A suppressor bought in Wisconsin today without federal registration may still be a felony under state law. This detail is getting lost in the news about the ATF. Federal enforcement has changed this fall, but Wisconsin’s statutes have not.
Does a gun trust still matter for most Wisconsin owners of suppressors and short-barreled firearms? Yes.
What ATF Changed on October 9, 2026
ATF has published an open letter to firearm licensees and the general public, announcing that they will no longer be enforcing the National Firearms Act’s approval and registration requirements for four categories of firearms:
- Suppressors (silencers)
- Short-barreled rifles
- Short-barreled shotguns
- “Any other weapons” – a catch-all category for certain concealable firearms that do not fit into any other category.
First, Congress eliminated the federal tax on making and transferring these items starting January 1, 2026, through the One Big Beautiful Bill Act. Then, on August 5, 2026 a federal judge in Texas ruled in Silencer Shop Foundation v ATF that without a tax the registration rules could no longer be based on Congress’ taxing power. The court’s order only covered the plaintiffs and their customers, but ATF decided to stop enforcing it against everyone.
What Did Not Change
Plenty. The National Firearms Act (NFA) is still in effect, and the ATF’s published guidance and frequently asked questions (FAQs) are clear about the limits.
- Machine guns and other destructive devices are still fully regulated, including taxes.
- Short-barreled rifles and shotguns still require an approved Form 20 before being transported across state lines, whether or not they are registered.
- The ATF still accepts voluntary registrations.
- If the ruling is reversed, Congress passes a new tax on firearms, or the Justice Department changes its position, enforcement could resume.
That last point carries real weight. The ATF says that unregistered items will not be automatically grandfathered in. Once an item is removed from the registry, it usually can’t be added back in unless the attorney general declares an amnesty.
Wisconsin Law Still Ties Legality to Federal Registration
Under Wis. Stat. § 941.298, selling, delivering, or possessing a firearm silencer is a Class H felony. One exception covers a person who has complied with the NFA’s licensing and registration requirements. An unregistered suppressor clearly doesn’t fit.
Short-barreled rifles and shotguns fall under Wis. Stat. § 941.28. This statute also exempts registered owners, but it adds broader language for firearms that may be lawfully possessed under federal law. Does an unregistered SBR qualify? No Wisconsin court has said.
ATF won’t say either. Its FAQ states that the agency can’t weigh in on whether an unregistered item held under its enforcement discretion is lawfully held for state law purposes. Gun rights groups have asked Wisconsin officials to update these statutes, but no changes have been enacted.
Why a Gun Trust Still Earns Its Place
If you register, the next question is who’s name goes on the paperwork. Individual registration ties legal possession to you alone. Your spouse can’t keep your suppressor while you’re travelling. Your adult son can’t go hunting without you taking it.
A well-drafted gun trust can help solve this problem:
- Co-trustees are legally allowed to possess and use the items registered to the trust.
- If you become incapacitated, a successor trustee can take over and hold the firearms without the need for a new federal transfer.
- At your death, the items will pass according to the terms of the trust, rather than going through probate.
- The trust can include written instructions for the trustee, even if they don’t know about firearms laws. For example, they can confirm that a beneficiary is not legally prohibited from owning guns before any changes are made.
None of this went away on October 9. In fact, uncertainty makes clear paperwork more valuable.
Think Twice Before Unregistering
Some owners are asking the ATF to remove items from the registry. This is difficult to reverse. Before doing so, or buying a suppressor without a background check, consider who will own and inherit the item, and how Wisconsin law treats them.
Existing trusts deserve a second look too. Many were drafted years ago and may not reflect your current co-trustees or the 2026 changes.
Protect Your Firearms and the People Who Will Inherit Them
Federal policy on NFA items has shifted twice in a single year, and Wisconsin law has not kept up. A gun trust provides a stable structure, while the rules are settled. Contact Collins Law Firm to set up a gun trust or review one you already have and make sure it fits with the rest of your estate plan.