ATF Changes and Florida Law: Short-Barreled Rifles, Shotguns and Suppressors
By Chad M. Seibel, former Florida prosecutor · Last reviewed November 1, 2026
ATF changed its enforcement policy for short-barreled rifles, short-barreled shotguns and suppressors in October 2026. That announcement did not amend Florida's firearm statutes. Florida law expressly recognizes lawful federal ownership and possession for certain weapons, but an ATF decision not to enforce a requirement does not automatically resolve every state-law restriction.
This page explains the federal change, Florida's possession statute and the Florida decisions and prosecutor guidance relevant to the issue.
General information only, not legal advice; laws and enforcement policies may change, and reading this page does not create an attorney-client relationship.
What Did ATF Change?
On October 9, 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced that it will not enforce the National Firearms Act (NFA) requirements to apply for and receive ATF approval before making or transferring these items, or to register them:
Short-barreled rifles (SBRs)
Short-barreled shotguns (SBSs)
Suppressors, also called silencers
"Any other weapons" (AOWs), a separately defined federal category whose application depends on the particular weapon
The change followed Congress's reduction of the federal making and transfer taxes on these items to $0, effective January 1, 2026. On August 5, 2026, a federal district court in Texas ruled in Silencer Shop Foundation v. ATF that the challenged NFA provisions exceeded Congress's enumerated powers. The Department of Justice subsequently decided not to appeal, as confirmed in its September 24, 2026 letter to Congress.
ATF's broader policy is an exercise of enforcement discretion. The NFA has not been repealed, and ATF says it will continue processing voluntary registrations and applications.
Federal status after October 9, 2026:
Short-barreled rifles and shotguns: NFA approval and registration not enforced. Florida's section 790.221 still needs its own analysis.
Suppressors (silencers): NFA approval and registration not enforced. Other federal and Florida firearm laws still apply.
"Any other weapons" (AOWs): NFA approval and registration not enforced. How Florida treats the specific item still matters.
Machine guns and destructive devices: Excluded from this relief. The $200 making and transfer taxes and NFA requirements remain applicable.
What did the court actually decide?
The court held that the challenged NFA provisions for these untaxed items could no longer be sustained under Congress's taxing power and could not be justified retroactively under another power Congress had not invoked in enacting them. The court did not decide the plaintiffs' Second Amendment claims.
The injunction protects the plaintiffs and specified related people and entities; it is not a universal injunction covering everyone. Customer protection is limited to covered transactions with the plaintiffs or their commercial members. The opinion explains on pages 61–62 that being a customer does not protect every NFA firearm the customer possesses, makes or transfers.
ATF then extended its nonenforcement policy to people outside the injunction. Judicial relief and agency enforcement discretion remain different sources of protection. An agency can revise its policy, and an injunction remains subject to further court action and changes in the law.
What Federal Rules Still Apply?
Dealer sales: transfers to unlicensed buyers remain subject to Form 4473, applicable background checks and recordkeeping. Dealers also must comply with state-law restrictions.
Dealer transfers of SBRs and SBSs: a separate Gun Control Act rule says a dealer may sell one only as the Attorney General authorizes. ATF says it will not enforce that rule until new regulations are in place. Buyers and dealers should confirm the current procedure before a sale.
Travel across state lines: ATF says a person taking an SBR or SBS to another state must still get approval first by filing a Form 20, whether or not the gun is registered. The laws of the destination state and every state along the way also matter.
Businesses: applicable federal licensing, special occupational tax and Gun Control Act requirements remain. ATF specifically states that manufacturers need the appropriate license and must serialize firearms and silencers.
Illegal imports and altered serial numbers: the policy does not suspend the NFA prohibitions on possessing unlawfully imported firearms or firearms with obliterated serial numbers.
Prohibited people: the change does not let anyone who is barred from having firearms possess any of these items.
Florida Still Regulates Short-Barreled Rifles and Shotguns
Section 790.221 makes it a crime to own or possess a short-barreled rifle, short-barreled shotgun or machine gun that is operable or may readily be made operable. Antique firearms are excluded.
The statute has an exception: "Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted."
A violation is a second-degree felony. The ordinary statutory maximums are 15 years in prison and a $10,000 fine; enhancements or other charges can affect the potential penalties.
What counts as a short-barreled rifle or shotgun in Florida?
Under section 790.001, Florida Statutes:
A short-barreled rifle is a rifle with one or more barrels less than 16 inches long, or any weapon made from a rifle that, as modified, is less than 26 inches long overall.
A short-barreled shotgun is a shotgun with one or more barrels less than 18 inches long, or any weapon made from a shotgun that, as modified, is less than 26 inches long overall.
These are summaries of the definitions. A product name or an online listing may not answer whether a particular gun meets them.
If It's Lawful Under Federal Law, Is It Lawful in Florida?
For the prohibition in section 790.221, Florida expressly excepts lawful federal ownership and possession. That does not override every other Florida firearm restriction. The Florida Supreme Court applied that exception in Rinzler v. Carson, 262 So. 2d 661, 667 (Fla. 1972).
