Can You Make Your Own Suppressor Without ATF Approval in 2026? What Individuals Can and Cannot Do After ATF’s October 9 Policy

On October 9, 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced that it will stop enforcing the National Firearms Act (NFA) requirement to get advance ATF approval before making a suppressor (also called a silencer). For an unlicensed individual, that means ATF says you no longer need to file ATF Form 1 and wait for approval before making one. Our main report covers the full policy: ATF NFA Enforcement Ends for Suppressors, SBRs and SBSs (2026).

But this is an enforcement decision, not a repeal of the law. The NFA is still on the books, state laws still apply, the Gun Control Act (GCA) still applies, and ATF warns the policy could be reversed. A person who makes a suppressor now takes on real legal risk if the rules change or if their state treats unregistered suppressors as illegal. This article explains the law only. It is not a guide to building anything.

The Short Answer

• Federally: ATF says unlicensed individuals no longer need Form 1 approval to make a suppressor, short-barreled rifle (SBR), short-barreled shotgun (SBS) or “any other weapon” (AOW).
• Registration is voluntary. ATF will keep the National Firearms Registration and Transfer Record and process forms from people who choose to file.
• State law still controls. ATF says most states require NFA items to comply with federal law or be registered, and a minority prohibit them outright. ATF cannot say how states will treat unregistered items.
• No business without licenses. An unlicensed person may not engage in the business of making or transferring these items.
• No transfers to out-of-state residents or prohibited persons.
• No grandfathering. If enforcement resumes, unregistered items could be treated as contraband.

Individual Suppressor Making After October 9, 2026: Quick Facts

Question	Answer under current ATF guidance
Does an unlicensed individual need ATF approval (Form 1) to make a suppressor?	No. ATF says it will not enforce the prior-approval requirement
Can an individual still file Form 1?	Yes, voluntarily. ATF will keep processing NFA forms
Is the $200 federal making tax still owed?	No. Congress reduced the making and transfer tax to $0 for suppressors, SBRs, SBSs and AOWs in the One Big Beautiful Bill Act
Is NFA registration required?	Not enforced for these items
Does the NFA marking requirement apply?	ATF says it will not enforce the NFA marking requirement for these items. Serial number rules still matter (see below)
Does the policy override state law?	No
Can a person who is legally prohibited from having firearms make or own one?	No. Federal prohibitions on possession remain
Can an unlicensed individual make suppressors as a business?	No. Licensing and special occupational tax rules remain
Can an unlicensed individual transfer one to a resident of another state?	No, according to ATF
Is the NFA repealed?	No
Are machine guns and destructive devices affected?	No. They remain fully regulated and taxed
Could the policy change?	Yes. ATF warns enforcement could resume
Official source	ATF’s “Update to NFA Transfer Guidance” page, Open Letter and FAQs (listed in Sources)

What Changed on October 9, 2026?

The change followed a federal court ruling in Silencer Shop Foundation v. ATF, No. 6:25-cv-056 (N.D. Tex. Aug. 5, 2026). Congress had earlier reduced the making and transfer taxes to $0 for suppressors, SBRs, SBSs and AOWs in the One Big Beautiful Bill Act. The court held that, with the tax at $0, the NFA’s making, registration and transfer provisions were no longer valid exercises of Congress’s taxing power as applied to those items, and that Congress did not rely on its commerce power when it enacted the NFA.

The court’s injunction covers only the plaintiffs in that case and certain related persons, such as members and customers of the plaintiff organizations. It does not bind other courts. But ATF said that, for policy reasons including fairness between plaintiffs and everyone else, the Department of Justice will not enforce the covered NFA provisions against anyone as applied to the domestic making, possession and transfer of these four categories. ATF’s Open Letter says the policy took effect October 9, 2026.

That is why this is called enforcement discretion. The government has decided not to enforce certain provisions. It has not changed the statute. The agency has also said it has done this for the four categories where Congress zeroed out the tax, and not for machine guns or destructive devices.

This is not the first time ATF enforcement stances have shifted and left states and owners with questions. For another example of how federal enforcement decisions can differ from state rules, see our guide, Are FRT Triggers Legal? State-by-State Guide 2026.

What Is ATF No Longer Enforcing?

