By Jay Langston · Updated October 21, 2026
Bottom line
SBR laws by state now decide whether you can own a short-barreled rifle or shotgun without ATF paperwork. Of the 27 states where suppressors transfer on a 4473 alone, 13 have no state law that touches an SBR or SBS (Kansas, Tennessee and Texas repealed theirs between 2022 and 2026). The other 14 tie legality to federal law in some way, and the exact wording of each statute decides whether an unregistered short-barreled gun is a state crime.
Since October 9, 2026, ATF will not enforce the NFA’s Form 1/Form 4 approval, registration or marking rules for SBRs, SBSs, suppressors or AOWs against anyone, and it is not enforcing the GCA’s § 922(b)(4) dealer-approval rule for SBRs/SBSs until it writes a replacement process (ATF). ATF says it cannot say whether an item held unregistered under that discretion counts as lawfully held or registered for state-law purposes.
One distinction runs through every state below. People covered by the Silencer Shop Foundation injunction hold a court ruling that the provisions are unconstitutional as applied to them. Everyone else relies only on ATF choosing not to enforce a statute that is still on the books. A state statute keyed to “in violation of federal law” reads very differently in those two situations.
This is a research summary, not legal advice. Statute text below is quoted from official state sites or, where noted, a 2021–2022 compilation; confirm the current version before acting.
What’s changed since October 9
No federal change: ATF’s October 9 non-enforcement policy stands, and the movement since then is at the state level and in court filings. As of October 21, 2026:
| Date | Who | What happened |
| Oct. 16 | Alaska acting AG Cori Mills | Called state law “in flux”; asked police to consult prosecutors before charging under the prohibited-weapons statute; SB 243 is prefiled to fix it |
| Oct. 15 | Maryland State Police | Advisory: SBRs/SBSs still need an approved Form 1 or Form 4 before the 4473 and Maryland 77R |
| Oct. 13 | Mississippi AG Lynn Fitch | Said suppressor registration is voluntary under state law while ATF’s guidance stands; will seek 2027 law changes |
| Oct. 12 | DOJ, Silencer Shop Foundation case | Told the court nationwide non-enforcement makes clarifying the injunction’s reach in the plaintiff states unnecessary, while still opposing a broader reading |
| Oct. 11 | Florida State Attorney Brian Kramer (8th Circuit) | Memo to police: Fla. Stat. 790.221(3) is satisfied, so unregistered SBRs, SBSs and suppressors are not grounds for arrest; binds only his six counties (Alachua, Baker, Bradford, Gilchrist, Levy, Union) |
| Oct. 7 | DOJ, Brown v. ATF / Missouri v. ATF (E.D. Mo.) | Opposed statewide or nationwide relief; status conference set for October 22 |
Outside the 27, Montana AG Austin Knudsen says state law still needs changing in the 2027 session; his earlier guidance says an unregistered silencer remains a Montana felony (Montana DOJ). Silencer Shop’s state lists were unchanged on October 21; Mississippi is still shown as requiring the Form 4 process.
One pending federal change: an ATF proposed rule would let individuals take an SBR or SBS across state lines for trips of 365 days or less without a Form 20. Comments closed August 6, 2026; it is not final, so the Form 20 is still required.
How to read the statutes
State SBR/SBS laws in these 27 states fall into five kinds of wording, from least to most risk for an unregistered gun.
| Risk | Wording type | What it turns on | States |
| Lowest | No state SBR/SBS prohibition | Federal law only | ID, IN, KS, KY, ME, NH, NM, TN, TX, UT, VT, WV, WY; SBRs only in MN, SD |
| Moderate | “In violation of federal law” | Whether un-enforced conduct is still a federal “violation” | AL, IA, MO |
| Moderate | “Lawfully owned/possessed under,” “in compliance with,” or “qualified under” federal law | Whether non-enforcement makes possession “lawful” or “compliant” | AZ, FL, NE, OK, VA |
| Higher | NFA compliance frozen at a past date | Arkansas ties its exception to the NFA “as … existed on January 1, 2019,” when registration was required | AR |
| Highest | Explicit federal registration, ATF authorization, or a state ban | Registration itself, which no longer happens unless you file voluntarily | LA, MD, SC, SD (SBS); MN bans SBS outright |
For the moderate rows, a covered party has the better argument: a court has held the federal provisions unconstitutional as applied to them, so there is arguably no “violation” and their possession is arguably “lawful.” A non-covered buyer relying only on ATF’s discretion is technically still acting contrary to a statute that has not been repealed.
