Freedom Forge Armory LLC
&
Ordnance Development Division

ATTENTION CUSTOMERS

10/20/26: Updated Procedures for Suppressors and Certain NFA Firearms

On October 9, 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued formal guidance regarding the transfer, manufacture, possession, and registration of certain firearms regulated under the National Firearms Act.

Under the current ATF Directors guidance, BATFE has announced that it will no longer enforce the traditional NFA application, prior-approval, registration, and tax-stamp requirements for suppressors, short-barreled rifles, short-barreled shotguns, and firearms classified as “Any Other Weapons” for which Congress reduced the making and transfer tax to $0.

These items have not become completely unregulated firearms. They remain firearms under federal law, and all applicable requirements of the Gun Control Act continue to apply.

Suppressors and Any Other Weapons

BATFE's October 9 guidance permits qualifying suppressors and Any Other Weapons to be transferred through the ordinary federal firearms transfer process rather than the traditional NFA approval process.

Freedom Forge Armory may process qualifying transfers under this revised procedure on a case-by-case basis. Any such transfer remains subject to applicable ATF Form 4473 requirements, Virginia State Police background-check procedures, identification requirements, acquisition-and-disposition recordkeeping, Virginia law, and Freedom Forge Armory's own compliance review.

Eligibility for transfer under BATFE's revised procedure does not obligate Freedom Forge Armory to complete a transfer using that process. Depending on the firearm, the circumstances of the transaction, available regulatory guidance, or other compliance considerations, Freedom Forge Armory may require use of the traditional NFA registration process or may decline the transfer entirely.

Short-Barreled Rifles and Short-Barreled Shotguns

The situation involving short-barreled rifles and short-barreled shotguns is more complicated in Virginia.

Virginia maintains its own statutes regulating possession of firearms meeting the Commonwealth's definitions of a “sawed-off rifle” or “sawed-off shotgun.” Virginia law specifically permits possession when the firearm is possessed in compliance with federal law.

BATFE's October guidance is based in significant part on federal enforcement discretion and expressly states that BATFE cannot determine whether possession of an unregistered firearm under the new federal policy will satisfy state laws that independently require compliance with federal law or federal registration.

BATFE also reminds FFLs that federal law prohibits the transfer of a firearm when the transfer would violate applicable state or local law.

Because Virginia's statutes have not yet been amended or authoritatively interpreted to address this new federal policy, Freedom Forge Armory will not presently transfer an unregistered short-barreled rifle or short-barreled shotgun solely on a Form 4473.

Freedom Forge Armory will not presently accept from any customer any unregistered short-barreled rifle or short-barreled shotgun.

Until sufficient Virginia-specific legal or regulatory guidance is available, Freedom Forge Armory will continue to require an approved federal registration for SBR and SBS transfers to private individuals in Virginia. BATFE continues to accept voluntary NFA registrations under the new guidance.

This policy is not a statement that a Form 4473-only SBR or SBS transfer is necessarily unlawful in Virginia. It reflects the unresolved interaction between the Commonwealth's existing statutes and the new federal non-enforcement policy. Other FFLs may reach different conclusions regarding their own legal exposure and business practices.

Freedom Forge Armory will not use our customers, our federal firearms license, or our personal freedom as a test case to determine how Virginia courts or prosecutors will ultimately interpret that conflict.

Machine Guns and Destructive Devices

The October 9 guidance does not remove machine guns or destructive devices from the traditional NFA process.

Transfers of machine guns and destructive devices will continue to be processed under all applicable NFA requirements, including registration, prior approval, and the applicable federal transfer tax.

Freedom Forge Armory's Federal Firearms License and Special Occupational Tax status remain subject to all applicable federal requirements.

A Word About Online Information

There is currently a tremendous amount of incomplete and inaccurate information circulating online concerning these changes.

The new BATFE guidance is significant, but it did not repeal every federal or state law governing these firearms, and federal policy does not override independent Virginia statutes.

Our transfer procedures will be based on published BATFE guidance, applicable federal and Virginia law, and authoritative legal or regulatory guidance, not social-media posts, videos, headlines, or another dealer's interpretation.

Freedom Forge Armory reserves the right to determine, on a transaction-by-transaction basis, which transfer procedure we are willing to use and whether a transfer will be accepted or completed.

As additional guidance becomes available, we will continue to review our procedures and make appropriate changes.

We appreciate everyone's patience while the firearms industry, regulators, attorneys, and dealers work through one of the most significant changes to federal NFA administration in decades.

8/13/26: Virginia AWB, Statewide Injunctions, and Supreme Court Cases

A statewide preliminary injunction currently prevents enforcement of the challenged provisions of Virginia’s assault-firearm and magazine restrictions. 

On July 28, 2026, the parties agreed to stay the pending Virginia litigation until the Supreme Court of the United States issues its decisions in two consolidated cases addressing whether the Second and Fourteenth Amendments protect the possession of AR-15-platform and similar semiautomatic rifles. As a result, the statewide preliminary injunction is expected to remain in effect while those cases are pending.

After the Supreme Court issues its decisions, the parties will report to the Virginia court regarding the effect of those rulings on the Commonwealth’s laws and the pending litigation.

The stay does not repeal the underlying Virginia statutes, constitute a final judgment that they are unconstitutional, or prevent additional court action after the Supreme Court rules. However, while the statewide injunction remains in effect, the challenged assault-firearm and magazine provisions are not enforceable. 

The injunction and litigation stay do not suspend Virginia’s separate Firearm Industry Accountability Act. Freedom Forge Armory LLC will therefore continue to review otherwise lawful transfers individually and in accordance with applicable federal requirements, Virginia law as presently enforceable, established company procedures, and the circumstances of each transaction.

Incoming firearms must receive approval from Freedom Forge Armory before shipment. Receipt of a firearm does not guarantee completion of the transfer, and Freedom Forge Armory reserves the right to pause or decline any transaction that presents an unresolved legal, regulatory, or compliance concern.