According to ATF’s FAQ, ATF stopped enforcing these NFA provisions as applied only to SBRs, SBSs, silencers and AOWs:

• The requirement to apply for and get prior approval to make an NFA firearm.
• The requirement, for those engaged in the business, to register an NFA firearm within 24 hours of making it.
• The requirement to apply for and get prior approval to transfer an NFA firearm.
• The requirement to register a firearm in the National Firearms Registration and Transfer Record.
• The NFA prohibitions on making, receiving, transferring and possessing unregistered NFA firearms, with two exceptions described below.
• The prohibition on transporting unregistered NFA firearms in interstate commerce (26 U.S.C. § 5861(j)).
• The NFA requirement to mark NFA firearms.
• Any other NFA provision specifically enjoined by the court’s judgment.

What ATF Is Still Enforcing

• Obliterated serial numbers and illegally imported firearms. ATF will keep enforcing 26 U.S.C. § 5861(h) (possession of firearms with obliterated serial numbers) and § 5861(k) (possession of illegally imported firearms).
• Special occupational taxes on anyone engaged in the business of making, importing or dealing in NFA items.
• Machine guns and destructive devices. The $200 tax remains and all NFA rules apply in full.
• All Gun Control Act requirements.

Related article: Is It Legal to Livestream Nidal Hasan’s Execution? Fort Hood Firing Squad Set for December 3

Do Individuals Still Need ATF Form 1 to Make a Suppressor?

ATF’s FAQ answers this directly: no. Because of ATF’s enforcement discretion, unlicensed individuals no longer need to file a Form 1 and receive ATF approval before making or transferring these items. Form 1, formally the “Application to Make and Register a Firearm,” was the application individuals used to get approval to make an NFA item.

That does not mean Form 1 is gone. Unlicensed individuals may voluntarily file Form 1 if they want to register firearms or devices in the National Firearms Registration and Transfer Record, and ATF says it will keep approving NFA forms for those who submit them.

Step	Before October 9, 2026	After October 9, 2026 (federal enforcement policy)
ATF approval to make (Form 1)	Required	Not enforced; voluntary
Federal making tax	$200 (reduced to $0 by Congress for these items)	$0
NFA registration	Required	Not enforced; voluntary
NFA marking requirement	Required	Not enforced
Transferring to an individual	Form 4, tax and approval	Not enforced under the NFA; GCA rules for dealers and out-of-state buyers still apply
Making as a business	License and special occupational tax	Still required
State law	Applies	Still applies

Personal Making vs. Running a Suppressor Business

The policy is about individuals acting for themselves. Federal law draws a firm line between that and a firearms business.

• The GCA bars unlicensed manufacturing as a business. Under 18 U.S.C. § 922(a)(1)(A), a person who is not a licensed manufacturer, importer or dealer may not engage in the business of manufacturing firearms. Under 18 U.S.C. § 921(a)(21)(A), a manufacturer “engaged in the business” is someone who devotes time, attention and labor to manufacturing firearms as a regular course of trade or business, with the principal objective of livelihood and profit through the sale or distribution of the firearms made.
• ATF’s FAQ says so directly. Unlicensed individuals may not engage in the business of manufacturing or transferring these weapons.
• Special occupational tax remains. Congress did not eliminate the tax on those engaged in the business of manufacturing, importing or dealing in NFA firearms (26 U.S.C. § 5801), and the court did not enjoin it.
• Selling is where people get into trouble. Making items to sell, repeatedly or for profit, can cross the line into an unlicensed business even if each item is made at home.

If you are thinking about making and selling suppressors, you need federal licensing advice from a qualified firearms attorney before you do anything.

Federal Laws That Still Apply to Individuals

The Gun Control Act

Suppressors, SBRs, SBSs and AOWs are still “firearms” under the GCA. ATF says GCA requirements still apply to individuals and that licensed dealers must still use Form 4473, run NICS background checks and keep records when transferring these items. No one may sell or deliver one to a person who they know, or have reasonable cause to believe, is prohibited from having a firearm.

