Sawed-off shotgun" means a shotgun having a barrel or barrels of less than eighteen inches in length or a weapon made from a shotgun which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than eighteen inches in length.

(c) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each pull of the trigger. The term includes any such weapon which may be readily restored to fire a fixed shotgun shell but does not include an antique firearm as defined in this section.

(d) "Sawed-off rifle" means a rifle having a barrel or barrels of less than sixteen inches in length or a weapon made from a rifle which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than sixteen inches in length.

(e) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. The term includes any such weapon which may be readily restored to fire a fixed cartridge but does not include an antique firearm as described in this section.

(f) "Antique firearm" means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(g) "Military firearm" means any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government and does not include a pistol, rifle, or shotgun which fires only one shot for each pull of the trigger.

S.C. Code § 16-23-220 — Unlawful transportation

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

It is unlawful for a person to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

S.C. Code § 16-23-230 — Unlawful storing, keeping, or possessing

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

S.C. Code § 16-23-240 — Unlawful sale, rental, or giving away

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

S.C. Code § 16-23-250 — Exceptions to application of article

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or persons on duty in the postal service of the United States or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun, or sawed-off rifle, may possess machine guns, or sawed-off shotguns, or sawed-off rifles, when required in the performance of their duties. The provisions of this section must not be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.

The provisions of this article do not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, any common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370.

S.C. Code § 16-23-260 — Penalties

Source: scstatehouse.gov/code/t16c023.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

A person violating the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

S.C. Code § 23-31-320 — Application of article, exceptions

Source: scstatehouse.gov/code/t23c031.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

The provisions of this article shall not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of such organizations. Any peace officer of the State or of any county or other political subdivision thereof, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of any state prison, penitentiary, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or person on duty in the postal service of the United States or any common carrier while transporting direct to any police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun or sawed-off rifle, may possess machine guns, or sawed-off shotguns or sawed-off rifles, when required in the performance of their duties. Nor shall the provisions hereof be construed to apply to machine guns, or sawed-off shotguns or sawed-off rifles, kept for display as relics and which are rendered harmless and not usable.

The provisions of this article shall not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., nor to any common or contract carrier transporting or shipping any machine guns or military firearms to or from such manufacturer if the transportation or shipment is not prohibited by federal law. Any such manufacturer shall furnish to the South Carolina Law Enforcement Division the serial numbers of all machine guns or military firearms manufactured by it within thirty days of such manufacture and shall be subject to the penalties provided in Section 23-31-340 for noncompliance.

S.C. Code § 23-31-330 — Lawful possession, application and registration

Source: scstatehouse.gov/code/t23c031.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

(A) Every person permitted by Section 23-31-320 to possess a machine gun or sawed-off shotgun or sawed-off rifle, and any person elected or appointed to any office or position which entitles the person to possess a machine gun or sawed-off shotgun or sawed-off rifle, upon taking office, shall file with the State Law Enforcement Division on a blank to be supplied by the division on request an application which is properly sworn. The application must be approved by the sheriff of the county in which the applicant resides or has his principal place of business and include the applicant's name, residence and business address, physical description, whether or not ever charged or convicted of any crime, municipal, state, or otherwise, and where, if charged, and when it was disposed of. The applicant shall also give a description including the serial number and make of the machine gun or sawed-off shotgun or sawed-off rifle which he possesses or desires to possess. The State Law Enforcement Division shall file the application in its office. The division shall register the applicant together with the information required in the application in a book or index to be kept for that purpose, assign to him a number, and issue to him a card which shall bear the signature of the applicant and which he shall keep with him while he has the machine gun or sawed-off shotgun or sawed-off rifle in his possession. This registration must be made on the date application is received and filed with the division. The registration expires on December thirty-first of the year in which the license is issued.

(B) No permit or registration required by the provisions of this section is required where weapons are possessed by a governmental entity which has a significant public safety responsibility for the protection of life or property.

S.C. Code § 23-31-510 — Local regulation prohibited

Source: scstatehouse.gov/code/t23c031.php (retrieved 2026-10-12; history notes show no change to these sections after 2001/2008)

No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate:

(1) the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or [...]

Related provisions

  • Machine guns: § 16-23-210 to -260; same exceptions. Military firearms also covered.
  • Destructive devices: § 16-23-710(7), -720 (Article 7).
  • § 16-23-270: antique firearms excluded.
  • § 16-23-280: federally licensed manufacturers may make and sell MGs/military firearms in SC.
  • § 23-31-510: state preemption of local firearm regulation.
  • § 23-31-1050(5) (Title 23, ch. 31, art. 10, definitions for §§ 23-31-1030 and -1040): "'Firearm muffler or firearm silencer' means a device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication." It appears only in the definitions for the article on persons adjudicated as mental defectives or committed to a mental institution (§§ 23-31-1030, -1040), which bars those persons from firearms, a term that includes silencers; it does not restrict other owners, and I found no general prohibition on possessing a silencer. Source: scstatehouse.gov/code/t23c031.php (retrieved 2026-10-12; history shows 2013 Act No. 22, eff. August 1, 2013)
  • Hunting rules (Department of Natural Resources): I searched Title 50, chs. 1, 9 and 11, and S.C. Code of Regs. ch. 123 for "silencer," "suppressor" and "muffler." Title 50 has no hit. Chapter 123 has one hit for "muffler," which is a requirement that motorized vehicles on certain lands have "properly working mufflers"; it concerns vehicles, not firearms. The Wildlife Management Area weapons rule says hunters "may use any shotgun, rifle, bow and arrow, crossbow or hand gun except that specific weapons may be prohibited on certain hunts," bars "armor piercing, tracer, incendiary, or full metal jacket bullets or .22 or smaller rimfire" for big game, and says nothing about suppressors either way. I read the silence as neither a ban nor an approval, and a hunter should confirm with DNR before taking a suppressor afield. Source: scstatehouse.gov/coderegs/Chapter%20123.pdf (retrieved 2026-10-12; chapter text with editor's notes through SCSR 49-10, effective October 7, 2025)
  • No assault-weapon or similar statute found in the chapters I reviewed.

Post-ruling guidance and recent legislation

None found as of 2026-10-12 (no AG, SLED, or DNR statement or 2025-2026 amendment located) (other than the multistate letter to Congress below, which does not address South Carolina law).

  • Sept. 4, 2026: South Carolina's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address South Carolina law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Case law and AG opinions

  • S.C. Attorney General's office, informal opinion of Feb. 28, 2002 (to the Bureau of Alcohol, Tobacco and Firearms, "Re: Possession of Machine Guns in South Carolina") — scag.gov/wp-content/uploads/2013/04/02feb28lieberman.pdf. ATF asked whether the language added to § 16-23-250 in 2001 ("any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization") applies only to machine guns and military firearms or also to sawed-off shotguns and rifles. The answer: "As this portion of the statute expressly refers only to machine guns and military firearms, sawed-off shotguns and rifles do not appear to be contemplated by this amendment to S.C. Code Ann. § 16-23-250. This conclusion, however, is not free from doubt and perhaps legislative clarification is necessary." The letter describes itself as "an informal opinion only," written by an assistant attorney general and not "personally scrutinized by the Attorney General."
  • S.C. Attorney General's office, opinion of Sept. 15, 2003 — scag.gov/wp-content/uploads/2013/03/03sept-15-Church.pdf. Concerns machine guns and the State Law Enforcement Division registry; it quotes § 16-23-250 and cites the 2002 opinion, and does not address sawed-off shotguns or rifles separately.

Net effect: The informal 2002 Attorney General's office opinion reads the exception as not reaching sawed-off shotguns or rifles at all, which would leave no federal-authorization exception for a civilian SBR or SBS, registered or not. The opinion is informal, more than twenty years old and says its conclusion "is not free from doubt," so the cautious assumption is that it could be applied.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

South Dakota

Suppressors: No item-specific restriction found

Short answer for South Dakota: I found no item-specific state restriction on possessing suppressors, SBRs or AOWs; general firearm laws still apply. Registration or other requirements apply to SBSs.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (SDCL 22-1-2(8) says "controlled weapon" does not include a firearm silencer)None needed
SBRNo item-specific restriction foundNo state restriction found (the "short rifle" definition exists, but "controlled weapon" does not include it)None needed
SBSRegistration or other requirements applyRestricted, with an exception (a "short shotgun" is a "controlled weapon"; Class 6 felony unless federally licensed or registered)Federal registration
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBS only; no state restriction found for suppressors, SBRs and AOWs. I found no state law restricting those three. An unregistered short shotgun still falls under the SDCL 22-14-6 felony unless the owner "has registered the weapon with the proper federal authority pursuant to law", and that exception names registration. The cautious assumption is that the exception may not cover an unregistered short shotgun until a court or the state attorney general says otherwise.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In South Dakota, federal registration is a stated condition of the exception for SBSs; ATF's non-enforcement policy does not supply a registration.

Analysis

As currently written, SDCL 22-1-2(8) defines a "controlled weapon" as only a machine gun or short shotgun and expressly excludes a firearm silencer. The only operative use of "controlled weapon" in Title 22 (Crimes) is the possession offense in SDCL 22-14-6. I searched the full text of every title of the South Dakota Codified Laws (Titles 1 through 62) for "silencer," "suppressor," "muffler," "short rifle," "short shotgun," "sawed-off" and "short-barrel." Those terms for firearms appear only in the definitions section (22-1-2), in 22-14-6, in 22-14-12 and in the Firearms Freedom Act (chapter 37-35, described below). The only other hits are vehicle mufflers (SDCL 32-15-17 and 32-20A-2). The code has no assault-weapon definition. So I found no state restriction on suppressors, SBRs or AOWs. The "short rifle" definition in SDCL 22-1-2(46) has no operative use in those titles. The code also has no definition of an "any other weapon."

The only remaining federal-law dependency is the short shotgun. Possession is a Class 6 felony under SDCL 22-14-6 unless the person "has a federal license issued pursuant to law for the weapon or has registered the weapon with the proper federal authority pursuant to law." This is a registration-type exception because it requires an actual license or registration. On the text, an SBS that was never registered, even while ATF declines to enforce the registration requirement, does not fit that wording. That is my interpretation, not a holding. The cautious assumption is that the exception may not cover an unregistered SBS until a court or the state attorney general says otherwise.

The exception in subdivision (4) (circumstances negating any purpose or likelihood of unlawful use) expressly excludes a short shotgun, so on its face it does not apply to an SBS. A felony committed while armed with a firearm, "including a machine gun or short shotgun," carries an enhanced penalty (Class 2 felony, five-year minimum) under SDCL 22-14-12.

Statutory text

SDCL 22-14-6 — Possession of controlled weapon--Penalty--Exceptions

Source: sdlegislature.gov/Statutes/22-14-6 (retrieved 2026-10-12; history line ends SL 2026, ch 96, § 2)

Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. The provisions of this section do not apply to any person who:

(1) Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting in the lawful discharge of duties;

(2) Has a federal license issued pursuant to law for the weapon or has registered the weapon with the proper federal authority pursuant to law;

(3) Possesses a controlled weapon briefly after having found it or taken it from an offender; or

(4) Possesses any controlled weapon, other than a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully.

SDCL 22-1-2 — Definitions (selected subdivisions)

Source: sdlegislature.gov/Statutes/22-1-2 (retrieved 2026-10-12; history line ends SL 2026, ch 96, § 1; SL 2026, ch 97, § 1)

(8) "Controlled weapon" includes a machine gun and short shotgun, but does not include a firearm silencer;

[...]

(17) "Firearm silencer," any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any such weapon;

[...]

(23) "Machine gun," any firearm, whatever its size and usual designation, that automatically discharges two or more cartridges by a single function of the firing device;

[...]