State by state
The five highest-risk states for an unregistered short-barreled gun are Louisiana, Maryland, South Carolina, South Dakota (SBS) and Minnesota (SBS, banned outright). Tennessee has no state SBR/SBS restriction at all.
| State | Statute | Key language (quoted or closely paraphrased) | Read for an unregistered SBR/SBS |
| Alabama | Ala. Code § 13A-11-63 | Possessing an SBR or SBS “in violation of federal law” is a Class C felony | Moderate: turns on whether un-enforced conduct is a “violation” |
| Arizona | A.R.S. § 13-3101(A)(8), (B) | SBRs/SBSs are “prohibited weapons,” but the list excludes items “possessed, manufactured or transferred in compliance with federal law” | Moderate |
| Arkansas | Ark. Code § 5-73-104 (2020 text) | Bans bombs, metal knuckles and “other implement” with “no lawful purpose”; does not name SBRs; exempts items in compliance with the NFA “as … existed on January 1, 2019” | Higher if a prosecutor treats an SBR as an “other implement”; the 2019 freeze points to the registration-era NFA |
| Florida | Fla. Stat. § 790.221 | SBR/SBS possession is a 2nd-degree felony; firearms “lawfully owned and possessed under provisions of federal law are excepted” | Moderate; one state attorney (8th Circuit, six counties) says the exception is met and unregistered items are not grounds for arrest |
| Idaho | None found | 2022 compilation lists no SBR/SBS provision | Lowest |
| Indiana | None found | 2022 compilation lists only a machine-gun ban | Lowest |
| Iowa | Iowa Code § 724.1C (2021 text) | No knowing possession of an SBR or SBS “in violation of federal law”; Class D felony | Moderate |
| Kansas | K.S.A. 21-6301, amended by HB 2501 | Signed April 9, 2026, effective July 1, 2026; removed suppressors and short-barreled shotguns from criminal use of weapons (SBRs were never listed) | Lowest |
| Kentucky | None found | 2022 compilation lists no SBR/SBS provision | Lowest |
| Louisiana | La. R.S. 40:1785, 40:1781(3) | No one may possess a “firearm” (defined to include SBRs, SBSs and silencers) that “has not been registered or transferred in accordance with Title 18 or Title 26 … as applicable” | Highest: registration language; “as applicable” is the only argument |
| Maine | None found | 2022 compilation lists only a machine-gun ban | Lowest |
| Maryland | Md. Pub. Safety § 5-203 (2021 text) | No SBR/SBS unless it “has been registered with the federal government in accordance with federal law”; the defendant must prove registration; up to 5 years | Highest; Maryland State Police (Oct. 15) say SBRs/SBSs still need an approved Form 1 or 4 |
| Minnesota | Minn. Stat. § 609.67 (2021 text) | SBS banned except police, BCA-designated collector’s items and similar; no SBR provision | SBR lowest; SBS banned regardless |
| Missouri | RSMo 571.020.1(6)(b) (2021 text) | Offense to possess “any of the following in violation of federal law,” including an SBR or SBS; Class D felony | Moderate; 2026 bills touched suppressors, not SBRs |
| Nebraska | Neb. Rev. Stat. § 28-1203 (2021 text) | Short rifle/shotgun possession is a Class IV felony, except “persons qualified under the provisions of federal law” for those guns | Moderate |
| New Hampshire | None found | 2022 compilation lists no SBR/SBS provision | Lowest |
| New Mexico | None found | 2022 compilation lists no SBR/SBS provision | Lowest |
| Oklahoma | 21 O.S. § 1289.18 | Sawed-off possession is a felony unless “lawfully possessed under federal law” or not an NFA “firearm”; an approved NFA form is a defense | Moderate; HB 3301 (2026) would rewrite it, final status not confirmed |
| South Carolina | S.C. Code §§ 16-23-230, -250; 23-31-330 | Possession unlawful except for persons “authorized to possess these weapons by the … Bureau of Alcohol, Tobacco and Firearms”; separate SLED registration card, sheriff-approved, expires each December 31; felony up to 10 years | Highest: non-enforcement is not “authorization” |
| South Dakota | SDCL 22-14-6; 22-1-2(8) | “Controlled weapon” now covers machine guns and short shotguns (silencers removed February 2026; SBRs not listed); exception for a person who “has registered such weapon with the proper state or federal authority” | SBR lowest; SBS highest |
| Tennessee | Tenn. Code § 39-17-1302 | SBRs/SBSs removed from prohibited weapons in 2022; the NFA-compliance exception now covers only machine guns | Lowest |
| Texas | Penal Code § 46.05, amended by SB 1596 | “Short-barrel firearm” deleted from prohibited weapons, effective September 1, 2025 | Lowest |
| Utah | Utah Code 76-11-203 | No possession ban; crime only to conceal an “unlawfully possessed” SBR/SBS; under-18 ban “except as provided by federal law” | Lowest, with that concealment caveat |
| Vermont | None found | Secondary sources only | Lowest; verify |
| Virginia | Va. Code § 18.2-303.1 | Class 4 felony otherwise; the article does not reach a sawed-off rifle or shotgun “possessed in compliance with federal law” | Moderate |
| West Virginia | None found | Secondary sources only | Lowest; verify |
| Wyoming | None found | Secondary sources only | Lowest; verify |
Rows marked “2021 text” or “2020 text” come from a state-statute appendix filed with the U.S. Supreme Court in 2022; I found no later amendment but did not open the current official page.
Private sales and transfers
Federally, a private in-state sale of a suppressor, SBR, SBS or AOW between two unlicensed people now works like any other private gun sale: no Form 4, no ATF approval. ATF says unlicensed individuals no longer need approval to make or transfer these items and may file forms voluntarily (ATF FAQ).
