Suppressors, SBRs, SBSs, and AOWs: What the October 9, 2026 ATF Guidance Means for Minnesota Buyers
Updated: Oct 12
Updated October 12, 2026
If you have been thinking about a suppressor, a short-barreled rifle (SBR), or another NFA item, the rules around buying one just changed. Here is the plain-English version of what happened, what it means at Black Diamond Armory (BDA), and what still applies.
What Changed
A federal court case, Silencer Shop Foundation v. ATF (N.D. Texas), blocked the NFA registration and approval requirements for covered parties, and the Department of Justice chose not to appeal. In September, several of the states that brought the case asked the court to clarify how far its order reaches (Dkt. 144). The government's response is due October 12, 2026, and the court has not ruled yet. Minnesota is not one of those states, so for Minnesota buyers the change comes from ATF's October 9 enforcement policy, not the court order. We'll update this post if anything changes. The $200 NFA tax on these items was already reduced to $0.
Effective October 9, 2026, ATF will not enforce the following against anyone, not just the plaintiffs:
Prior approval to make or transfer SBRs, short-barreled shotguns (SBSs), suppressors, and any other weapons (AOWs)
NFA registration
The ban on making, receiving, transferring, or possessing unregistered items (except items with altered or removed serial numbers and illegally imported items)
The NFA marking requirement
The ban on interstate transport of unregistered suppressors and AOWs
Machine guns and destructive devices are unchanged. The full NFA process and the $200 tax still apply to them.
Where BDA Stands
BDA is now transferring suppressors, and other covered items where Minnesota law allows, on a Form 4473 with an NICS background check. No Form 4 is required, and there is no wait for ATF approval.
A Form 4 is optional. If you want your item registered, for peace of mind or future-proofing, just ask us.
What Still Applies
Buying from a dealer still means:
Completing a Form 4473
Passing an NICS background check
Dealer recordkeeping and all Gun Control Act rules
Dealers generally sell only to residents of their own state
Prohibited persons still cannot buy
State law still applies, and it may be stricter than federal law.
Minnesota, Item by Item
Suppressors: Legal to own in Minnesota when lawfully possessed under federal law. Minn. Stat. 609.66, subd. 1a makes it a felony to sell or possess a suppressor that is "not lawfully possessed under federal law." ATF says it cannot say whether an unregistered suppressor held under its new policy counts as lawfully possessed for state-law purposes, and we haven't seen Minnesota guidance on that yet. That's why we offer a free ($0) Form 4 with every suppressor.
SBRs: No Minnesota statute bans SBRs. A rifle with a barrel under 16 inches meets Minnesota's legal definition of a pistol, so the state's pistol transfer rules apply. Bring a permit to purchase or a permit to carry. Without one, we file a transfer report and there is a 30-day wait before pickup unless local law enforcement waives it. BDA sells SBRs only to Minnesota residents age 21 and older.
SBSs: Generally illegal to own in Minnesota under Minn. Stat. 609.67 (barrel under 18 inches, or made from a shotgun with an overall length under 26 inches), regardless of federal changes. The law has only narrow exceptions, such as law enforcement use and items the BCA has ruled to be collector's items. BDA does not sell SBSs to the public.
AOWs: Minnesota has no specific AOW statute. Shotgun-based AOWs under 26 inches overall may count as short-barreled shotguns under state law, and many AOWs meet the pistol definition. Ask us before you buy.
How Buying a Suppressor at BDA Works Now
Pick it out. Talk with us about your host firearm, mounting system, and intended use. Weight, sound reduction, durability, and backpressure all change depending on the rifle or pistol you run it on.
Fill out a Form 4473.
Pass the NICS background check.
Review and sign our short buyer disclosure. You must be 21 or older to buy a suppressor.
Take it home. Because dealers generally sell only to residents of their state, BDA's transfers are for Minnesota residents.
Optional: a free Form 4 ($0 tax). If you want your suppressor registered with ATF, tell us and we'll file it for you. We hold the suppressor until ATF approves it, then you pick it up.
Frequently Asked Questions
Do I still need a background check?
Yes. Buying from BDA still requires a Form 4473 and an NICS background check.
Do I need a Form 4?
No, not for transfers at BDA. A Form 4 is an optional registration if you want one. ATF will still process Form 1, 3, and 4 applications. Once an item is removed from the registry, it cannot be re-registered unless the Attorney General declares an amnesty. A pending Form 4 can be withdrawn by writing the NFA Division.
Does BDA buy used suppressors?
Yes. If your suppressor is registered with ATF, we buy it on a $0 Form 4 that transfers it to BDA. You keep your suppressor until ATF approves the Form 4, then bring it in to finish the sale. Please don't ask ATF to remove it from the registry before you sell. Once an item is removed, ATF says it cannot be re-registered unless the Attorney General declares an amnesty. If you buy a used registered suppressor from us, you can choose a free Form 4 so it stays registered. If you take it on a Form 4473 only, it will be removed from the registry.
Can I buy an SBS in Minnesota?
Generally, no. Minnesota law bans short-barreled shotguns outside a few narrow exceptions, and BDA does not sell them to the public.
Can I take my SBR out of state?
Not without an approved Form 20 (ATF Form 5320.20). That approval is still required before taking an SBR or SBS across state lines, whether or not it is registered. Federal law (18 U.S.C. 922(b)(4)) also still requires Attorney General authorization for a dealer to sell SBRs and SBSs. ATF says it will not enforce that requirement until regulations exist, and it is drafting new forms. Also, BDA doesn't sell SBRs to residents of other states. If you're traveling, check the laws of every state you'll pass through, since some ban SBRs.
What if the rules change?
Enforcement could resume if Congress imposes a new tax, if the injunction is overturned, or if DOJ rescinds the guidance. Unregistered items are not grandfathered. That is the main reason some buyers choose a Form 4 now. Keep an eye on both federal and state law, since Minnesota rules can be stricter.
Could this change?
Since October 9, 2026, ATF has stopped enforcing the National Firearms Act's approval and registration requirements for suppressors and short-barreled rifles (SBRs). That means we can sell them like other firearms, on a Form 4473 with a NICS background check, and a Form 4 is optional. Please keep in mind that this is a change in how ATF enforces the law, not a change to the law itself. ATF or a court could reverse it, and there's no guarantee that items bought without registration would be grandfathered if that happens. To help protect your investment, we'll file a voluntary Form 4 for you at no charge ($0 tax) if you want one. Minnesota law still applies. Minnesota treats an SBR as a pistol, so you'll need a permit to purchase or a carry permit, or else a transfer report and a 30-day waiting period, before you can take one home. Minnesota's suppressor law also refers to suppressors being lawfully possessed under federal law, which is part of why we offer registration. Every buyer signs a short disclosure at pickup. This information is general and isn't legal advice. If you have questions about your own situation, talk with a firearms attorney. Thanks for your patience as the rules settle.
Official Sources
Ready to Talk It Through?
Whether you are deciding on a suppressor, weighing an SBR, or just want to know which options fit your Minnesota setup, our team is happy to help. Call or text 507-218-0762, email info@blackdiamondarmory.com, or visit blackdiamondarmory.com to shop and get in touch.
Disclaimer: This post is general information, not legal advice. Federal and Minnesota laws and court rulings change, sometimes quickly. Before you buy, transport, or make any regulated item, check the current rules at atf.gov and revisor.mn.gov, and talk with a qualified attorney if you have questions about your specific situation.
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