(46) "Short rifle," any rifle having a barrel less than sixteen inches long, or an overall length of less than twenty-six inches;

(47) "Short shotgun," any shotgun having a barrel less than eighteen inches long or an overall length of less than twenty-six inches;

SDCL 22-14-12 — Commission of felony while armed with firearms (excerpt)

Source: sdlegislature.gov/api/Statutes/22-14-12.html?all=true (retrieved 2026-10-12; history line ends SL 2023, ch 82, § 12)

Any person who commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first conviction. [...]

Related provisions

  • SDCL 22-14-12 (armed felony) names machine guns and short shotguns specifically.
  • Local preemption: SDCL 7-18A-36 (counties) and SDCL 9-19-20 (municipalities) each provide that no county or municipality may pass an ordinance that "restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components," and that any such ordinance is "null and void." Both exempt generally applicable zoning ordinances, building regulations and fire codes that are not used to circumvent the prohibition. Sources: sdlegislature.gov/Statutes/7-18A-36 (retrieved 2026-10-12; history line ends SL 2019, ch 51, § 1) and sdlegislature.gov/Statutes/9-19-20 (retrieved 2026-10-12; history line ends SL 2019, ch 51, § 3).
  • Hunting: neither Title 41 of the statutes (Game, Fish, Parks and Forestry) nor the Game, Fish and Parks administrative rules in ARSD Title 41 (articles 41:01 through 41:14, including article 41:06, Hunting Seasons and Methods) mention a silencer, suppressor or muffler. Source: sdlegislature.gov/Rules/Administrative/41:06 (retrieved 2026-10-12; no currency date shown by the source).
  • Firearms Freedom Act, SDCL chapter 37-35. Section 37-35-1(1) defines "firearm accessory" to include a "flash or sound suppressor," and section 37-35-2 declares that a firearm accessory "manufactured commercially or privately in South Dakota and that remains within the borders of South Dakota is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce." The chapter does not mention SDCL 22-14-6 and does not change who can rely on a federal registration. I would not treat it as protection for an unregistered short shotgun. Source: sdlegislature.gov/Statutes/37-35-2 (retrieved 2026-10-12; history line ends SL 2010, ch 198, § 2).
  • No state assault-weapon law found in the titles reviewed.
  • SDCL 23-7-8.6 bars state agencies and political subdivisions from keeping a list, record or registry of privately owned firearms, so the state has no firearm registration scheme of its own.

Post-ruling guidance and recent legislation

  • Attorney General or agency statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter: None found as of 2026-10-12 (other than the multistate letter to Congress below, which does not address South Dakota law).
  • SL 2026, ch 97 (House Bill 1007, "An Act to amend the definition of law enforcement officer to include tribal law enforcement officers," signed March 9, 2026) also amends SDCL 22-1-2. Its marked text changes only the definition of "law enforcement officer" and the reference to the federal Chemical Safety Information, Site Security and Fuels Regulatory Relief Act in the critical-infrastructure definition. It does not change the firearm silencer, short rifle or short shotgun definitions. Source: sdlegislature.gov/api/Documents/305060.html (retrieved 2026-10-12; enrolled session law, deleted language shown by overstrike).
  • 2026 Senate Bill 2, "An Act to provide that a firearm silencer is not a controlled weapon" (became SL 2026, ch 96). The Legislature's bill history shows it was reported "Do Pass Amended" in the Senate (2026-01-23) and in the House (2026-01-29) and was signed by the Governor on 2026-02-11. The enrolled bill amends SDCL 22-1-2(8) and SDCL 22-14-6 and contains no emergency clause or special effective date, so under SDCL 2-14-16 it took effect on July 1, 2026. Sources: sdlegislature.gov/api/Documents/299647.html (retrieved 2026-10-12; enrolled bill), sdlegislature.gov/api/Bills/ActionLog/26339 (retrieved 2026-10-12; action log through "Signed by the Governor") and sdlegislature.gov/Statutes/2-14-16 (retrieved 2026-10-12).
  • What the bill changed. Before the bill, SDCL 22-1-2(8) read: "'Controlled weapon' includes any firearm silencer, machine gun, or short shotgun, as those terms are defined in subdivisions (17), (23), and (46) of this section." SDCL 22-14-6(2) read: "Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law," and subdivision (4) read: "Possesses a controlled weapon, except a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully." Source: sdlegislature.gov/api/Documents/291292.html (retrieved 2026-10-12; introduced version, with deleted language shown by overstrike). The enrolled text removes the references to state licenses and state registration from subdivision (2).
  • Sept. 4, 2026: South Dakota's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address South Dakota law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Tennessee

Suppressors: No item-specific restriction found

Short answer for Tennessee: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (not listed in § 39-17-1302(a))None needed
SBRNo item-specific restriction foundNo state restriction found (state prohibition deleted effective 7/1/2022, Pub. Ch. 1038)None needed
SBSNo item-specific restriction foundNo state restriction found (same 2022 deletion)None needed
AOWNo item-specific restriction foundNo state restriction found; not listed in § 39-17-1302(a).None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found - the current text of § 39-17-1302(a) does not list suppressors, SBRs or SBSs, so the federal-compliance exception in subsection (d) does no work for those items.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Tennessee that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

The quoted current text of §§ 39-17-1301 and 39-17-1302 does not list silencers, short-barrel rifles or short-barrel shotguns as prohibited weapons, and no Tennessee statute restricting civilian possession, manufacture, transport, repair or sale of them was found. The 2022 act deletes subdivision (a)(4). I found no categorical prohibition on AOWs: they are not named in the § 39-17-1302(a) list. How the list's general clause applies to a particular item is unresolved.

The only federal-law-linked provision that remains is the exception in subsection (d), which requires full compliance with the National Firearms Act and applies to machine guns alone. Because suppressors and SBRs/SBSs are not in subsection (a), no exception is needed for them. That is my interpretation. For machine guns, the state exception requires full compliance with the NFA, and federal law (18 U.S.C. 922(o)) independently bars new civilian MGs; that is unaffected by the ATF letter.

Implication: on my reading, the state offense for a suppressor/SBR/SBS does not depend on registration, so an unregistered one that ATF no longer pursues may not violate Tennessee law; the cautious assumption is that this is unconfirmed until a court or the state attorney general says otherwise.

Statutory text

2022 Tenn. Pub. Acts ch. 1038 (SB 2628 / HB 2509) - deletes SBR/SBS from § 39-17-1302(a)

Source: capitol.tn.gov/Bills/112/Bill/SB2628.pdf (retrieved 2026-10-12; official legislature bill text, as filed)

The legislature's bill status page (wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumb…) says "As enacted, removes a short-barrel rifle or shotgun from the list of weapons the possession, manufacture, transport, repair, or sale of which is prohibited under state law," Pub. Ch. 1038, signed 05/25/2022, effective 07/01/2022. The text quoted below is the bill as filed; the enrolled Public Chapter 1038 (publications.tnsosfiles.com/acts/112/pub/pc1038.pdf, retrieved 2026-10-13) reads the same.

SECTION 1. Tennessee Code Annotated, Section 39-17-1302, is amended by deleting subdivision (a)(4) in its entirety.

SECTION 2. This act takes effect July 1, 2022, the public welfare requiring it.

Tenn. Code Ann. § 39-17-1302 - Prohibited weapons

Source: lexisnexis.com/hottopics/tncode/ (retrieved 2026-10-13; current through the 2026 Regular Session and the 2026 2nd Extraordinary Session)

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) Hoax device;

(5) Knuckles; or

(6) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.

[...]

(d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§ 5841-5862).

Subsection (a) as currently in force lists no firearm silencer and no short-barrel rifle or shotgun. The only NFA-linked provision is subsection (d), which applies to machine guns alone.

Tenn. Code Ann. § 39-17-1301 - Part definitions (selected)

Source: lexisnexis.com/hottopics/tncode/ (retrieved 2026-10-13; current through the 2026 Regular Session and the 2026 2nd Extraordinary Session)

(10) "Machine gun" means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger and includes any part, or combination of parts, designed and intended solely for use in converting a firearm into a machine gun;

(14) "Short barrel" means a barrel length of less than sixteen inches (16") for a rifle and eighteen inches (18") for a shotgun, or an overall firearm length of less than twenty-six inches (26");

"Short barrel" is still defined in § 39-17-1301 even though § 39-17-1302(a) no longer uses the term. The definitions section contains no definition of a silencer or suppressor.

Related provisions

  • Tenn. Code Ann. § 39-17-1301 definitions: quoted above.
  • No state assault-weapon law that catches SBRs/SBSs was identified.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for a Tennessee AG or state agency statement on the Aug. 5, 2026 ruling or Oct. 9, 2026 ATF letter.
  • Legislation: Pub. Ch. 1038 (2022) removed SBR/SBS from § 39-17-1302(a).
  • 2025 Tenn. Pub. Acts ch. 513 (HB 1093, effective July 1, 2025) broadened the "machine gun" definition in § 39-17-1301 to include conversion parts and changed cross-references in § 39-17-1302. It did not add suppressors or short-barreled firearms to the prohibited list. Source: publications.tnsosfiles.com/acts/114/pub/pc0513.pdf (retrieved 2026-10-13)
  • 2026 Tenn. Pub. Acts ch. 892, § 8 rewrote § 39-17-1302(b)(1) to add the space force to the list of armed services in the official-duty defense. It did not change the prohibited list in subsection (a). Source: publications.tnsosfiles.com/acts/114/pub/pc0892.pdf (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Texas

Suppressors: No item-specific restriction found

Short answer for Texas: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (state prohibition removed in 2021; state law defines and affirmatively encourages Texas-made suppressors)None needed
SBRNo item-specific restriction foundNo state restriction found (SB 1596, 89th Leg., eff. Sept. 1, 2025, removed "short-barrel firearm" from Penal Code § 46.05 and repealed the § 46.01(10) definition; no Texas prohibition remains for offenses on or after that date)None needed
SBSNo item-specific restriction foundNo state restriction found (same as SBR)None needed
AOWNo item-specific restriction foundNo state restriction found (the former "short-barrel firearm" catch-all is gone)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — for suppressors, SBRs, SBSs and AOWs. Texas Penal Code § 46.05 no longer lists any of them (SBR/SBS removed by SB 1596, effective Sept. 1, 2025, for offenses on or after that date), so the state provisions do not depend on NFA registration. Machine guns are unaffected.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Texas that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Texas Penal Code § 46.05 as amended lists none of the four items. Suppressors: HB 957 (2021) repealed the "firearm silencer" definition and removed silencers from § 46.05. SBRs/SBSs: SB 1596 (2025, effective Sept. 1, 2025) deleted "short-barrel firearm" from § 46.05(a)(1) and from the § 46.05(d)(1) antique/curio defense, and repealed the § 46.01(10) definition (enrolled text quoted in the Statutory text section). Texas no longer restricts AOWs through the former short-barrel-firearm definition. A particular device may still fall within another prohibited category, such as a zip gun. The earlier registration-type exception ("registered in the [NFRTR] ... or otherwise not subject to that registration requirement ... or ... curio or relic") now applies only to explosive weapons and machine guns.

Consequently no offense under Texas Penal Code § 46.05 for an unregistered SBR, SBS, suppressor or AOW was found for conduct on or after Sept. 1, 2025, whatever ATF does, so the open question about "otherwise not subject to that registration requirement" is moot for these items. Offenses committed before Sept. 1, 2025 remain governed by the former law (Section 3 of the act). Gov't Code § 2.102 additionally bars Texas state and local entities from enforcing federal suppressor regulation that has no Texas counterpart. Federal law is unaffected by any of this: the NFA statutes remain on the books, and the Oct. 9, 2026 ATF letter is enforcement discretion, not repeal. The Gov't Code ch. 2 "Made in Texas" provisions are state assertions of non-regulation and do not themselves override federal law. This is my interpretation of the statutory text; I did not find any Texas court decision on SB 1596.

