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MSP Advisory LD-FRU-26-001
Maryland State Police responds to the ATF open letter — and the answer matters for every Maryland gun owner.
Maryland residents: the ATF's October 9 non-enforcement policy does not apply to short-barreled rifles or short-barreled shotguns in Maryland. State law still requires federal NFA approval before any transfer. Read the full breakdown below.
Section 01
The Advisory
Six days after the ATF issued its open letter announcing a non-enforcement policy on NFA making and transfer requirements, the Maryland State Police Licensing Division issued Advisory LD-FRU-26-001 — a direct, unambiguous response to the question every Maryland gun owner was asking: does the ATF policy change anything for me?
The short answer from MSP: No.
The advisory cites the ATF open letter itself, which explicitly states that the federal injunction and ATF enforcement policy do not affect state or local laws governing NFA firearms. MSP is simply making sure Maryland dealers and residents understand that the state's own statutes remain fully in force — independent of whatever the federal government chooses to enforce or not enforce.
“The ATF's open letter does not change Maryland's requirements for NFA firearms. As stated in the open letter, the federal injunction and ATF enforcement policy do not affect state or local laws governing NFA firearms.”
— MSP Advisory LD-FRU-26-001, October 15, 2026
Section 02
What Changed in Maryland
Nothing.
The ATF's October 9 non-enforcement policy has zero effect on Maryland state law. Every requirement that existed on October 8 still exists on October 19.
The ATF's policy is a federal enforcement decision — it tells federal agents what they will and will not prosecute under federal law. It does not repeal, suspend, or supersede any state statute. Maryland Public Safety § 5-203 is a state law. The ATF has no authority over it.
Section 03
What Did Not Change
Short-Barreled Rifles (SBR) — Full NFA Process Required
Maryland Public Safety § 5-203 prohibits possession of an SBR unless it has been registered with the federal government in accordance with federal law. ATF Form 1 (make) or Form 4 (transfer) must be submitted to and approved by ATF before you complete the Form 4473 and Maryland 77R. No exceptions.
Short-Barreled Shotguns (SBS) — Full NFA Process Required
Same statute, same requirement. An SBS in Maryland requires federal NFA approval before transfer. The ATF non-enforcement policy does not change this.
Burden of Proof Is on the Possessor
Under § 5-203, in any prosecution, the defendant bears the burden of proving lawful registration. If you are stopped or charged, you must be able to prove your NFA item was properly registered. "The ATF said it was okay" is not a defense under Maryland law.
The Form 4473 and Maryland 77R Still Apply
Even if federal NFA enforcement were completely suspended, the standard background check process — ATF Form 4473 and Maryland State Police Form 77R — still applies to every regulated firearm transfer in Maryland.
Suppressors — Covered by ATF Policy, NOT Maryland § 5-203
Suppressors are not short-barreled rifles or shotguns. Maryland § 5-203 does not apply to suppressors. The ATF non-enforcement policy does cover suppressors at the federal level. However, always confirm current state and local law before any transfer — this is a rapidly evolving area.
Statute Reference
Maryland Public Safety § 5-203
“A person may not possess a short-barreled rifle or short-barreled shotgun unless it has been registered with the federal government in accordance with federal law.”
In a prosecution, the defendant bears the burden of proving lawful registration.
Section 04
Bottom Line for Maryland Residents
Federal: Not Enforced
Suppressor (federal ATF policy)
Maryland § 5-203 does not apply. Confirm state law before transfer.
Maryland: Full Process Required
Short-Barreled Rifle (SBR)
Form 1 or Form 4 must be ATF-approved before Form 4473 + 77R.
Maryland: Full Process Required
Short-Barreled Shotgun (SBS)
Same as SBR. § 5-203 applies. No shortcuts.
Federal: Still Fully Regulated
Machine Gun / Destructive Device
ATF non-enforcement does not cover these. All NFA rules apply.
Official MSP Contact
For questions about Maryland NFA requirements, contact the MSP Licensing Division directly:
Section 05
Down Range Opinion
Down Range, LLC
Instructor Commentary
The ATF's October 9 open letter created a lot of excitement — and a lot of confusion. We put out a Hot Update on it immediately, and the question we have been getting ever since is: does this mean I can get an SBR without the wait?
In Maryland, the answer is no — and MSP made that crystal clear six days later with Advisory LD-FRU-26-001. This is exactly the kind of rapid, authoritative guidance we want to see from the Licensing Division, and we appreciate them issuing it quickly.
Here is the practical takeaway: federal non-enforcement does not equal state legality. Maryland has its own NFA statute, and that statute requires federal registration as a condition of lawful possession. The ATF choosing not to enforce federal law does not satisfy the Maryland registration requirement — those are two separate legal obligations.
If you are in another state, your mileage will vary. Some states have no parallel NFA statutes and may genuinely be affected by the ATF policy. Maryland is not one of them — at least not for SBRs and SBSs.
As always, the NFA landscape is moving fast. We will keep you updated as things develop. If you have questions about a specific transfer or item, reach out — that is what we are here for.
“Know your state law. Federal policy changes are not a green light until your state says so — and Maryland has not said so.”