Prohibited Persons

Federal law bars certain people from possessing firearms, including people covered by 18 U.S.C. § 922(g), such as people convicted of felonies, certain domestic violence misdemeanors, and unlawful users of controlled substances, along with other categories in the statute. The October 9 policy does not change that. A prohibited person cannot treat it as permission to make or own a suppressor.

A “Silencer” Includes Parts

Federal law defines a firearm silencer to include not just a finished device but also any part intended only for use in assembling or fabricating one (18 U.S.C. § 921(a)(25)). Legal questions about parts, kits and components are therefore not trivial, and people should not assume an item is unregulated because it is incomplete. A firearms attorney can advise on a particular item.

Serial Numbers

ATF is still enforcing the NFA ban on possessing a firearm with an obliterated serial number (§ 5861(h)). Tampering with or removing markings on an existing firearm remains a serious federal crime.

Transfers and Interstate Rules

• Transfers: ATF says unlicensed individuals may not transfer these items to residents of other states or to people prohibited by law from having firearms, and may not engage in the business of transferring them.
• Silencers in interstate travel: ATF is not enforcing 26 U.S.C. § 5861(j), the prohibition on transporting unregistered NFA firearms across state lines, including for people not covered by the court’s injunction. State law at your destination still matters.
• SBRs and SBSs in interstate travel: Individuals must still file a Form 20 before interstate transportation of an SBR or SBS, even an unregistered one (18 U.S.C. § 922(a)(4)).

Using a Suppressor in a Crime

Separate from the NFA, 18 U.S.C. § 924(c)(1)(B)(ii) imposes a 30-year mandatory minimum sentence when a firearm equipped with a silencer is used in a federal crime of violence or drug trafficking crime. That penalty is not affected by the October 9 policy.

State and Local Law: The Biggest Risk for Individuals

ATF says plainly that its guidance does not override state and local laws, and that it cannot say whether holding an unregistered suppressor under its enforcement policy will count as lawfully held for state-law purposes.

Here is the problem. ATF’s FAQ says most states require people who possess NFA items to comply with federal law or to register them under the NFA. If your state’s law is written that way, the question becomes whether an item that ATF is choosing not to require registration for counts as legal under the state’s wording. That depends on the text of the state statute and how state prosecutors and courts read it. ATF’s decision does not bind them.

ATF describes the landscape in three groups:

• Some states have no state-level restrictions on some or all NFA items. For example, many states do not impose state-level controls on silencers.
• Most states require that NFA items comply with federal law or be registered under the NFA.
• A minority of states prohibit possession of most or all NFA items. The court’s injunction and ATF’s policy do not affect those laws.

Also keep in mind that under the GCA, a licensed dealer may not sell or deliver an NFA item in violation of state or local law (18 U.S.C. § 922(b)(2)). Local ordinances can matter too. Some states also have separate rules for hunting with suppressors, which are covered in our guide on firearm hunting legal requirements and state-specific regulations.

Before doing anything, read your state’s actual statute and ask a firearms attorney in your state how it applies after October 9. National news coverage cannot tell you what is legal in your state.

Should an Individual Voluntarily File Form 1?

ATF says individuals may voluntarily file registration forms, and the agency will keep maintaining the registry and approving NFA forms. Whether that makes sense depends on your state’s wording, your risk tolerance and the facts of your situation. Points to weigh with an attorney:

• State law. If your state’s law ties lawful possession to NFA registration, registration may matter more for you.
• Future changes. If enforcement resumes, a registered item is in a very different legal position from an unregistered one.
• Registration cannot easily be undone. ATF says that if you want to remove an item from the registry, you can write to the NFA Division, but once removed, an item cannot be re-registered unless the Attorney General declares an amnesty.
• If you started an application and changed your mind, ATF says to write the NFA Division to withdraw it.

This article does not recommend for or against registering. That is a decision to make with advice from an attorney who knows your state’s law.

What If Enforcement Resumes? The Future Risk

ATF’s FAQ is direct about this. Material changes could cause NFA enforcement to resume, for example:

• Congress could impose a new tax on NFA firearms.
• The court’s injunction could be dissolved or overturned on appeal.
• The Department of Justice could rescind its enforcement guidance.