Rinzler involved a machine gun registered under the NFA. The Court held that section 790.221 did not make the owner's possession unlawful, because he owned and possessed it under federal law. The Court also said that federal registration by itself would not protect a gun from a state law banning it. The protection came from the exception the Legislature wrote into the statute. And the Court said that if the exception's wording is ambiguous, the ambiguity must be resolved in favor of the person the statute would penalize.
That supports an argument for gun owners: Florida chose lawful federal ownership and possession as its test rather than imposing a separate state registration requirement in this section. But Rinzler involved a registered gun. It did not decide how the exception applies to an unregistered SBR or SBS under the 2026 injunction or ATF's nonenforcement policy.
What has a Florida prosecutor said?
In an October 11, 2026 memorandum to law enforcement in the Eighth Judicial Circuit, State Attorney Brian Kramer concluded that the absence of federal registration alone no longer shows that an SBR or SBS is possessed unlawfully under section 790.221. Relying in part on Rinzler, he reasoned that Florida law does not separately require an ATF form, tax stamp or registration. The memorandum also says that merely possessing an SBR, SBS or suppressor, or being unable to show federal paperwork, should not by itself be treated as evidence of a crime. Other laws that make firearm possession unlawful for a particular person, weapon, place or use still apply.
That memorandum is one prosecutor's position. It is not a court ruling, an Attorney General opinion or a statewide policy. The Eighth Circuit covers Alachua, Baker, Bradford, Gilchrist, Levy and Union counties. Orange and Osceola counties are in the Ninth Circuit, and the memorandum does not bind prosecutors or courts there.
So what is still unsettled?
The argument supporting lawful possession is that the federal ruling and enforcement policy, read together with Florida's express exception, leave no independent state registration requirement to enforce. The Eighth Circuit prosecutor has adopted that interpretation.
The competing concern is that declining to enforce a statute does not itself repeal the statute. A Florida court may need to decide what "lawfully owned and possessed under provisions of federal law" means for the particular person and transaction, including whether judicial relief applies or the person relies only on ATF's policy. ATF expressly leaves this state-law question open.
Because the answer may depend on the specific gun, owner, purchase and county, get advice before relying on the change. If you already have NFA approval records, keep them.
Are Suppressors Legal in Florida?
Section 790.221 does not list suppressors. But Florida's definition of "firearm" includes "any firearm muffler or firearm silencer." So a suppressor is treated as a firearm under Florida's firearm laws. For example, a person barred by section 790.23 (such as a person with a felony conviction whose firearm rights have not been restored) may not possess one.
Suppressors therefore do not raise the same section 790.221 question as SBRs and SBSs, but they remain subject to applicable Florida firearm restrictions.
Should I Cancel an Application or Remove a Registration?
Don't decide based only on the $0 tax or the announcement. ATF warns that changes in the law or facts could cause enforcement to resume, that federal law does not generally allow an unregistered NFA item to be registered later, and that there is no automatic grandfathering. ATF also says an item removed from the registry cannot be put back unless the Attorney General declares an amnesty. Keep your records and get advice before changing anything.
Charged With a Florida Gun Crime Involving an SBR, SBS or Suppressor?
The new federal policy may be relevant to a Florida charge, but it is not an automatic dismissal of a pending case or a pardon for earlier conduct. Questions a defense lawyer may look at include:
Dates: when the gun was made, bought or possessed, compared with the federal changes.
Classification: whether the gun actually meets Florida's definition, including barrel and overall length.
Federal status: any registration, approval records, and whether the person or sale is covered by the court's order.
The stop and the search: why police stopped or searched the person. In Kilburn v. State, 297 So. 3d 671, 674–75 (Fla. 1st DCA 2020), the court reversed a concealed-carry conviction where the officer articulated no basis for detention beyond the handgun's presence. That decision addressed the law and facts of that encounter. It may inform a search-and-seizure argument, but it does not establish that an unregistered SBR, SBS or suppressor is lawful.
Other charges: whether the case also involves a separate charge, such as possession by a prohibited person.
No outcome is guaranteed, and every case depends on its facts. This page covers Florida state charges. Chad does not handle federal cases. For more on Florida weapons charges, see Crimes with Firearms.
Talk With a Former Florida Prosecutor
Chad M. Seibel is a former Florida prosecutor. If you were arrested or charged in Florida with a gun crime involving a short-barreled rifle, short-barreled shotgun or suppressor, or police seized your firearm, call or text 407-846-8008 for a free, confidential consultation. From outside the U.S., dial +1 407-846-8008. You can also request a consultation online.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.
Sources
DOJ letter to Congress, September 24, 2026: decision not to appeal
Section 790.221, Florida Statutes (short-barreled rifles, shotguns and machine guns)
Section 790.001, Florida Statutes (definitions)
Section 790.23, Florida Statutes (persons barred from possessing firearms)
Section 775.082, Florida Statutes (ordinary incarceration limits)
Kilburn v. State, 297 So. 3d 671 (Fla. 1st DCA 2020), No. 1D18-4899
Brian Kramer, Eighth Judicial Circuit State Attorney, memorandum dated October 11, 2026, pp. 1–3 (copy published by The Reload)
Office of the State Attorney, Ninth Judicial Circuit (Orange and Osceola)