Statutory text

Tex. Penal Code § 46.05 — Prohibited Weapons (as amended by S.B. 1596, 89th Leg., R.S., eff. Sept. 1, 2025)

Source: statutes.capitol.texas.gov/docviewer?docName=PE.46.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

The history line of § 46.05 ends "Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 1, eff. September 1, 2025"; § 46.05(e) says "Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. An offense under Subsection (a)(5) is a state jail felony." Enrolled bill: capitol.texas.gov/tlodocs/89R/billtext/html/SB01596F.htm ; history: capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&B…. Surviving text reads:

(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:

(A) an explosive weapon; or

(B) a machine gun;

(2) armor-piercing ammunition;

(3) a chemical dispensing device;

(4) a zip gun;

(5) a tire deflation device; or

(6) an improvised explosive device.

[...]

(d) It is an affirmative defense to prosecution under this section that the actor's conduct:

(1) was incidental to dealing with a tire deflation device solely as an antique or curio; [...]

Enrolled bill: "SECTION 2. Section 46.01(10), Penal Code, is repealed." (the "short-barrel firearm" definition). "SECTION 3. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. [...] the former law is continued in effect for that purpose." "SECTION 4. This Act takes effect September 1, 2025." Caption: "Relating to the prohibition of short-barrel firearms." (Subsections (b), (e) and the penalty are unchanged by the bill.)

Superseded text (before Sept. 1, 2025), for offenses committed earlier: § 46.05(a)(1)(C) "a short-barrel firearm" and § 46.01(10) "a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches." Source: texas.public.law/statutes/tex._penal_code_section_46.05 (retrieved 2026-10-12; pre-amendment text)

Tex. Penal Code § 46.01 — Definitions (relevant parts)

Source: statutes.capitol.texas.gov/docviewer?docName=PE.46.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

The official page shows (10) as "Repealed by Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 2, eff. September 1, 2025."

(4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 3, eff. September 1, 2021.

(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

(10) Repealed by Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 2, eff. September 1, 2025.

(Former § 46.01(4) was the "firearm silencer" definition; repealed 2021.)

Tex. Gov't Code § 2.001 — Definitions (Firearm Suppressor Regulation chapter)

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

(2) "Firearm suppressor" means any device designed, made, or adapted to muffle the report of a firearm.

Tex. Gov't Code § 2.051 — Meaning of "manufactured in this state"

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

(The quote is § 2.051(a); the official page also has a subsection (b).)

(a) For the purposes of this subchapter, a firearm suppressor is manufactured in this state if the item is manufactured: (1) in this state from basic materials; and (2) without the inclusion of any part imported from another state other than a generic and insignificant part.

Tex. Gov't Code § 2.052 — Not Subject to Federal Regulation

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

(The quote is § 2.052(a); the official page also has a subsection (b).)

(a) A firearm suppressor that is manufactured in this state and remains in this state is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.

Tex. Gov't Code § 2.053 — Marketing of Firearm Suppressor

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

A firearm suppressor manufactured and sold in this state must have the words "Made in Texas" clearly stamped on it.

Tex. Gov't Code § 2.102 — State and Local Government Policy Regarding Enforcement of Federal Firearm Laws

Source: statutes.capitol.texas.gov/docviewer?docName=GV.2.htm (retrieved 2026-10-12; official site states statutes current through the 89th 2nd Called Legislative Session, 2025)

Section 2.101 applies this to the State, municipalities, counties, special districts, sheriffs, and district/county attorneys.

(a) An entity described by Section 2.101 may not adopt a rule, order, ordinance, or policy under which the entity enforces, or by consistent action allows the enforcement of, a federal statute, order, rule, or regulation that purports to regulate a firearm suppressor if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state.

(b) No entity described by Section 2.101 and no person employed by or otherwise under the direction or control of the entity may enforce or attempt to enforce any federal statute, order, rule, or regulation described by Subsection (a).

Related provisions

  • Tex. Gov't Code ch. 2, subch. B (§§ 2.051-2.054): suppressor made-in-Texas / federal non-regulation assertion; "Made in Texas" stamp.
  • Tex. Gov't Code §§ 2.101-2.104: state and local policy on enforcement of federal firearm laws (§§ 2.101-2.104: applicability, no-enforcement rule, loss of state grant funds, AG enforcement by mandamus).
  • Tex. Penal Code § 46.05 as it stood before SB 1596 made SBR/SBS registration-dependent; that is no longer current law.
  • No state assault-weapon law in Texas.
  • Machine guns and explosive weapons still share the § 46.05(a)(1) registration/C&R exception (the only items it now covers).

Post-ruling guidance and recent legislation

  • No Texas AG, DPS or other agency statement found on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter as of 2026-10-12 (other than the multistate letter to Congress below, which does not address Texas law).
  • Legislation: S.B. 1596 (89th Leg., R.S., 2025, Hagenbuch/Hayes; companion H.B. 259), "relating to the prohibition of short-barrel firearms", removed short-barrel firearms from § 46.05 and repealed § 46.01(10), effective Sept. 1, 2025. capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&B… ; text capitol.texas.gov/tlodocs/89R/billtext/html/SB01596F.htm. The current official text of § 46.05 on statutes.capitol.texas.gov reflects S.B. 1596.
  • Sept. 4, 2026: Texas's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Texas law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Utah

Suppressors: No item-specific restriction found

Short answer for Utah: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled. For SBRs and SBSs I found no general possession ban, but Utah makes it a felony to carry an "unlawfully" possessed one concealed and readily accessible, and the statute does not say whether an unregistered item counts. Separate rules apply to minors.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (no prohibition, license or registration found in Title 76 Ch. 11 or Title 53 Ch. 5a)None needed
SBRUnsettledNo state restriction found for adults (defined in statute, but no general possession ban found; regulated for minors and by the "unlawfully possesses" concealment offense, § 76-11-203, whose reach for an unregistered item is unresolved)None needed (but see § 76-11-203)
SBSUnsettledSame as SBRNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — Utah imposes no state-law registration or "compliance with federal law" condition on suppressors, SBRs, SBSs or AOWs; the item-specific hook is the undefined word "unlawfully" in the SBR/SBS concealment offense (76-11-203), a second-degree felony that applies to concealed, readily accessible carry. Utah's general firearm rules (age limits, restricted persons, schools and other places, carrying while impaired) also apply to these items.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Utah that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy. For SBRs and SBSs, whether registration matters depends on the particular item; see the short answer above.

Analysis

Utah does not appear to prohibit, license or register suppressors, SBRs, SBSs or AOWs for ordinary adults. The statutes reviewed define "short barreled rifle/shotgun" (under 16 / under 18 inches, or under 26 inches overall for altered weapons) and use those terms only in (a) the minor possession and transfer felonies (§§ 76-11-211, -212) and (b) the new concealment offense (§ 76-11-203). Suppressors are not defined or restricted anywhere I found; they appear only as a "firearm accessory" in the state-made-firearms and preemption provisions. There is therefore no federal registration or federal compliance exception to analyze: no general state ban on possession was found, but § 76-11-203 leaves an unresolved risk for an unregistered SBR or SBS carried concealed and readily accessible.

The one textual wrinkle is § 76-11-203, which makes it a second degree felony to conceal and keep readily accessible an "unlawfully possessed" SBR/SBS. The statute does not say what makes possession "unlawful." I could not tell whether that means state-law unlawfulness (for example a restricted person under Part 3) or federal unlawfulness (an unregistered NFA item). That is interpretation, not statutory text. ATF's Oct. 9 letter says ATF will not enforce the registration requirement, but the NFA statutes remain on the books and non-enforcement does not itself make possession lawful, so a prosecutor could argue federal unlawfulness; this affects only concealed, readily accessible carry. The cautious assumption is that "unlawfully" may reach an unregistered NFA item until a court or the state attorney general says otherwise. Penalties: 2nd degree felony (§ 76-11-203); 3rd degree felony for minors/transfers to minors (§§ 76-11-211, -212).

Statutory text

Utah Code § 76-11-101 — Definitions (Weapons chapter)

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S101.html (retrieved 2026-10-12; effective 5/7/2025)

Former § 76-10-501 was renumbered here by 2025 H.B. 21 (Ch. 173) and H.B. 128 (Ch. 208).

(4) "Firearm" means:

(a) a pistol, revolver, shotgun, short barreled shotgun, rifle, or short barreled rifle; or

(b) a device that could be used as a dangerous weapon from which a projectile is expelled by an explosive action.

[...]

(7)

(a) "Short barreled rifle" means a rifle having a barrel or barrels of fewer than 16 inches in length.

(b) "Short barreled rifle" includes a dangerous weapon made from a rifle by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.

(8)

(a) "Short barreled shotgun" means a shotgun having a barrel or barrels of fewer than 18 inches in length.

(b) "Short barreled shotgun" includes a dangerous weapon made from a shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.

(No definition of "silencer"/"suppressor" appears in this section; none is defined by reference to federal law.)

Utah Code § 76-11-201 — Definitions (Part 2, General Weapons Violations)

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S201.html (retrieved 2026-10-12; effective 5/6/2026)

(3) "Fully automatic weapon" means a firearm that fires, is designed to fire, or can be readily restored to fire, automatically more than one shot without manual reloading by a single function of the trigger.

[...]

(6) "Machinegun firearm attachment" means any part or combination of parts added to a semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.

Utah Code § 76-11-203 — Concealing an unlawfully possessed short barreled shotgun or short barreled rifle

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S203.html (retrieved 2026-10-12; effective 5/7/2025)

The section was "Enacted by Chapter 208, 2025 General Session".

(2) An actor commits concealing an unlawfully possessed short barreled shotgun or short barreled rifle if:

(a) the actor unlawfully possesses a short barreled shotgun or short barreled rifle;

(b) the actor conceals the unlawfully possessed short barreled shotgun or short barreled rifle in a covered, hidden, or secreted manner that the public would not be aware of the short barreled shotgun's or short barreled rifle's presence; and

(c) the short barreled shotgun or short barreled rifle is readily accessible for immediate use by the actor.

(3) A violation of Subsection (2) is a second degree felony.

Utah Code § 76-11-211 — Possession of a dangerous weapon by a minor (excerpt)

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S211.html (retrieved 2026-10-12; effective 5/7/2025)

Subsection (3)(b):

A violation of Subsection (2) is a third degree felony if the dangerous weapon is:

(i) a handgun;

(ii) a short barreled rifle;

(iii) a short barreled shotgun;

(iv) a fully automatic weapon; or

(v) a machinegun firearm attachment.

Utah Code § 76-11-212 — Transferring a handgun, short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor (excerpt)

Source: le.utah.gov/xcode/Title76/Chapter11/76-11-S212.html (retrieved 2026-10-12; effective 5/7/2025)

(2) An actor is guilty of transferring [...] if: (a) the actor transfers: [...] (ii) a short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor; and (b) the transferring of the firearm described in Subsection (2)(a): (i) would result in the minor committing a violation of Section 76-11-211 [...]; or (ii) is in violation of any other applicable state or federal law.

(3) [...] (b) a third degree felony if the violation is the result of transferring a short barreled rifle, short barreled shotgun, or fully automatic weapon to a minor.

Utah Code § 53-5a-102 — Uniform firearm laws (preemption) (excerpt)

Source: le.utah.gov/xcode/Title53/Chapter5A/53-5a-S102.html (retrieved 2026-10-12; effective 5/7/2025)

(The [...] in the quote elides the opening words.)

(1) [...] the Legislature occupies the whole field of state regulation of firearms.

(2) Except as specifically provided by state law, a local or state governmental entity may not: (a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm, ammunition, or a firearm accessory at the individual's place of residence, property, business, or in any vehicle in which the individual is lawfully present; or (b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm, ammunition, or a firearm accessory.

Utah Code § 53-5a-401 and -402 — Utah State-Made Firearms Protections (excerpts)

Source: le.utah.gov/xcode/Title53/Chapter5A/53-5a-S401.html and 53-5a-S402.html (retrieved 2026-10-12; effective 5/7/2025)

53-5a-401 (2) "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm [...] including: [...] (c) a flash or sound suppressor; [...]

