Maryland Responds to ATF's NFA Changes: What Gun Owners Need to Know
The federal government has changed its approach to certain NFA firearms, but Maryland isn't necessarily following suit. Here's what the latest guidance means for gun owners in our state.
It's been an interesting couple of weeks for Second Amendment supporters, particularly those who have been following the changes surrounding the National Firearms Act (NFA). On October 9, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued new guidance announcing that it would no longer enforce certain federal registration and approval requirements for suppressors, short-barreled rifles, short-barreled shotguns, and other qualifying firearms.
For gun owners who have spent years dealing with NFA paperwork, tax stamps, and approval processes, this was welcome news. But as we've discussed before, federal changes don't necessarily mean Maryland will follow the same path.
And now, Maryland State Police has weighed in.
On October 15, 2026, the Maryland State Police Licensing Division issued Advisory LD-FRU-26-001, clarifying how the ATF's recent announcement affects firearms regulated under Maryland law. The short version? If you're dealing with a short-barreled rifle or short-barreled shotgun in Maryland, don't throw away your paperwork just yet.
First, What Changed at the Federal Level?
To understand Maryland's response, it's worth revisiting what happened federally.
Earlier this year, changes to federal law eliminated the $200 making and transfer tax on certain NFA items, including suppressors, short-barreled rifles (SBRs), and short-barreled shotguns (SBSs). That development was followed by a federal court ruling questioning whether the government could continue enforcing certain NFA registration requirements when those items were no longer subject to a federal making or transfer tax.
On October 9, ATF announced that it would stop enforcing those federal approval and registration requirements for the affected items. Although the court's injunction itself applies to specified parties, the Department of Justice elected to extend its nonenforcement policy more broadly.
That means ATF is no longer requiring the traditional Form 1 or Form 4 approval process under the NFA for those qualifying items as a matter of federal enforcement policy.
However, the firearms remain subject to applicable provisions of the Gun Control Act, including dealer background checks and transfer requirements. The ATF also made something else clear: state and local firearms laws still apply. And that's where Maryland enters the picture.
Maryland State Police Issues Its Response
On October 15, Maryland State Police released an advisory specifically addressing the impact of ATF's new guidance on short-barreled rifles and short-barreled shotguns.
Under Maryland Public Safety § 5-203, a person generally cannot possess an SBR or SBS unless it has been registered with the federal government in accordance with federal law. Maryland's statute also places the burden of proving lawful registration on the defendant in a prosecution.
According to MSP, that requirement hasn't disappeared simply because ATF has changed its federal enforcement policy. The advisory instructs anyone seeking to make, acquire, or transfer an SBR or SBS in Maryland to continue obtaining the appropriate federal Form 1 or Form 4 approval before completing the applicable Form 4473 and Maryland 77R processes.
In other words, Maryland is maintaining its existing requirements for these firearms, regardless of the federal government's decision not to enforce certain NFA provisions.
It's important to understand that this advisory is not a newly passed law. Maryland State Police is explaining how it interprets and intends to apply an existing state statute in light of the federal changes.
What About Suppressors?
This is where things get particularly interesting. While ATF's October 9 guidance covers suppressors, short-barreled rifles, short-barreled shotguns, and certain other NFA items, Maryland's October 15 advisory specifically addresses SBRs and SBSs.
It does not expressly impose the same Form 1 or Form 4 approval requirement on suppressors. That's an important distinction, particularly for Maryland residents who have been following the recent developments involving suppressor purchases and transfers. The Maryland statute cited in the advisory, Public Safety § 5-203, deals with short-barreled rifles and short-barreled shotguns. It does not establish an identical federal registration requirement for suppressors.
That doesn't mean suppressors are exempt from every applicable firearm law. Dealers and purchasers still have to comply with relevant federal and state requirements, including applicable background checks and transfer procedures. But it does mean we shouldn't automatically assume that Maryland's latest advisory reverses the federal changes affecting suppressors.
For now, the advisory's express instructions concern SBRs and SBSs, and we'll continue watching for additional clarification regarding suppressors.
Why This Matters for Maryland Gun Owners
One of the biggest challenges with firearms legislation is that federal and state requirements don't always line up. Something can change at the federal level without automatically changing what you're permitted to do in Maryland.
That's exactly what we're seeing here. The ATF has announced a significant change in its federal enforcement policy, but Maryland has made it clear that its existing registration requirements for SBRs and SBSs remain in place.
There's another important consideration, too. The ATF's current approach is an enforcement policy, not a complete repeal of the underlying NFA statutes. That means future court decisions, federal policy changes, or legislation could affect how these requirements are enforced.
ATF has also cautioned that people who acquire unregistered NFA items under the current policy shouldn't assume those items will automatically be grandfathered if the legal situation changes. For Maryland gun owners, that makes staying informed especially important.
Where Do We Go From Here?
At The Machine Gun Nest, we're encouraged to see progress on longstanding federal firearms restrictions. For years, law-abiding gun owners have navigated complicated paperwork and approval processes to acquire items that many believe should never have been subject to those restrictions in the first place.
But we also know that living in Maryland means paying close attention to what happens in Annapolis, not just Washington. The latest MSP advisory is a reminder that federal progress doesn't automatically eliminate state-level restrictions. Whether Maryland lawmakers choose to revisit existing requirements, impose new restrictions, or leave things as they are will continue to matter.
We'll keep following these developments and sharing updates as additional guidance becomes available. In the meantime, if you're considering purchasing a suppressor or have questions about an SBR or SBS, talk with a knowledgeable dealer about the current requirements before beginning the process.
The laws are changing, and we're committed to helping Maryland gun owners understand what those changes actually mean.
This article is provided for general informational purposes and does not constitute legal advice. Firearms laws and enforcement policies can change. Always verify current requirements before making, acquiring, possessing, or transferring a regulated firearm.
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Sources:
- Maryland State Police Licensing Division, Advisory LD-FRU-26-001, October 15, 2026
- Maryland Public Safety § 5-203
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