The key legal risks:

• Unregistered NFA firearms are treated as contraband. People who make, possess, transfer or receive unregistered NFA firearms are subject to felony penalties and forfeiture (26 U.S.C. §§ 5861, 5871, 5872; 49 U.S.C. §§ 80302, 80303). Under § 5871, the NFA penalty is up to 10 years in prison and a fine.
• No automatic grandfathering. ATF says federal law does not generally allow later registration of unregistered NFA items and has no automatic grandfather provision.
• Amnesty is possible but not promised. The NFA lets the Attorney General hold an amnesty of up to 90 days to allow registration, and the Internal Revenue Code has some forbearance provisions. But the Attorney General is not required to use them, and that decision would be made if and when the injunction is dissolved.

In plain terms: anyone who makes an unregistered item now is relying on a policy that can be withdrawn, with no guaranteed way to fix their status later.

Special Rules for Licensed Businesses

This article is aimed at individuals, but readers who are in or considering the industry should know that ATF says:

• Licensed dealers must still use Form 4473 and NICS checks for transfers to unlicensed people.
• Special occupational tax must still be paid for each business activity.
• Businesses that make silencers for customers must have the right GCA manufacturing license and must serialize all firearms and silencers.
• Businesses manufacturing silencers before November 20, 2026 will have to register with the Department of State under the International Traffic in Arms Regulations (ITAR).
• For SBRs and SBSs, 18 U.S.C. § 922(b)(4) still prohibits dealers from selling or delivering them except as authorized by the Attorney General. Because no replacement approval process exists yet, ATF says it will not enforce that provision until regulations are in place.

Licensed businesses should get legal advice before relying on the new policy.

What About Existing Registered Suppressors?

Existing registrations do not disappear. ATF says it will keep maintaining the registry. Owners who want to remove an item from their NFA inventory can write to the NFA Division, but removal is effectively permanent, as explained above. Owners should talk to a firearms attorney before changing a registration record or moving a registered item.

Does the Court Ruling Bind Other Courts?

No. ATF’s FAQ says U.S. District Court orders generally do not bind other federal courts or state courts, and other courts could reach different conclusions about whether the NFA is a valid exercise of Congress’s taxing power or commerce power. That is one more reason the legal ground is less settled than a headline suggests.

Questions to Settle Before Acting

This is a legal checklist, not instructions:

1. Am I legally allowed to possess firearms under federal and state law?
2. What does my state’s statute say about suppressors and about unregistered NFA items?
3. Do any local rules apply where I live or plan to use the item?
4. Would my plans involve selling, trading or transferring the item, which the policy does not allow for unlicensed individuals?
5. Am I comfortable with the risk if enforcement resumes and the item is unregistered?
6. Have I asked a firearms attorney who knows both federal law and my state’s law?

Related Coverage From AllAboutLawyer.com

• ATF NFA Enforcement Ends for Suppressors, SBRs and SBSs (2026): our full report on the nationwide policy and the Texas ruling.
• Are FRT Triggers Legal? State-by-State Guide 2026: how federal enforcement decisions can differ from state restrictions.
• Firearm Hunting Legal Requirements 2025: State-Specific Regulations, Caliber Restrictions and Licensing: background on how federal firearms rules interact with state requirements.
• Bryan Malinowski Wrongful Death Lawsuit: Bench Trial Set for August 2027 After Fatal ATF Raid: a separate case involving an ATF operation.

Frequently Asked Questions

Can I legally make my own suppressor without Form 1 in 2026?

ATF says unlicensed individuals no longer need to file Form 1 and receive ATF approval before making a suppressor, under its October 9, 2026 enforcement discretion policy. State and local law, other federal laws and the risk of future enforcement still apply.

Do I still need ATF Form 1?

Not as an enforcement matter for suppressors, SBRs, SBSs and AOWs. You may still file one voluntarily if you want the item registered.

Is the $200 tax still required?

No. Congress reduced the federal making and transfer taxes to $0 for suppressors, SBRs, SBSs and AOWs. The $200 tax remains for machine guns and destructive devices, and special occupational taxes remain for businesses.

Is it legal to make a suppressor in my state?

It depends on your state. Some states have no restrictions, most tie lawful possession to federal law or NFA registration, and a minority prohibit suppressors. ATF says it cannot tell you how your state will treat an unregistered item. Check your state’s statute and ask a firearms attorney.