53-5a-402 (8) A personal firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured commercially or privately in the state to be used or sold within the state is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.

Utah Code § 53-5a-203 — Federal Firearm Enforcement Limitation Act (excerpt)

Source: le.utah.gov/xcode/Title53/Chapter5A/53-5a-S203.html (retrieved 2026-10-12; effective 3/20/2023)

The section title is "Prohibition on enforcement."

(1) A law enforcement officer, state employee, or employee of a political subdivision is prohibited from implementing, enforcing, assisting, or cooperating in the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.

(Per § 53-5a-202(1)(b), "federal regulation" excludes a federal firearm statute, so this does not bar state help enforcing the NFA statute itself.)

Related provisions

  • Preemption: Utah Code § 53-5a-102 (whole-field preemption; covers firearm accessories); enforcement via Title 78B, Ch. 6, Part 23.
  • State-made firearms (Firearms Freedom Act analog): Utah Code §§ 53-5a-401 to -404 (accessories including suppressors; requires "Made in Utah" marking on firearms, actions, receivers). Declaratory only; federal law still applies in practice.
  • Federal Firearm Enforcement Limitation Act: §§ 53-5a-201 to -203 (limits certain state and local help in enforcing federal executive "regulations", not federal statutes, subject to substantial exceptions in § 53-5a-203(3) and (4)).
  • No state assault-weapon law found.
  • Machine guns: no general civilian prohibition found in the chapter text reviewed; see §§ 76-11-211, -212. Restricted-person provisions (Part 3, §§ 76-11-302 to -308) apply to all dangerous weapons.

Post-ruling guidance and recent legislation

  • No Utah AG, BCI or DPS statement found as of 2026-10-12.
  • Legislation: 2025 H.B. 21 (Ch. 173) and H.B. 128 (Ch. 208) recodified weapons law into Title 76 Ch. 11 and Title 53 Ch. 5a, effective May 7, 2025, and enacted § 76-11-203. Section 76-11-201 was amended by 2026 ch. 200 (H.B. 444, "State Land Access Road Amendments," effective May 6, 2026), which added definitions of "Class D road" and "Highway" and renumbered the rest; it did not change anything about suppressors or short-barreled firearms. Source: le.utah.gov/~2026/bills/static/HB0444.html (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Vermont

Suppressors: Unsettled

Short answer for Vermont: I found no item-specific state restriction on possessing SBRs, SBSs or AOWs; general firearm laws still apply. The answer for suppressors is unsettled. For suppressors, the unsettled part is making one; I found no Vermont statute on simply possessing one.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorUnsettledRestricted, with an exception (making/importing limited to federal licensees or persons "in compliance with 26 U.S.C. § 5822"; use limited to listed contexts (sport shooting range, hunting, LE, etc.); no state restriction on possession or purchase found)Federal compliance (making only; cites NFA making provision 26 U.S.C. § 5822 by section)
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for suppressors (making), No state restriction found for SBR/SBS/AOW. No Vermont restriction on possession of any of these was found; the only federal-law hook is the exception in 13 V.S.A. § 4010(b)(3) for making a suppressor "in compliance with" 26 U.S.C. § 5822, whose application while ATF declines to enforce the Form 1 approval requirement, which remains in federal law, is untested. Separately, 13 V.S.A. § 4083(b)(1) bars knowingly possessing a firearm, or a frame or receiver of a firearm, that is not serialized by a federal firearms licensee pursuant to federal law or § 4084, with exceptions including firearms manufactured before 1968; the subchapter does not define "firearm," so an unserialized homemade SBR, SBS or AOW (and possibly a suppressor) is the cautious worry. Under § 4083(c)(1) a person who manufactures a firearm must also have it serialized by a federal firearms licensee.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. For someone making a suppressor in Vermont, an approved Form 1 most plainly supports the § 4010(b)(3) exception. Section 4010 does not impose a registration condition on mere possession.

Analysis

Vermont's only NFA-item-specific criminal/civil statute is 13 V.S.A. § 4010 on suppressors. It does not prohibit possession, purchase or sale. It restricts (b) making/importing, and (c) use "in the State." The making exception for individuals is tied to compliance with 26 U.S.C. § 5822, the federal NFA making provision (which requires an approved application). That is federal compliance wording naming the federal statute rather than the NFRTR. Interpretation: § 5822 still requires advance approval. ATF's non-enforcement policy does not itself establish compliance with Vermont's making exception, and I found no controlling state interpretation addressing the policy. This is unresolved, and the cautious assumption is that the exception may not cover an unregistered individual-made suppressor until a court or the state attorney general says otherwise. The use restriction (c) is independent of federal law: a suppressor may be used only in listed contexts, notably at a sport shooting range or when taking game, and violation carries a $50 fine. Purchasing a factory suppressor and owning it is not restricted by § 4010 as quoted.

I found no Vermont statute restricting SBRs, SBSs or AOWs by barrel length or type, so no Vermont statute makes them depend on a federal exception. The one general law that could reach them is 13 V.S.A. § 4083(b)(1), which bars knowingly possessing a firearm, or a frame or receiver, that is not serialized by a federal firearms licensee pursuant to federal law or § 4084, with exceptions including firearms manufactured before 1968. The subchapter (§§ 4081-4084) does not define "firearm," and nothing in it mentions suppressors, barrel length or NFA categories. Other sections of chapter 85 that need a definition say so expressly (for example § 4026(c)(1): "'Firearm' has the same meaning as in section 4017 of this title"), and § 4017(d)(1)(A) includes "any firearm muffler or firearm silencer" and any weapon that "will or is designed to or may readily be converted to expel a projectile by the action of an explosive," but § 4083 contains no such cross-reference. The text therefore does not say whether a suppressor, SBR, SBS or AOW is a "firearm" for § 4083. My cautious reading is that a homemade or otherwise unserialized SBR, SBS or AOW (which expels a projectile by explosive action) could be treated as covered, and a suppressor possibly so; possession of an unserialized firearm is a civil penalty of up to $50.00 for a first offense, with escalating penalties after that, and a person who manufactures a firearm must have it serialized under § 4083(c)(1). Vermont's bump-stock law (13 V.S.A. § 4022) and large-capacity magazine law (13 V.S.A. § 4021) are separate and do not turn on NFA status. Penalties: $500 minimum fine per offense for unlawful making/importing; $50 fine per offense for unlawful use.

I reviewed all of Title 13 (chapters 1 through 232, including the full text of chapter 85 and its zip gun provision, § 4013, which penalizes possessing or selling "a weapon commonly known as a 'zip' gun" without defining it) and Title 10 Part 4, Fish and Wildlife (chapters 101 through 124). The only provisions using "silencer," "suppressor," "muffler," "short-barreled," or "sawed-off" are 13 V.S.A. §§ 4010 and 4017(d)(1)(A)(iii), 10 V.S.A. § 4701(d), the heading of 10 V.S.A. § 4704, and the definition of "gun suppressor" in 10 V.S.A. § 4001(41). None uses "short-barreled" or "sawed-off."

Statutory text

13 V.S.A. § 4010 — Gun suppressors

Source: legislature.vermont.gov/statutes/section/13/085/04010 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note ends 2023, No. 161 (Adj. Sess.), § 37, eff. June 6, 2024)

(a) As used in this section:

(1) "Gun suppressor" means any device for muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a gun suppressor, and any part intended only for use in such assembly or fabrication.

(2) "Sport shooting range" shall have the same meaning as used in 10 V.S.A. § 5227(a).

(b) A person shall not manufacture, make, or import a gun suppressor, except for:

(1) a licensed manufacturer, as defined in 18 U.S.C. § 921, who is registered as a manufacturer pursuant to 26 U.S.C. § 5802;

(2) a licensed importer, as defined in 18 U.S.C. § 921, who is registered as an importer pursuant to 26 U.S.C. § 5802; or

(3) a person who makes a gun suppressor in compliance with the requirements of 26 U.S.C. § 5822.

(c) A person shall not use a gun suppressor in the State, except for use by:

(1) a Level III certified law enforcement officer or Department of Fish and Wildlife employee in connection with the officer's or employee's duties and responsibilities and in accordance with the policies and procedures of that officer's or employee's agency or department;

(2) the Vermont National Guard in connection with its duties and responsibilities;

(3) a licensed manufacturer or a licensed importer, as defined in 18 U.S.C. § 921, who is also registered as a manufacturer or an importer pursuant to 26 U.S.C. § 5802, who in the ordinary course of the manufacturer's or importer's business as a manufacturer or as an importer tests the operation of the gun suppressor;

(4) a person lawfully using a sport shooting range; or

(5) a person taking game as authorized under 10 V.S.A. § 4701.

(d)(1) A person who violates subsection (b) of this section shall be fined not less than $500.00 for each offense.

(2) A person who violates subsection (c) of this section shall be fined $50.00 for each offense.

10 V.S.A. § 4701(d) — Hunting with suppressor

Source: legislature.vermont.gov/statutes/section/10/113/04701 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note ends 2023, No. 161 (Adj. Sess.), § 37, eff. June 6, 2024)

(d) A person taking game with a gun may possess, carry, or use a gun suppressor in the act of taking game.

10 V.S.A. § 4704(a) — Use of machine guns and autoloading rifles (hunting)

Source: legislature.vermont.gov/statutes/section/10/113/04704 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history ends 2021, No. 165 (Adj. Sess.), § 6, eff. July 1, 2022; subsection (b) is repealed)

(a) A person engaged in hunting for wild animals shall not use, carry, or have in the person's possession:

(1) a machine gun of any kind or description; or

(2) an autoloading rifle with a magazine capacity of over six cartridges, except a .22 caliber rifle using rim fire cartridges.

24 V.S.A. § 2295 — Municipal preemption

Source: legislature.vermont.gov/statutes/section/24/061/02295 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note: added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988)

Except as otherwise provided by law, no town, city, or incorporated village, by ordinance, resolution, or other enactment, shall directly regulate hunting, fishing, and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of traps, firearms, ammunition, or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city, or incorporated village under subdivision 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter.

13 V.S.A. §§ 4081-4084 — Vermont Ghost Guns Act (unserialized firearms, frames, and receivers)

Enacted by 2023, No. 120 (Adj. Sess.) (S.209), § 1, effective February 28, 2025. The subchapter (Subchapter 004 of chapter 85) is §§ 4081-4084.

Source: legislature.vermont.gov/statutes/section/13/085/04081 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note: added 2023, No. 120 (Adj. Sess.), § 1, eff. February 28, 2025)

§ 4081. This subchapter shall be known as the "Vermont Ghost Guns Act."

Source: legislature.vermont.gov/statutes/section/13/085/04082 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note: added 2023, No. 120 (Adj. Sess.), § 1, eff. February 28, 2025)

§ 4082. As used in this subchapter:

(1) "Federal firearms licensee" means a federally licensed firearm dealer, federally licensed firearm importer, and federally licensed firearm manufacturer.

(5) "Fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

(6) "Frame or receiver of a firearm" means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. [...]

(8) "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture when it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(9) "Violent crime" has the same meaning as in section 4017 of this title.

(Subdivisions (2)-(4) define the three federal licensee types by reference to 18 U.S.C. § 921(a)(11), (a)(9) and (a)(10); subdivision (7) defines "three-dimensional printer." No subdivision defines "firearm.")

