ATF said Friday that, effective October 9th, it will no longer require NFA approval or registration for suppressors, short-barreled rifles and shotguns, and “any other weapons.” Ohio still treats a suppressor as dangerous ordnance, so state law still applies, and the Freedom to Carry Act is stuck in committee in both chambers.
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The biggest gun news of the week came from ATF on Friday, Oct. 9, and it’s good news with an Ohio-sized catch you need to know about.
ATF stops requiring NFA approval for suppressors. Ohio law hasn’t changed.
ATF’s director put out an open letter Friday saying that, effective October 9th, ATF “will no longer require individuals to seek ATF approval under the NFA before making or transferring short-barreled rifles, short-barreled shotguns, silencers, and ‘any other weapon[s].'” It won’t require registration either, and the policy applies “to anyone otherwise subject to these requirements, not just to the plaintiffs in the litigation.” But ATF’s letter does not make these items legal in states that still regulate or ban them. If your state restricts suppressors, short-barreled rifles or shotguns, or “any other weapons,” that state law still applies, and you can still be charged under it.
That’s a huge win, and it grew out of the $0 tax Congress passed last year and an August ruling by a federal court in Texas that only covered the plaintiffs. It’s ATF’s enforcement policy, not a repeal of the law, and machine guns and destructive devices are excluded. Background checks and dealer records stay in place, and ATF says to keep filing a Form 20 before taking a short-barreled rifle or shotgun across state lines.
It’s federal only, and Ohio law still applies. Ohio still treats a suppressor as “dangerous ordnance,” and ATF notes that state laws like that often exempt items registered under federal law and tells people to check whether unregistered ones are legal where they live. So don’t assume you’re covered, and check with a lawyer or local law enforcement before you act on this. The federal win doesn’t settle things at home, and the fight in front of us at the Statehouse is the Freedom to Carry Act.
Meanwhile, the gas tax holiday the politicians pushed through both chambers in one day took effect last Sunday. A bill they want can clear the Statehouse in a day, but the Freedom to Carry Act is stuck in committee in both chambers and can’t get a vote.
More from the federal side
DOJ reportedly dropped its under-21 handgun appeal, telling the Fifth Circuit it won’t enforce that ban “against anyone, anywhere.” That’s not a nationwide court ruling, though, and the law is still on the books.
| Dates to watch Wednesday, October 21: the other side’s briefs are due in the AR-15 ban case at the Supreme Court. Wednesday, December 2: oral argument in that case. |
Ohio Gun Owners is watching the Freedom to Carry Act every day the Statehouse is in session, and you’ll hear from us the minute it gets a hearing.
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For Freedom,
Chris Dorr
Director
Ohio Gun Owners