For most of the NFA’s history, the federal rules were the high bar and state law mostly followed along. That has flipped. Since October 2026, your state decides most of what you can own and how.
Suppressor ban states
Civilian suppressor ownership is banned in California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, Rhode Island and Washington, D.C. Nothing ATF did in 2026 changes that.
Registration-tied states
Many state laws allow NFA items only if they are registered or possessed in line with federal law. Those laws were written when federal compliance meant a Form 4. ATF has said it cannot tell anyone whether an unregistered item counts under state law. Dealers have reported these states as still requiring a Form 4 under state law as of October 2026: Alaska, Colorado, Connecticut, Georgia, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Washington and Wisconsin. Some are already working to update their laws.
Free states
In states with no NFA rules of their own, a suppressor, SBR, SBS or AOW now sells much like any other gun: Form 4473, NICS check, done.
SBRs and SBSs
Short-barreled guns have their own state rules, separate from suppressors. Look them up on their own before you buy or build.
Traveling
Federal safe passage protects gun owners moving through restrictive states, but ATF has warned it is unclear whether state courts will apply it to unregistered NFA items. Plan routes that avoid states where your item is banned.
State laws are changing quickly after the federal shift. Confirm current law with your dealer, your state attorney general’s office or a firearms attorney.