Source: legislature.vermont.gov/statutes/section/13/085/04083 (retrieved 2026-10-12; page banner: "Statutes below include the actions of the 2025 session of the General Assembly"; unofficial copy on the legislature site; history note: added 2023, No. 120 (Adj. Sess.), § 1, eff. February 28, 2025)

(b)(1) A person shall not knowingly possess a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(2) A person shall not knowingly transfer or offer to transfer a firearm or frame or receiver of a firearm that is not imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(3) This subsection shall not apply to:

(A) a federal firearms licensee acting within the scope of the licensee's license;

(B) possession or transfer of a firearm or frame or receiver of a firearm for the purpose of having it imprinted with a serial number pursuant to federal law or section 4084 of this title;

(C) an unserialized frame or receiver transferred to or possessed by a law enforcement officer for legitimate law enforcement purposes;

(D) an antique firearm as defined in subsection 4017(d) of this title;

(E) a firearm that has been rendered permanently inoperable; or

(F) a firearm that was manufactured before 1968.

(c)(1) A person who manufactures a firearm or frame or receiver of a firearm, including by a three-dimensional printer, shall cause the firearm, frame, or receiver to be imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.

(2) This subsection shall not apply to:

(A) a federally licensed firearms manufacturer acting within the scope of the manufacturer's license; or

(B) possession or transfer of a firearm or frame or receiver of a firearm for the purpose of having it imprinted with a serial number pursuant to federal law or section 4084 of this title.

(d)(1) A person who violates subdivision (a)(1) or (b)(1) of this section shall be:

(A) for a first offense, assessed a civil penalty of not more than $50.00;

(B) for a second offense, imprisoned for not more than two years or fined not more than $1,000.00, or both; and

(C) for a third or subsequent offense, imprisoned for not more than three years or fined not more than $2,000.00, or both.

(2) A person who violates subdivision (a)(2), (b)(2), or (c)(1) of this section shall be:

(A) for a first offense, imprisoned for not more than one year or fined not more than $500.00, or both;

(B) for a second offense, imprisoned for not more than two years or fined not more than $1,000.00, or both; and

(C) for a third or subsequent offense, imprisoned for not more than three years or fined not more than $2,000.00, or both.

(3) A person who uses an unserialized firearm while committing a violent crime or while committing reckless endangerment in violation of section 1025 of this title shall be imprisoned not more than five years or fined not more than $5,000.00, or both.

(Subsection (a) of § 4083 separately bars knowingly possessing or transferring an "unfinished frame or receiver" that has not been serialized.)

Related provisions

  • 13 V.S.A. § 4017(d) definition of "firearm" includes "any firearm muffler or firearm silencer" (prohibited-person context).
  • 13 V.S.A. §§ 4081-4084 (Vermont Ghost Guns Act) unserialized firearms, frames, and receivers (see above).
  • 13 V.S.A. § 4013 zip guns: possessing or selling "a weapon commonly known as a 'zip' gun" is punishable by up to 90 days or $100; the term is not defined.
  • 24 V.S.A. § 2295 bars towns, cities and incorporated villages from directly regulating the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of firearms, ammunition, or components of firearms or ammunition (text quoted above).
  • 13 V.S.A. § 4022 bump-fire stocks possession prohibited.
  • Hunting: 10 V.S.A. § 4701(d) permits suppressors when taking game; 10 V.S.A. § 4704(a) bars machine guns in hunting.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 for a Vermont AG, state police or agency statement on the Aug. 5, 2026 ruling or the Oct. 9, 2026 ATF letter.
  • Legislation: § 4010 last amended by 2023 Act 161 (eff. June 6, 2024). 2025-26 session H.231 (Act 47 of 2026, legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT047…) is titled "An act relating to technical corrections to fish and wildlife statutes" and does not mention suppressors, 10 V.S.A. §§ 4701/4704 or 13 V.S.A. § 4010. Not relevant.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Virginia

Suppressors: No item-specific restriction found

Short answer for Virginia: I found no item-specific state restriction on possessing suppressors or AOWs; general firearm laws still apply. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (Art. 6/7 text reviewed; the 2026 assault-firearm definition refers to suppressor-capable threaded barrels)None needed
SBR ("sawed-off rifle")UnsettledFelony (Class 4) unless excepted; exception for possession "in compliance with federal law"Federal compliance
SBS ("sawed-off shotgun")UnsettledSame as SBRFederal compliance
AOWNo item-specific restriction foundNo state-law restriction found; not within the § 18.2-299 sawed-off definitions as quotedNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — Virginia's SBR/SBS exception is federal compliance ("in compliance with federal law"), not registration-specific. Whether an unregistered but federally-unprosecuted SBR/SBS is "in compliance with federal law" turns on whether non-enforcement counts as compliance while the NFA statutes remain on the books. Suppressors appear unrestricted by state law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Virginia, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

No general Virginia ban on suppressors was found, and no state licensing or registration regime for them turned up in the Title 18.2 sections reviewed (Title 18.2 Arts. 4 through 7 and the Title 29.1, ch. 5 hunting sections listed below were reviewed). SBRs and SBSs are regulated through the "sawed-off" article, Va. Code §§ 18.2-299 to -304. Possession for non-crime purposes is a Class 4 felony (§ 18.2-300(B)), and violent-crime use is a Class 2 felony (§ 18.2-300(A)). Section 18.2-303.1 says the article does not prohibit possession of a sawed-off shotgun or rifle "possessed in compliance with federal law." On the verbatim text, this exception does not name the NFA, registration or a tax stamp, so it is federal compliance. It also does not turn on registration, unlike § 18.2-308.5:1(D) ("in compliance with the National Firearms Act").

Interpretation, not text: after the Oct. 9 ATF letter the NFA registration statutes remain on the books but ATF is currently declining to enforce the approval and registration requirements. A prosecutor could argue that unregistered possession still violates 26 U.S.C. § 5861 and so is not "in compliance." The text does not settle that, so the result is Unclear for unregistered SBR/SBS; the cautious assumption is that the exception may not cover an unregistered SBR/SBS until a court or the state attorney general says otherwise. The sawed-off definitions differ from the federal ones (the .225 caliber exclusion, 26" overall-length rule for rifles); how they apply to a particular federally defined SBR is untested and should not be relied on. AOWs (e.g., concealable "pistol grip" shotguns, smooth-bore pistols) do not appear in the sawed-off definitions, so no state restriction on them was found. The 2026 assault-firearm law (§ 18.2-287.4:1) bans sale, manufacture, purchase and transfer (not possession) of semi-automatic firearms with features such as folding stocks, shoulder-firing arm braces or suppressor-capable threaded barrels, which can catch some SBRs/SBSs/suppressor-ready guns, but the Attorney General's office reports that state courts have enjoined enforcement and that the cases are now stayed (see Post-ruling guidance), and it has no federal-law exception. Until the injunction ends or is reversed, I would not treat the injunction as a reason to buy or sell a covered firearm without checking the current status.

Statutory text

The four sawed-off sections below are quoted verbatim from the official LIS site; no 2023-2026 amendments appear in their history lines.

Va. Code § 18.2-299 — Definitions

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 2004, c. 930; no later amendments shown)

"Sawed-off shotgun" means any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled bore by a single function of the firing device and which has a barrel length of less than 18 inches for smooth bore weapons and 16 inches for rifled weapons. Weapons of less than .225 caliber shall not be included.

"Sawed-off rifle" means a rifle of any caliber, loaded or unloaded, which expels a projectile by action of an explosion of a combustible material and is designed as a shoulder weapon with a barrel or barrels length of less than 16 inches or which has been modified to an overall length of less than 26 inches.

Va. Code § 18.2-300 — Possession or use of "sawed-off" shotgun or rifle

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 1992, c. 580)

A. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle in the perpetration or attempted perpetration of a crime of violence is a Class 2 felony.

B. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle for any other purpose, except as permitted by this article and official use by those persons permitted possession by § 18.2-303, is a Class 4 felony.

Va. Code § 18.2-303 — What article does not apply to

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12)

The provisions of this article shall not be applicable to:

(1) The manufacture for, and sale of, "sawed-off" shotguns or "sawed-off" rifles to the armed forces or law-enforcement officers of the United States or of any state or of any political subdivision thereof, or the transportation required for that purpose; and

(2) "Sawed-off" shotguns, "sawed-off" rifles and automatic arms issued to the National Guard of Virginia by the United States [...] or such arms as may be provided for the officers of the State Police or officers of penal institutions.

No reference to federal law or the NFA.

Va. Code § 18.2-303.1 — What article does not prohibit

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 1993, c. 449)

Nothing contained in this article shall prohibit or interfere with the possession of a "sawed-off" shotgun or "sawed-off" rifle for scientific purposes, the possession of a "sawed-off" shotgun or "sawed-off" rifle possessed in compliance with federal law or the possession of a "sawed-off" shotgun or "sawed-off" rifle not usable as a firing weapon and possessed as a curiosity, ornament, or keepsake.

Va. Code § 18.2-308.5:1 — Auto sears and trigger activators (machine-gun conversion devices)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. 2020, c. 527; 2024, cc. 163, 164)

"Nothing in this section shall be construed to prohibit a person from manufacturing, importing, selling, offering for sale, possessing, receiving, transferring, or transporting any item for which such person is in compliance with the National Firearms Act (26 U.S.C. § 5801 et seq.)."

(Subsection D; class 6 felony penalty in subsection C. Not an SBR/suppressor statute, but shows the General Assembly uses "in compliance with the National Firearms Act" wording elsewhere.)

Va. Code § 18.2-287.4:1 — Importation, sale, manufacture, etc., of assault firearms (2026, cc. 1106, 1107)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; official history shows 2026, cc. 1106, 1107)

"Assault firearm" means the same as that term is defined in § 18.2-308.2:2. [...]

B. Any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.

Exceptions (C) include sale or transfer of firearms lawfully purchased and possessed before July 1, 2026. Possession is not itself made a crime in this section.

Va. Code § 18.2-308.2:2 — "Assault firearm" definition (excerpt)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; official history ends 2026, cc. 1084, 1106, 1107)

"Assault firearm" means: 1. A semi-automatic center-fire rifle or pistol with a fixed magazine capacity in excess of 15 rounds; 2. A semi-automatic center-fire rifle that has the ability to accept a detachable magazine [...] and that has one or more of the following characteristics: (i) a folding, telescoping, or collapsible stock; [...] or (v) a threaded barrel capable of accepting (a) a muzzle brake, (b) a muzzle compensator, (c) a sound suppressor, or (d) a flash suppressor; 3. A semi-automatic center-fire pistol that has two or more of the following characteristics: [...] (iv) a threaded barrel capable of accepting (a) a sound suppressor [...] or (v) a buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate the firing of a firearm from the shoulder; 4. A semi-automatic shotgun [...] that has one of the following characteristics: (i) a folding, telescoping, or collapsible stock; [...] [...] An "assault firearm" does not include any firearm that is an antique firearm, has been rendered permanently inoperable, or is manually operated by bolt, pump, lever, or slide action.

Va. Code § 18.2-308.2:01 — Possession or transportation of certain firearms by certain persons (excerpt)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 2008, c. 408)

C. For purposes of this section, "assault firearm" means any semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

Subsection A makes it unlawful for a person who is not a U.S. citizen or lawful permanent resident to knowingly and intentionally possess, transport or conceal-carry such an "assault firearm". Applies to non-citizens only.

Va. Code § 18.2-295 — Registration of machine guns (excerpt)

Source: law.lis.virginia.gov/vacode/title18.2/chapter7/section1… (retrieved 2026-10-12; hist. ends 1988, c. 460)

Every machine gun in this Commonwealth shall be registered with the Department of State Police within twenty-four hours after its acquisition [...]. Failure to keep or produce such certificate for inspection shall be a Class 3 misdemeanor [...].