What changed federally
- No Form 4 for a private transfer, and no Form 1 to build an SBR, SBS, suppressor or AOW.
- Suppressors and AOWs can cross state lines unregistered: ATF will not enforce the NFA ban on interstate transport of unregistered items.
- FFLs transfer suppressors and AOWs on a 4473 and NICS check, and Form 3s between dealers are optional.
- FFLs can also transfer SBRs and SBSs without ATF approval for now; ATF will not enforce § 922(b)(4) until it writes a non-NFA approval process.
What did not change
- A private sale to a resident of another state is still illegal; it must go through an FFL in the buyer’s state.
- Selling to a prohibited person, or to someone you have reasonable cause to believe is prohibited, is still a federal crime.
- Repeated sales for profit can still mean “engaging in the business” without a license, and NFA dealers still owe the special occupational tax.
- Taking an SBR or SBS across state lines still requires an approved Form 20 (ATF Form 5320.20), registered or not.
- Machine guns and destructive devices keep the full NFA process and the $200 tax.
State overlays on a private sale
- The item itself: a private buyer in a Group 2 state (AK, CO, CT, GA, MI, MS, MT, NV, NC, ND, OH, OR, PA, WA, WI), or an SBR/SBS buyer in LA, MD, SC or SD, needs the item registered to be safe under state law. That now means a voluntary Form 4.
- Background-check rules: several Group 1 states have their own private-sale background-check requirements (Virginia, New Mexico and Vermont for most firearms; Maryland, Maine and Minnesota for some). These were not re-verified for this article, and whether a suppressor counts as a “firearm” under each state’s rule needs checking.
Already-registered items
- A registered item can now change hands on a bill of sale, but the buyer’s possession is then unregistered.
- An owner can ask ATF to remove an item from the registry by writing NFAFAX@atf.gov. ATF warns that a removed item cannot be re-registered unless the Attorney General declares an amnesty.
- Lending an SBR or suppressor for someone else’s independent use is a transfer under the NFA definitions; the safer course is to stay with the gun.
A practical routine for a private sale: confirm in-state residency with a driver’s license, ask for a carry permit as a prohibited-person check, write a bill of sale with the serial number, and decide together whether to file a voluntary $0 Form 4.
Risks and what to watch
The biggest risk is a policy reversal: ATF says enforcement could resume if Congress adds a tax, the injunction is overturned, or DOJ rescinds the guidance, and unregistered items get no automatic grandfathering (ATF FAQ).
- Voluntary registration: ATF still keeps the registry and processes Form 1s and 4s at $0. A registered item is safe under every state statute above and under a future reversal.
- Covered vs. non-covered: members and customers of the Silencer Shop Foundation plaintiffs (GOA, GOF, FRAC and others; Silencer Shop, SilencerCo, PSA, B&T) hold a court ruling, not just agency discretion. That matters most in the “violation of” and “lawfully possessed” states.
- Pending state bills: Oklahoma HB 3301 (rewrite of § 1289.18, would take effect November 1, 2026 if enacted) and Missouri HB 1730 (suppressors) were moving in 2026; I could not confirm final passage of either.
- State attorney general opinions: still none in the 27 states on whether ATF non-enforcement satisfies “lawful under federal law” wording; Florida’s is one regional prosecutor’s memo, and Mississippi and Alaska (outside the 27) have taken opposite approaches.
- ATF’s coming SBR/SBS approval form: once ATF writes its § 922(b)(4) replacement, FFL transfers of SBRs and SBSs will need that new approval.
Sources
Federal
- ATF – Update to NFA Transfer Guidance and FAQ (Oct. 9, 2026)
- ATF Open Letter, effective Oct. 9, 2026
- ATF press release, Oct. 9, 2026
- ATF NPRM, Interstate Transport of NFA Firearms (2026-09161)
- Silencer Shop – Where Are Silencers Legal?
State statutes
- Appendix F, state firearms statutes, U.S. Supreme Court docket 22-5748 (2022)
- Ala. Code § 13A-11-63
- A.R.S. § 13-3101
- Fla. Stat. § 790.221
- Kansas HB 2501 – Sportsmen’s Alliance
- La. R.S. 40:1785 and 40:1781
- Oklahoma – NRA-ILA state summary; OK HB 3301 committee substitute
- S.C. Code Title 16, Ch. 23 and Title 23, Ch. 31
- SDCL 22-14-6
- Tenn. Code § 39-17-1302
- Texas SB 1596 enrolled text
- Utah Code Title 76, Ch. 11
- Va. Code § 18.2-303.1
News & state guidance
- Maryland State Police Advisory LD-FRU-26-001 (Oct. 15, 2026)
- Mississippi AG says suppressor registration forms are voluntary – WLOX
- Alaska acting AG calls on Legislature to fix gun law gray area – Alaska’s News Source
- Montana AG legal guidance after Silencer Shop ruling – Montana DOJ
- DOJ opposes broader NFA court protection – AmmoLand
- DOJ fights broader NFA relief in Brown v. ATF – AmmoLand
- Florida state attorney’s NFA memo – The Truth About Guns
- Missouri HB 1730 – St. Louis Public Radio
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