NFA update

Ohio vs Nebraska After ATF's Oct. 9 Letter: Why Two Attorneys General Split

By Cole Harlan, EditorUpdated Nov 12, 2026How we verifyEditorial standards

Within four days of each other in late October 2026, Nebraska's Attorney General said Nebraskans can presumptively possess silencers and short-barreled firearms without registration, and Ohio's Attorney General told lawmakers that Ohioans still must register those items or risk prosecution. Same federal announcement. Opposite state readings. The difference is in the statute wording, not in a new court ruling.

Not legal advice. This page compares two public Attorney General statements and the state statutes they cite, as of November 5, 2026. An AG news release or web statement is not a court order and does not bind a county prosecutor or a judge. Federal ATF open-letter PDFs returned HTTP 403 from our fetch this batch; we cite them by title and date from prior verified copies and SAF-hosted mirrors, and mark live ATF fetches as Not yet verified where we couldn't re-open them. Talk to a licensed dealer or an attorney in your state before you buy, make, transport or modify anything.

At a glance

Federal backdrop: ATF's October 9, 2026 open letter says it will not enforce NFA prior-approval and registration for suppressors, SBRs, SBSs and AOWs nationwide, following Silencer Shop Foundation v. ATF. Machine guns and destructive devices are unchanged. State law is explicitly untouched.
Nebraska (Oct. 21): AG Mike Hilgers: Nebraskans can "presumptively possess silencers and short-barreled firearms without registration unless disqualified by some other provision of federal law."
Ohio (Oct. 23): AG Andy Wilson: under current Ohio law, owners "must register those items with the federal government or face the risk of criminal prosecution," and asked the legislature to clarify.
Why they diverge: Neb. Rev. Stat. 28-1203 excepts people "qualified under the provisions of federal law." ORC 2923.17(C)(5) excepts "Owners of dangerous ordnance registered in the national firearms registration and transfer record."

What ATF changed on October 9 (and what it didn't)

ATF announced that, applying the August 5, 2026 district-court ruling in Silencer Shop Foundation v. ATF as a matter of enforcement discretion, it would stop enforcing the NFA's making, transfer and registration requirements for suppressors, short-barreled rifles, short-barreled shotguns and "any other weapons." The later fact sheet ("NFA Guidance: Liberty and Justice for All," linked from ATF's Update to NFA Transfer Guidance page as of mid-October) restates that the injunction now "applies to everyone, not just those covered parties," and lists what did not change: prohibited persons, state law, machine guns and destructive devices, SOT, Form 4473/NICS, and Form 20 travel "for now."

Not yet verified this batch: a live HTTP 200 fetch of the ATF open letter PDF, FAQ PDF and fact sheet PDF from atf.gov (our curl returned 403). We rely on prior verified copies and a Second Amendment Foundation hosted FAQ PDF mirror saved in evidence. Do not treat this page as a substitute for reading the current ATF documents.

See our explainers: Silencer Shop Foundation v. ATF and SBR rules 2026 (Form 1, Form 20, 922(b)(4)).

Nebraska: "qualified under … federal law"

Neb. Rev. Stat. 28-1203(1) makes it a Class IV felony to "transport or possess any machine gun, short rifle, or short shotgun." Subsection (2) says the section does not prohibit acts by peace officers, the armed forces or the National Guard in their duties, "or persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun." Definitions for short rifle and short shotgun are in 28-1201 and track the federal barrel and overall-length lines. The statute does not name silencers.

On October 21, 2026, the Nebraska Attorney General's office posted "Recent Developments Affecting NFA Registration Requirements." After noting court decisions, ATF's non-enforcement announcement, and Nebraska's participation in related litigation, the office concluded:

"…based on that review, we believe that under both federal and Nebraska law, Nebraskans can presumptively possess silencers and short-barreled firearms without registration unless disqualified by some other provision of federal law (i.e., a felony conviction)."

That is the AG's reading of 28-1203's "qualified under … federal law" exception while ATF is not enforcing registration. It is not a reported court decision. The word "presumptively" is the office's. County attorneys and judges are not bound by the statement. Full state page: Nebraska suppressor laws 2026.

Ohio: "registered in the national firearms registration and transfer record"

Ohio treats suppressors and short-barreled guns as "dangerous ordnance." ORC 2923.17(A) bars knowingly acquiring, having, carrying or using dangerous ordnance. Division (C) lists exceptions. The key civilian exception is (C)(5):

"Owners of dangerous ordnance registered in the national firearms registration and transfer record pursuant to the act of October 22, 1968, 82 Stat. 1229, 26 U.S.C. 5841, and any amendments or additions thereto or reenactments thereof, and regulations issued thereunder."

A violation of (A) is a fifth-degree felony under 2923.17(D). The exception names the federal registry by statute citation, not a soft "in compliance with federal law" phrase.

On October 23, 2026, Attorney General Andy Wilson's office released "AG Wilson Urges Lawmakers to Clarify Firearm Laws." The release says Wilson wrote Senate President Rob McColley and House Speaker Matt Huffman after ATF's October 9 announcement, that "Ohio law currently prohibits the creation, possession or use of these items without ATF approval," and that confusion "may lead otherwise law-abiding firearm owners to unknowingly break Ohio law." The quoted letter language:

"Under current Ohio law, Ohioans wishing to own or use a short-barreled rifle, short-barreled shotgun or firearm suppressor must register those items with the federal government or face the risk of criminal prosecution. If that reflects the policy of this legislature, so be it. If, on the other hand, the legislature sees these registration requirements as archaic remnants of an overly restrictive past, it is time to eliminate them from Ohio law."