Related provisions

  • 2026 assault-firearm law (2026, cc. 1106, 1107; HB 217 / SB 749). The legislature's bill page for HB 217 (lis.virginia.gov/bill-details/20261/HB217) shows "Approved by Governor-Chapter 1106 (effective 7/1/2026)" on May 14, 2026 and describes it as creating "a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, or transfers an assault firearm"; it does not list possession. In the Code: § 18.2-287.4:1 (text above). Semi-auto only; bolt/pump/lever guns excluded. Enforcement by the State Police has been enjoined in Crump v. Katz (see Post-ruling guidance below).
  • § 18.2-308.8 is the Striker 12 ban, not an NFA provision.
  • Hunting weapons, Va. Code § 29.1-519 (Title 29.1, ch. 5; the chapter's section list has no section on suppressors, silencers or mufflers). Subsection A reads in part:

A. All wild birds and wild animals may be hunted with the following weapons unless shooting is expressly prohibited: 1. A shotgun or muzzleloading shotgun not larger than 10 gauge; [...] 3. A rifle, a muzzleloading rifle, or an air rifle; 4. A bow and arrow; [...]

Subsection F reads: "The hunting of wild birds and wild animals with fully automatic firearms, defined as a machine gun in § 18.2-288, is prohibited." Subsection G reads: "The hunting of wild birds or wild animals with (i) weapons other than those authorized by this section or (ii) weapons that have been prohibited by this section is punishable as a Class 3 misdemeanor." The text of §§ 29.1-519 and 29.1-521 does not mention suppressors or silencers. Source: law.lis.virginia.gov/vacode/title29.1/chapter5/section2… (retrieved 2026-10-12; hist. ends 2018, cc. 557, 558)

  • Local preemption, Va. Code § 15.2-915(A):

No locality shall adopt or enforce any ordinance, resolution, or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute.

Subsection B declares invalid any such local measure adopted before July 1, 2004, and subsection E lets a locality prohibit firearms in certain locality-owned buildings, parks, recreation centers and permitted-event areas. Source: law.lis.virginia.gov/vacode/title15.2/chapter9/section1… (retrieved 2026-10-12; hist. ends 2020, cc. 1205, 1247)

Post-ruling guidance and recent legislation

  • Attorney General / State Police statements on the Aug. 5 ruling or Oct. 9 ATF letter: None found as of 2026-10-12.
  • Attorney General's release, June 25, 2026: "Today, in Lancaster County a judge issued an injunction against the Virginia State Police (VSP), pausing the VSP from taking steps to implement or enforce Virginia's new assault weapons ban." The release adds that the Commonwealth "will urgently file a motion to stay this ruling and appeal this temporary injunction." Source: oag.state.va.us/media-center/news-releases/3055-attorne… (retrieved 2026-10-12; published June 25, 2026)
  • Attorney General's release, June 18, 2026: the Spotsylvania Circuit Court "denied the plaintiff's motion for a preliminary injunction" in Curtis v. Katz. Source: oag.state.va.us/media-center/news-releases/3047-stateme… (retrieved 2026-10-12; published June 18, 2026)
  • Attorney General's release, Aug. 21, 2026: "a Lancaster County Court judge joined three other state courts and the U.S. District Court for the Eastern District of Virginia in granting a stay in John Crump, et al. v. Jeffrey S. Katz, a challenge to Virginia's assault weapons ban and large capacity magazine restrictions," pending the U.S. Supreme Court's review of assault-weapon-ban challenges. Source: oag.state.va.us/media-center/news-releases/3099-stay-or… (retrieved 2026-10-12; published Aug. 21, 2026)
  • Attorney General's litigation status update, July 31, 2026: lists the state cases (Santolla v. Katz, Washington County, CL26001139-00; Crump v. Katz, Lancaster County, CL26000201-00; Curtis v. Katz, Spotsylvania County, CL26002454-00; Black v. Hook, Fauquier County, CL26000241-00) and the federal cases in the Eastern District of Virginia (McDonald v. Katz, 1:26-cv-1305; United States v. Commonwealth of Virginia et al., 1:26-cv-2035). It states that "two courts, in Lancaster and Washington County had entered preliminary injunctions barring enforcement of the new laws," that on July 7, 2026 the Washington County court amended its opinion to apply its injunction statewide to "all law enforcement agencies of the Commonwealth and its localities," that the Washington County, Spotsylvania County and Fauquier County courts and the federal courts have stayed proceedings, and that "Entry of a preliminary injunction itself does not void or invalidate the new laws." Source: oag.state.va.us/files/July-1-2026-OAG-Update-on-Status-… (retrieved 2026-10-12; dated July 31, 2026)
  • Reading these together, the Commonwealth's own statements describe injunctions against enforcement in Crump and in Santolla, followed by stays, not a repeal of the statute; the statute remains in the Code. The orders themselves are not reproduced in these Attorney General sources, so the cautious assumption is that a person should treat the sale, manufacture, purchase and transfer restrictions as potentially enforceable.

Case law and AG opinions

  • Dillard v. Commonwealth, Record No. 1938-97-3 (Va. Ct. App. Sept. 22, 1998) — vacourts.gov/static/opinions/opncavtx/1938973.txt (retrieved 2026-10-12; opinion dated Sept. 22, 1998). The court held that "the .225 caliber criterion is an element of the definition of a 'sawed-off shotgun' and, as such, must be proved by the Commonwealth." The case involved a sawed-off shotgun under § 18.2-300(B), not a rifle or an NFA item.
  • Rogers v. Commonwealth, 14 Va. App. 774, 418 S.E.2d 727 (Va. Ct. App. 1992) — courtlistener.com/opinion/1311811/rogers-v-commonwealth/. Affirmed a conviction for possessing a sawed-off shotgun that had no firing pin: "the absence of a firing pin in such a weapon does not exempt it from prohibition under the Act." On the exceptions the court said: "The only exceptions to the proscription of civilian possession of sawed-off shotguns are the defenses set forth in Code § 18.2-303.1. In order for a defendant to rely on these defenses, he must prove either that he possessed the shotgun for scientific purposes, or that the shotgun was both unusable and possessed as a curiosity, ornament, or keepsake." The opinion lists only those two exceptions and does not mention the "in compliance with federal law" exception, so it does not construe it. It does describe the § 18.2-303.1 exceptions as defenses that the defendant "must prove," and the cautious assumption is that the same would be said of the federal-compliance exception.

Net effect: Mildly hurts or at best neutral: Virginia treats the § 18.2-303.1 exceptions as defenses, so an unregistered SBR/SBS owner would likely have to raise and support "compliance with federal law." Neither case addresses whether ATF non-enforcement suffices.

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Washington

Suppressors: Registration or other requirements apply

Short answer for Washington: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors. The answer for SBRs is unsettled. On the text, state law bars ordinary civilian possession of SBSs. For suppressors, the statute restricts using one that is not federally registered; I found no statute on simply owning one.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (possession not addressed; use is a gross misdemeanor unless "legally registered and possessed in accordance with federal law")Federal registration (as worded: "legally registered")
SBRUnsettledRestricted, with an exception (felony unless "in compliance with applicable federal law")Federal compliance
SBSProhibited under state lawBanned (felony; only exceptions are government/licensed-manufacturer use and an affirmative defense for pre-July 1, 1994 acquisition)Banned
AOWNo item-specific restriction foundNot separately regulated by state statute (no AOW provision found in RCW 9.41)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear — for SBRs the statute keys to "compliance with applicable federal law," not registration, so the cautious assumption is that the exception may not cover an unregistered SBR until a court or the state attorney general says otherwise; suppressor use likely still unlawful as worded ("legally registered"); SBSs remain illegal regardless; no AG/State Patrol guidance found.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Washington, federal registration is a stated condition of the exception for suppressors; ATF's non-enforcement policy does not supply a registration. In Washington, the exception for SBRs turns on federal compliance, so a registered item is the one that most plainly fits the wording. Registration does not help with SBSs in Washington: the restriction there applies whether or not the item is federally registered.

Analysis

Washington does not ban suppressor ownership. The only suppressor provision found is RCW 9.41.250(1)(c), which punishes using a noise-suppressing device "unless the suppressor is legally registered and possessed in accordance with federal law" (gross misdemeanor). This is a registration-type exception by its words: "legally registered" naturally reads as NFRTR registration. Interpretation: an unregistered suppressor, even if ATF will not enforce, arguably is not "legally registered," so use remains exposed; mere possession is not criminalized by this section. Whether "legally registered" can be satisfied when ATF no longer enforces the registration requirement is untested.

SBRs: RCW 9.41.190(1) makes making, owning, selling, transporting or possessing an SBR (and solely-designed parts) a class C felony, but (2) exempts anyone "in compliance with applicable federal law." This is a federal compliance exception that does not mention registration. Interpretation: how this wording applies to an unregistered item is untested. The NFA statutes are not repealed and ATF's letter is discretion, so a prosecutor could argue that the exception does not apply. The cautious assumption is that the exception may not cover an unregistered SBR until a court or the state attorney general says otherwise.

SBSs: no general federal-law exception. Only the affirmative defense for items acquired before July 1, 1994 and possessed in compliance with federal law, plus government/licensed-manufacturer carve-outs. Effectively banned for ordinary civilians. Machine guns share the same structure.

AOWs: no state statute found. Assault-weapon law (RCW 9.41.010(2)) may independently reach some firearms with listed features including silencers.

Statutory text

RCW 9.41.190 — Unlawful firearms. Exceptions.

Source: app.leg.wa.gov/RCW/default.aspx?cite=9.41.190&full=true (retrieved 2026-10-12; history line begins 2026 c 203 s 4; 2026 c 203 effective immediately Mar. 24, 2026 except section 3; page footer copyright 2025)

(1) Except as otherwise provided in this section, it is unlawful for any person to:

(a) Manufacture, including by use of a three-dimensional printer, computer numerical control milling machine, or other means, or own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle;

(b) Manufacture, including by use of a three-dimensional printer, computer numerical control milling machine, or other means, or own, buy, sell, loan, furnish, transport, or have in possession or under control, any part designed and intended solely and exclusively for use in a machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle;

(c) Assemble or repair any machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle; or

(d) Manufacture, including by use of a three-dimensional printer, computer numerical control milling machine, or other means, or cause to be manufactured, assemble, or cause to be assembled, an untraceable firearm with the intent to sell the untraceable firearm.

(2) It is not unlawful for a person to manufacture, own, buy, sell, loan, furnish, transport, assemble, or repair, or have in possession or under control, a short-barreled rifle, or any part designed or intended solely and exclusively for use in a short-barreled rifle or in converting a weapon into a short-barreled rifle, if the person is in compliance with applicable federal law.

(3) Subsection (1) of this section shall not apply to:

(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or

(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, bump-fire stocks, short-barreled shotguns, or short-barreled rifles:

(i) To be used or purchased by the armed forces of the United States;

(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or

(iii) For exportation in compliance with all applicable federal laws and regulations.

(4) It shall be an affirmative defense to a prosecution brought under this section that the machine gun or short-barreled shotgun was acquired prior to July 1, 1994, and is possessed in compliance with federal law.

(5) Any person violating this section is guilty of a class C felony.

RCW 9.41.250 — Dangerous weapons. Penalty.

Source: app.leg.wa.gov/RCW/default.aspx?cite=9.41.250&full=true (retrieved 2026-10-12; history last amended 2012 c 179 s 1; no 2026 change)

(1) Every person who:

(a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slungshot, sand club, or metal knuckles, or spring blade knife;

(b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or

(c) Uses any contrivance or device for suppressing the noise of any firearm unless the suppressor is legally registered and possessed in accordance with federal law,

is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

RCW 9.41.010 — Definitions (excerpts)

Source: app.leg.wa.gov/RCW/default.aspx?cite=9.41.010&full=true (retrieved 2026-10-12; page carries two versions, "Effective until June 30, 2027" and a later version effective June 30, 2027; the quoted SBR, SBS and machine gun definitions match the current version)

"Short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than 26 inches.

"Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than 26 inches.

"Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

The assault-weapon definition (RCW 9.41.010(2)) lists "sound suppressor, silencer" among features for certain semiautomatic rifles/pistols; full text not quoted here. No standalone silencer definition was found in 9.41.010.