Does the policy apply nationwide?

Yes, as ATF enforcement policy. But it is not a nationwide court order. The court’s injunction covers only the plaintiffs and related persons.

Can I sell or give away a suppressor I made?

ATF says unlicensed individuals may not engage in the business of making or transferring these weapons, and may not transfer them to residents of other states or to prohibited persons. State law may add more limits. Get legal advice before any transfer.

Can I take a suppressor to another state?

ATF is not enforcing the NFA’s ban on interstate transport of unregistered silencers, but state law at your destination and along the way still matters. SBRs and SBSs still require a Form 20 before interstate transport.

Do I need to engrave my name on it?

ATF says it will not enforce the NFA marking requirement for these items. Rules on serial numbers and tampering still apply, and state law may differ. Businesses must serialize.

What happens if ATF starts enforcing again?

Unregistered NFA firearms are treated as contraband and carry felony penalties and forfeiture. ATF says there is no automatic grandfathering and that any amnesty is up to the Attorney General.

Should I register my suppressor voluntarily?

ATF says it will keep accepting registrations. Whether to register depends on your state’s law and your situation, and removal from the registry is effectively permanent. Talk to a firearms attorney.

Are machine guns affected?

No. Machine guns and destructive devices remain fully subject to the NFA, including the $200 tax.

Could this policy change?

Yes. Congress could impose a new tax, the injunction could be dissolved or overturned, or the Department of Justice could rescind its guidance.

Bottom Line

Federally, ATF has said an unlicensed individual no longer needs Form 1 approval to make a suppressor. But that is a policy choice that can be reversed, not a repeal. The biggest practical risks are state law, which ATF says it cannot resolve for you, and the possibility that unregistered items become contraband again with no guaranteed way to fix their status. Making or selling suppressors as a business remains a licensed activity. Before acting, check your state’s statute, confirm you are legally allowed to possess firearms, and talk to a firearms attorney.

Disclaimer: I am a legal content researcher, not a practicing attorney. This article is general information, not legal advice, and it is not instructions for making any firearm or accessory. It is based on ATF’s official Open Letter and FAQs dated October 9, 2026. Enforcement policies and state laws can change quickly, and penalties for violations are severe. Verify the current federal guidance and the law where you live before making, transferring or possessing any firearm or suppressor, and consult a licensed firearms attorney about your situation.

About the Author

Israr Ahmad is the founder and legal content researcher at AllAboutLawyer.com, a legal information site covering consumer class action lawsuits and settlements.

Sources

1. ATF, “Update to NFA Transfer Guidance,” including the official FAQs (last updated October 9, 2026): https://www.atf.gov/firearms/update-to-nfa-transfer-guidance
2. ATF Open Letter, “NFA transfers of short-barreled rifles, short-barreled shotguns, silencers and ‘any other weapons,’ effective October 9, 2026”: https://www.atf.gov/media/30961/download
3. ATF press release, “ATF issues guidance on National Firearms Act transfers for short-barreled rifles, short-barreled shotguns, suppressors, and certain other firearms”: https://www.atf.gov/news/press-releases/atf-issues-guidance-national-firearms-act-transfers-short-barreled-rifles-short-barreled-shotguns-suppressors-and-certain-other-firearms
4. ATF, Firearms Forms (including Form 1): https://www.atf.gov/firearms/forms
5. Silencer Shop Foundation v. ATF, No. 6:25-cv-056 (N.D. Tex. Aug. 5, 2026), as cited in ATF’s official FAQ
6. National Firearms Act, 26 U.S.C. §§ 5801, 5845, 5861, 5871, 5872; 49 U.S.C. §§ 80302, 80303
7. Gun Control Act, 18 U.S.C. §§ 921(a)(21), 921(a)(25), 922(a)(1), 922(a)(4), 922(b)(2), 922(b)(4), 922(g), 924(c)
8. One Big Beautiful Bill Act (2025), provisions reducing the NFA making and transfer tax to $0 for suppressors, short-barreled rifles, short-barreled shotguns and “any other weapons”

By Israr Ahmad, Founder and Legal Content Researcher, AllAboutLawyer.com | Last updated: October 10, 2026