Wilson asked the legislature to clarify; he did not announce that Ohio would stop enforcing 2923.17. Full state page: Ohio suppressor laws 2026.

Side-by-side

	Nebraska	Ohio
AG statement	Oct. 21, 2026 — Hilgers office web post	Oct. 23, 2026 — Wilson news release + letter to legislative leaders
Bottom-line quote	Presumptive possession of silencers and short-barreled firearms "without registration" (unless otherwise federally disqualified)	Must "register those items with the federal government or face the risk of criminal prosecution"
Core statute	Neb. Rev. Stat. 28-1203	ORC 2923.17
Exception wording	"persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun"	"Owners of dangerous ordnance registered in the national firearms registration and transfer record" (26 U.S.C. 5841)
Suppressors in the ban?	Not listed in 28-1203	Treated as dangerous ordnance; (C)(5) is the civilian path
SBR / SBS	Class IV felony unless exception applies; AG reads exception as met without registration for now	Fifth-degree felony for dangerous-ordnance possession unless registered under (C)(5), per AG
What the AG asked for	Stated the office's legal conclusion	Asked the General Assembly to keep or repeal the registration tie
Court ruling?	No — AG statement only	No — AG statement only

What this is not

Not a federal circuit split. These are two state chief legal officers reading two different state codes against the same ATF enforcement policy.
Not permission to ignore Form 20 or Form 4473. Interstate transport of an SBR or SBS still needs Form 20 under 18 U.S.C. 922(a)(4) "for now," per ATF's fact sheet. Dealer sales still run Form 4473 and NICS. The separate GCA dealer-authorization string in 18 U.S.C. 922(b)(4) is on non-enforcement until ATF issues final rules for a non-NFA process — that is a federal dealer issue, not what these AGs decided. See Form 20 proposed rule status.
Not a prediction of charging decisions. We have no evidence of how county prosecutors in either state are charging (or declining to charge) post–Oct. 9 cases. Mark that as Not yet verified.

Form 20 / 922(b)(4) status rechecked Nov. 5, 2026

While gathering sources for this page we rechecked the Form 20 proposed rule on the Federal Register API. FR Doc. 2026-09161 (91 FR 25229, RIN 1140-AA89) remains a Proposed Rule. Comments closed August 6, 2026. A RIN search returned only that proposed document — no final rule as of November 5, 2026. So the advance Form 20 approval requirement for interstate SBR/SBS travel still applies until a final rule takes effect. Separately, we found no published proposed or final rule dedicated to filling the 922(b)(4) dealer-sale gap as of that same check.

Gaps and caveats

ATF.gov PDF fetch walls: open letter, FAQ and fact sheet returned 403 to our automated fetch this batch. Content cited from prior evidence and SAF FAQ PDF mirror; re-verify on atf.gov before relying on a specific sentence.
Ohio SB 214 (checked November 12, 2026): On November 10, 2026, Ohio's General Assembly passed SB 214, which removes suppressors and sawed-off firearms from dangerous ordnance (status; votes). As of November 12, 2026, it awaits the governor and is not law yet.
No Nebraska court confirmation: Hilgers's "presumptively" language has not been tested in a reported Nebraska decision we have reviewed.
Local enforcement: charging practice in either state after Oct. 9 is Not yet verified.
SilencerCo / OCL manufacturer pages: skipped this batch per fetch-wall guidance; nothing invented from them.

Frequently asked questions

Did Ohio and Nebraska Attorneys General disagree after ATF's Oct. 9 letter?

Yes, in public statements days apart. Nebraska AG Hilgers (Oct. 21, 2026) said Nebraskans can presumptively possess silencers and short-barreled firearms without registration. Ohio AG Wilson (Oct. 23, 2026) said Ohioans must still register those items under current Ohio law or risk prosecution, and asked the legislature to clarify. Neither statement is a court ruling.

Why did Ohio and Nebraska reach opposite conclusions?

Different statute wording. Nebraska's Neb. Rev. Stat. 28-1203 excepts people "qualified under the provisions of federal law." Ohio's ORC 2923.17(C)(5) excepts owners of dangerous ordnance "registered in the national firearms registration and transfer record." One keys off federal qualification; the other names the NFA registry.

Is Form 20 still required after the Ohio and Nebraska AG statements?

Yes for interstate SBR/SBS travel. Those AG statements address state possession law. ATF still says Form 20 approval is required under 18 U.S.C. 922(a)(4) "for now," and the May 2026 Form 20 proposed rule (FR Doc. 2026-09161) had no final rule as of our November 5, 2026 Federal Register check.

Can I skip NFA registration in Ohio because ATF isn't enforcing it?

Ohio's Attorney General says no under current Ohio law: ORC 2923.17(C)(5) ties the dangerous-ordnance exception to federal registry listing. That is his office's position, not a court holding. The legislature passed SB 214 on November 10, 2026 to remove that tie, but as of November 12 it awaits the governor and is not law. Confirm with an Ohio attorney.

Sources

Supplementary sources

News reports, advocacy groups, dealer practice and unofficial copies. They add context or report statements; the primary sources above control.