Related provisions

  • RCW 9.41.390 (assault weapons): "No person in this state may manufacture, import, distribute, sell, or offer for sale any assault weapon, except as authorized in this section." RCW 9.41.010 defines "assault weapon" to include "A semiautomatic rifle that has an overall length of less than 30 inches." So even where RCW 9.41.190(2) allows possessing an SBR in compliance with federal law, making, importing or buying a semiautomatic rifle under 30 inches overall is separately restricted. Sources: app.leg.wa.gov/RCW/default.aspx?cite=9.41.390 and app.leg.wa.gov/RCW/default.aspx?cite=9.41.010 (retrieved 2026-10-13)
  • Hunting with suppressors: no WA statute found authorizing it; RCW 9.41.250 governs use. WDFW rules are outside this guide.
  • No WA Firearms Freedom Act for suppressors found.
  • 2026 c 203 (eff. Mar. 24, 2026) added 3D printing/CNC manufacture language to 9.41.190.

Post-ruling guidance and recent legislation

Case law and AG opinions

  • AGO 1988 No. 16 (Wash. Att'y Gen. Aug. 30, 1988) — atg.wa.gov/ago-opinions/firearms. Concluded "It is not unlawful under RCW 9.41.250 to merely possess a device for suppressing the noise of a firearm"; "use" means putting the device into service, and the statute "does not prohibit mere possession." It construed the pre-2007 text (no "legally registered" clause) but supports reading the offense as use-only.
  • Legislative history: SSB 6165 (2016 c 214) enacted the SBR federal-compliance exception, replacing earlier "legally registered" drafts.

Net effect: Mildly helpful: the AG's view that 9.41.250 reaches only use, not possession, limits suppressor exposure, and the SBR exception's wording (federal compliance, not registration) was a deliberate 2016 choice. The opinion does not address whether non-enforcement counts as "compliance" or "legally registered."

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

West Virginia

Suppressors: No item-specific restriction found

Short answer for West Virginia: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 13, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state restriction found (none in Chapter 61 Art. 7 or the hunting statute)None needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — West Virginia has no statute restricting suppressors, SBRs, SBSs or AOWs and no registration requirement; the only NFA-linked state provisions are the machine-gun statute (unaffected) and a CLEO-certification duty that applies only when federal law requires certification.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in West Virginia that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

I found no item-specific West Virginia possession prohibition or NFA-registration condition for suppressors, SBRs, SBSs or AOWs in the provisions reviewed. Article 7 (Dangerous Weapons) has no silencer or short-barrel provision, no registration scheme for those items, and no definitions of them; general firearm laws, including the concealed-weapon rules, still apply; the hunting-methods statute (§ 20-2-5) contains no suppressor reference. The only provision keyed to federal NFA compliance is § 61-7-9 (machine guns), which requires full compliance with federal statutes and Treasury rules. That is unaffected by the ATF letter because machine guns still require registration/approval. Section 61-7-16 actually compels local law enforcement to give CLEO certifications when federal law requires them, with no discretion to refuse on "generalized objection" to a type of firearm; after the ATF letter such certifications are largely moot. Penalty for the machine-gun offense: misdemeanor, $1,000-$5,000 and/or 90 days to 1 year. My interpretation (not statutory text): because no WV statute conditions possession of the four items on federal registration, I found no state-law hook that ATF's non-enforcement posture would affect, but the cautious assumption is that this is unconfirmed until a court or the state attorney general says otherwise. Caveat: this rests on absence of a provision; I reviewed Article 7 and the key sections, not the whole code. A deadly-weapon concealed-carry statute (§ 61-7-3, -4) might theoretically reach concealed items, but that concerns carrying, not NFA status.

Statutory text

W. Va. Code § 61-7-9 — Possession of machine guns, penalties

Source: code.wvlegislature.gov/61-7-9/ (retrieved 2026-10-12; site states sections "are updated regularly")

It shall be unlawful for any person to carry, transport, or have in his possession, any machine gun, submachine gun, or any other fully automatic weapon unless he or she has fully complied with applicable federal statutes and all applicable rules and regulations of the secretary of the treasury of the United States relating to such firearms.

Any person who violates the provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or shall be confined in the county jail for not less than ninety days, or more than one year, or both.

(Applies to machine guns/fully automatic weapons only. Not to the four items in scope.)

W. Va. Code § 61-7-16 — Chief officer certification to transfer or make certain firearms

Source: code.wvlegislature.gov/61-7-16/ (retrieved 2026-10-12)

(a) When certification of a chief law-enforcement officer is required by federal law or regulation for the making, transfer, receipt or possession of a firearm, the chief law-enforcement officer shall, within thirty days of receipt of such a request, provide such certification upon determining that to his or her knowledge the applicant is not prohibited by federal, state or local law from making, transferring, receiving or possessing the firearm [...]

(b) [...] (3) "Firearm" has the same meaning as provided in the National Firearms Act, 26 U. S. C. §5845 (a).

[...]

(e) A generalized objection to persons or entities making, transferring, receiving or possessing firearms or particular types of firearms which may be lawfully made, transferred, received or possessed does not constitute a valid basis for refusing certification.

(This is a state-law mandate to issue CLEO sign-offs; it imposes no restriction.)

W. Va. Code § 8-12-5a — Municipal preemption

Source: code.wvlegislature.gov/8-12-5a/ (retrieved 2026-10-12)

(a) Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith [...] in any manner inconsistent with or in conflict with state law.

(Municipal-building and recreation-facility carve-outs in (c) omitted.)

W. Va. Code § 61-7-2 — Definitions

Source: code.wvlegislature.gov/61-7-2/ (retrieved 2026-10-12). The official page defines "firearm" as: "any weapon which will expel a projectile by action of an explosion: Provided, That it does not mean an antique firearm as defined in subdivision (1) of this subsection except for the purposes of §48-27-502 of this code." (§ 61-7-2(7)). The page has no definition of silencer, suppressor, machine gun or destructive device, and the only uses of "short" are in "blackjack," "pistol" and "revolver."

Related provisions

  • § 61-7-9: machine gun possession conditioned on federal compliance.
  • § 61-7-16: CLEO certification mandate (NFA "firearm" per 26 U.S.C. § 5845(a)).
  • § 8-12-5a: municipal preemption.
  • Hunting: § 20-2-5 contains no suppressor prohibition (checked for the word "silencer"; none found).
  • No WV assault-weapon law found.
  • No "Firearms Freedom Act"-style suppressor statute found.

Post-ruling guidance and recent legislation

  • West Virginia Attorney General, "UPDATE: Federal Court Strikes Down Unconstitutional Firearm Registration Regulations in Win for West Virginia," Aug. 14, 2026: ago.wv.gov/article/update-federal-court-strikes-down-un… . It says the ruling "clearly applies to West Virginia's state agencies, along with the members and customers of the specific organizations and companies involved in the case," that "It is less clear whether it applies to individual West Virginians beyond those," and that "For now, our advice is to continue to follow the direction of the ATF." It predates the Oct. 9 ATF letter; I found no later state statement. ATF guidance (atf.gov/node/157811) says state law is not superseded.
  • Sections 61-7-9 and 61-7-2 show last amendments in 2021 and 2023; no 2025-2026 amendments to the relevant statutes seen.
  • Sept. 4, 2026: West Virginia's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address West Virginia law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Wisconsin

Suppressors: Registration or other requirements apply

Short answer for Wisconsin: I found no item-specific state restriction on possessing AOWs; general firearm laws still apply. Registration or other requirements apply to suppressors. The answer for SBRs and SBSs is unsettled.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorRegistration or other requirements applyRestricted, with an exception (felony unless NFA "licensing and registration requirements" complied with)Federal registration
SBRUnsettledRestricted, with an exception (felony unless NFA-registered OR "lawfully possessed under federal law")Federal compliance (plus federal registration alternative)
SBSUnsettledSame as SBRFederal compliance (plus federal registration alternative)
AOWNo item-specific restriction foundNo state statute specific to AOWs found; not restricted by name (smooth-bore pistol/concealed-type AOWs not addressed)None needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: Unclear for SBR/SBS, Clear-illegal for suppressors. Suppressors: the only exception is for a person who "has complied with the licensing and registration requirements under 26 USC 5801 to 5872," so an unregistered suppressor is outside it. SBR/SBS: 941.28(4) has an independent clause exempting any firearm "that may be lawfully possessed under federal law," but ATF's policy does not itself establish that an unregistered SBR/SBS is lawfully possessed under federal law, and whether non-enforcement satisfies that clause is untested. The cautious assumption is that the exception may not cover an unregistered SBR/SBS until a court or the state attorney general says otherwise.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. In Wisconsin, federal registration is a stated condition of the exception for suppressors; ATF's non-enforcement policy does not supply a registration. In Wisconsin, the exception for SBRs and SBSs turns on federal compliance, so a registered item is the one that most plainly fits the wording. That makes registering the belt-and-suspenders choice here.

Analysis

Wisconsin makes it a Class H felony to possess an SBR or SBS (941.28) or a silencer (941.298). Both statutes exempt "any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872," a registration-type exception. Text says nothing about "lawfully registered" status being checked in the NFRTR, but "complied with the ... registration requirements" most naturally means an actual registered item. An unregistered suppressor, even if ATF will not prosecute, is not within that clause, and 941.298 has no other federal-law exception. So under the text, unregistered suppressors remain a state felony.

SBRs/SBSs differ: the last sentence of 941.28(4) separately exempts "any firearm that may be lawfully possessed under federal law." That is a federal compliance clause. Federal law (NFA, 26 USC 5861) still on its face criminalizes unregistered NFA items; ATF's Oct. 9 letter is enforcement discretion, not repeal, and the Silencer Shop injunction covers only the plaintiffs and the members and customers it names. Whether "may be lawfully possessed under federal law" is satisfied by an item the statute still technically prohibits but ATF will not enforce against is unresolved; I found no controlling Wisconsin interpretation. The cautious assumption is that it may not cover an unregistered SBR/SBS until a court or the state attorney general says otherwise. AOWs are not mentioned in these statutes. Penalty: Class H felony.

Statutory text

Wis. Stat. § 941.28 — Possession of short-barreled shotgun or short-barreled rifle

Source: docs.legis.wisconsin.gov/document/statutes/941.28 (retrieved 2026-10-12; page states "2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 ... Published 10-1-26")

(1)(b) "Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.

(1)(c) "Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches. [...]

(2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.

(3) Any person violating this section is guilty of a Class H felony.

(4) This section does not apply to the sale, purchase, possession, use or transportation of a short-barreled shotgun or short-barreled rifle to or by any armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States or any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872. This section does not apply to the manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess these weapons. The restriction on transportation contained in this section does not apply to common carriers. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.

(5) Any firearm seized under this section is subject to s. 968.20 (3) and is presumed to be contraband.

(Definitions of "rifle" (1)(a) and "shotgun" (1)(d) omitted.)

Wis. Stat. § 941.298 — Firearm silencers

Source: docs.legis.wisconsin.gov/document/statutes/941.298 (retrieved 2026-10-12; published 10-1-26)

(1) In this section, "firearm silencer" means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.

(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.

(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following: [...]

(b) Any armed forces or national guard personnel, while in the line of duty.

(c) Any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872.

(Par. (a), peace officers acting under written agency policy, summarized not quoted.)

Wis. Stat. § 941.26 — Machine guns and other weapons

Source: docs.legis.wisconsin.gov/statutes/statutes/941/iii/26 (retrieved 2026-10-12)

(1g)(a) No person may sell, possess, use or transport any machine gun or other full automatic firearm.

(1g)(b) Except as provided in sub. (4), no person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for use to cause bodily discomfort, panic, or damage to property.

(1m) No person may take a firearm that is not designed to shoot more than one shot, without manual reloading, by a single function of the trigger and modify the firearm so that it does shoot more than one shot, without manual reloading, by a single function of the trigger.

(2)(a) Any person violating sub. (1g) (a) is guilty of a Class H felony. [...]

(2)(c) Except as provided in par. (d), any person who violates sub. (1g) (b) regarding the possession, noncommercial transportation or use of the bomb, grenade, projectile, shell, or container under sub. (1g) (b) is guilty of a Class A misdemeanor.

Verbatim from (3):

(3) This section does not apply to the sale, possession, modification, use or transportation of any weapons or containers under sub. (1g) or (1m) to or by any armed forces or national guard personnel in the line of duty, any civil enforcement officer of the state or of any city or county. This section does not apply to the sale, possession, modification, use or transportation of weapons under sub. (1g) (a) or (1m) to or by any person duly authorized by the chief of police of any city or the sheriff of any county. [...]

Wis. Stat. § 941.25(1) — "machine gun" definition

Source: docs.legis.wisconsin.gov/document/statutes/941.25 (retrieved 2026-10-12)

(a) Any weapon that shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.

Related provisions

  • Wis. Stat. 941.25 (machine gun definition and manufacturer register), 941.26 (machine guns, tear gas bombs/grenades; Class H felony for machine gun).
  • No Firearms Freedom Act found. No state registry for NFA items.
  • State assault-weapon ban: none.

Post-ruling guidance and recent legislation

  • None found as of 2026-10-12 (no Wisconsin AG/DOJ statement found; Wisconsin was not identified as a plaintiff state; no 2025-26 amendment visible: statute pages current through 2025 Wis. Act 247, published 10-1-26, show histories ending 2001 a. 109 / 2007 a. 27).

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Wyoming

Suppressors: No item-specific restriction found

Short answer for Wyoming: I found no item-specific state restriction on possessing suppressors, SBRs, SBSs or AOWs; general firearm laws still apply.

Sources checked through October 12, 2026.

ItemStatusState statusFederal-law dependency
SuppressorNo item-specific restriction foundNo state possession/transfer restriction found (limited hunting-misuse offense)None needed
SBRNo item-specific restriction foundNo state restriction foundNone needed
SBSNo item-specific restriction foundNo state restriction foundNone needed
AOWNo item-specific restriction foundNo state restriction foundNone needed

Possession

Effect of unregistered possession after the Oct. 9, 2026 ATF letter: No state restriction found — Wyoming has no statute restricting suppressors, SBRs, SBSs or AOWs and no registration requirement, so state law does not depend on NFA registration. General state firearm laws and federal requirements still apply; ATF is not enforcing the federal registration requirement, which remains in federal law.

Registration

ATF still accepts registration paperwork (Forms 1 and 4) from people making or acquiring an item. ATF also says federal law does not generally allow an item already held unregistered to be registered later. I found no statute in Wyoming that requires registration of these items, but registering anyway is the belt-and-suspenders choice: it follows the federal statute as written, not just ATF's current enforcement policy.

Analysis

Wyoming does not regulate possession, manufacture, sale, transfer or transport of suppressors, SBRs, SBSs or AOWs in the sections searched. There is no state definition of "silencer" or barrel-length rule, no state NFA-registration requirement, and no federal-law exception, because there is no prohibition for an exception to attach to. The state's firearm law is built on broad preemption (6-8-401(c)): regulation is reserved to the state legislature, subject to the exceptions in that section.

The only suppressor-specific rule found is 23-3-112(c), which makes it an offense to use "a device designed to silence or muffle the report of any firearm" while committing certain hunting violations (illegal take, big/trophy game out of season). That is a misuse offense, not a ban. Wyoming's Firearms Freedom Act (6-8-402 to 6-8-406) declares Wyoming-made firearms and accessories staying in-state exempt from federal law, including registration. Its "firearm" definition excludes fully automatic weapons; it does not exclude suppressors (which are "accessories"). It is a declaratory statute that federal courts have not honored for NFA items, so I would not rely on it.

Interpretation: because state law keys nothing to NFA registration, an unregistered suppressor, SBR, SBS or AOW does not appear to be made illegal by state law by the ATF Oct. 9 letter, based only on the sections searched. Federal requirements and generally applicable state firearm laws still apply (the federal statutes remain on the books; the letter is enforcement discretion), and the cautious assumption is that nothing here has been confirmed by a court or the state attorney general.

Statutory text

Scope: I searched W.S. Title 6 (Crimes and Offenses) and Title 23 (Game and Fish) for "silencer", "suppress", "short barrel", "sawed", "machine gun". Title 6 contains NO hit for silencer, suppressor, short-barreled, sawed-off or machine gun. The only silencer/suppressor hit in Title 23 is 23-3-112. I also scanned the Chapter 8 (Weapons) section headings. A keyword search can miss oddly worded provisions.

W.S. § 6-8-401(c) — State preemption of firearm regulation

Source: wyoleg.gov/statutes/compress/title06.pdf (retrieved 2026-10-12; Title 6 PDF has no currency statement, but it includes 2026 session amendments, e.g. "Repealed by Laws 2026, ch. 87" in 6-8-104)

(c) The sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use and possession of firearms, weapons and ammunition shall be authorized, regulated and prohibited by the state, and regulation thereof is preempted by the legislature of the state of Wyoming. Except as authorized by W.S. 15-1-103(a)(xviii) and 23-1-302, no state agency, city, town, county, political subdivision or any other entity shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use, carrying or possession of firearms, weapons, accessories, components or ammunition except as specifically provided by this chapter. [...]

W.S. § 6-8-403(a)(iii), (iv) — Firearms Freedom Act definitions

Source: wyoleg.gov/statutes/compress/title06.pdf (retrieved 2026-10-12; Title 6 PDF has no currency statement)

(iii) "Firearm" means any weapon which will or is designed to expel a projectile by the action of an explosive. "Firearm" shall not include any fully automatic weapon or any weapon designed to fire a rocket propelled grenade or any explosive projectile;

(iv) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, optics for target identification and lights for target illumination;

W.S. § 6-8-404(a) — Wyoming Firearms Freedom Act (made-in-Wyoming)

Source: wyoleg.gov/statutes/compress/title06.pdf (retrieved 2026-10-12; Title 6 PDF has no currency statement)

(a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming is not subject to federal law, federal taxation or federal regulation, including registration, under the authority of the United States congress to regulate interstate commerce. [...]

W.S. § 6-8-405(a), (b) — Offenses and penalties

Source: wyoleg.gov/statutes/compress/title06.pdf (retrieved 2026-10-12; Title 6 PDF has no currency statement)

(a) No public servant as defined in W.S. 6-5-101, or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming.

(b) Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both. [...]

W.S. § 23-3-112 — Automatic weapons; silencers in big/trophy game offenses

Source: wyoleg.gov/statutes/compress/title23.pdf (retrieved 2026-10-12; Title 23 PDF has no currency statement)

23-3-112. Firearms; automatic weapon prohibited; use of silencer or suppressor to take big or trophy game restricted; penalties.

(a) No person shall take any wildlife with any fully automatic weapon.

(b) Violation of this section is separate and additional to any other violation and constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

(c) No person shall use a device designed to silence or muffle the report of any firearm in the commission of:

(i) A violation of W.S. 23-3-102;

(ii) A violation of W.S. 23-3-107;

(iii) A violation of W.S. 23-3-305(b) which results in the taking of a big or trophy game animal; or

(iv) Taking of a big or trophy game animal out of season.

(Section ends at (c)(iv); there is no separate penalty clause for (c). Subsection (b) says a "violation of this section" is a high misdemeanor under W.S. 23-6-202(a)(ii), which on its face covers (c) as well.)

Related provisions

  • Preemption of local regulation: W.S. 6-8-401(c).
  • Firearms Freedom Act: W.S. 6-8-402 to 6-8-406 (state AG may defend citizens prosecuted federally, 6-8-405(c)).
  • Hunting: W.S. 23-3-112 (full-auto taking banned; suppressor misuse offense).
  • No state assault-weapon law found.

Post-ruling guidance and recent legislation

  • No Wyoming statute change on these items found as of 2026-10-12.
  • State AG/state agency statement on the Oct. 9 ATF letter: None found as of 2026-10-12.
  • Sept. 4, 2026: Wyoming's Attorney General was one of 21 state attorneys general who wrote to Congress urging repeal of the NFA provisions at issue in Silencer Shop. The letter says the decision "does not strike the law from the books" and does not address Wyoming law. Source: media.ark.org/ag/Letter-Regarding-National-Firearms-Act… (retrieved 2026-10-13)

Informational only, not legal advice. I'm not a lawyer. Federal law, local ordinances and other state laws still apply. See the note near the bottom of this page.

Before you use this guide

Federal guidance changed. State law did not automatically change.

The National Firearms Act still says these items must be registered. ATF itself says its policy can end: "Material changes in legal or factual circumstances could cause NFA enforcement to resume." It also says that federal law "does not generally permit subsequent registration of unregistered NFA items nor are there provisions that would automatically grandfather unregistered NFA firearms." Read ATF's guidance and its questions and answers.

ATF still accepts registration applications from people making or acquiring an item. Registering voluntarily is the belt-and-suspenders approach: it is the most conservative way I know to stay inside both the federal statute as written and any state law that refers to it. It does not make an item legal in a state that bans it outright.

Informational only. This is not legal advice.

I am not a lawyer, and nobody at Ammunition Depot is acting as yours. This page is general information put together from published statutes. It describes what the statutes say and, where marked, my own reading of them. It does not say how a prosecutor or court would treat a particular person or item, and reading it does not create an attorney-client relationship.

State firearm laws change, and these summaries may be incomplete, out of date or wrong. Neither I nor Ammunition Depot promises that they are accurate or complete, and you rely on them at your own risk. Verify against the current official code or consult a licensed attorney in your state before you buy, make, transport or possess any of these items.

This page covers ordinary civilian ownership under state statutes that deal with these items. It notes assault-weapon and similar laws where they decide a state's status, but it is not a full review of them. It is not a full review of local ordinances, tribal law, travel through other states, carry and transport rules, hunting rules or rules on who may possess a firearm; some are noted where relevant. It also does not cover the firearm a suppressor is attached to (the host firearm), which a state can restrict separately. Machine guns and destructive devices are outside its scope.

A color on this map is not a statement that Ammunition Depot or its partners will sell or ship to any state.

Questions the map cannot answer on its own

Does green mean I can buy one without registering it?

No. Green means only that I found no item-specific state restriction on ordinary civilian possession. Sales, carrying, use and general firearm rules may still apply. It is not approval of any purchase or transfer, and the federal statute is still on the books. If you choose to register, our guide How to Buy a Suppressor Online walks through the process.

Does blue mean the item is banned?

No. Blue means the state restricts the item but makes an exception for one that is federally registered or meets another stated condition. A registered item and an unregistered one can stand on very different footing.

What federal rules still apply?

ATF's letter lists several. These items are still firearms under the Gun Control Act, so background checks, dealer recordkeeping and the bar on possession by prohibited persons all remain. ATF's questions and answers say individuals "must continue to file a Form 20" (ATF Form 5320.20) "before engaging in interstate transportation of a short-barreled rifle or short-barreled shotgun, even if it is unregistered." Dealers still may not transfer an item in violation of state or local law. And ATF says it is unclear whether the federal safe-passage law protects someone carrying an unregistered item through a state that prohibits it.

Does this cover the firearm I attach a suppressor to?

No. A suppressor and the firearm it is attached to, the host firearm, can fall under different rules. Nothing here says whether a particular rifle, pistol or threaded-barrel setup is restricted in your state.

Can I rely on the same answer when I travel?

No. Each entry describes one state. Check the law where you are going, and anywhere you pass through, before you transport or use one of these items.

Corrections and change log

Every state entry shows the date its sources were last checked. If you find an error, email [email protected]. Corrections that change a state's status will be listed here with the date.

  • October 14, 2026: First published. Sources for all 50 states and DC checked through October 12, 2026.