Alaska's NFA Felony Trap Survives Federal Win; Lawmakers Must Act
Alaska Attorney General Cori Mills wants the legislature to rewrite a state statute that now conflicts with federal NFA policy. The ATF stopped requiring National Firearms Act registration for suppressors, short-barreled rifles, and other covered items after a federal injunction. Alaska was one of the states that challenged the registration rules in the Jensen and Silencer Shop litigation. Its own law still prohibits possession of certain weapons. The only shield is an affirmative defense for owners who comply with federal registration. With that federal requirement suspended for many items, the shield has little to stand on. Mills says the fix belongs in Juneau, and she wants the next session to take it up.
Key Details
The facts that matter are straightforward:
- The federal change: The ATF will no longer require registration under the NFA for suppressors, short-barreled firearms, and "any other weapons" covered by the injunction.
- Voluntary registration continues: The ATF will keep processing voluntary registration applications because some states, Alaska among them, tie state law to federal registration.
- State restrictions remain: ATF guidance expressly leaves state restrictions in place. The Department of Law says voluntary registration does not resolve how Alaska's prohibition should operate under the new federal framework.
- The penalty: Making, possessing, transporting, selling, or transferring an NFA item not registered under federal law is a class C felony in Alaska. The maximum is five years in prison and a potential $50,000 fine.
- The enforcement posture: The Department of Law says it will evaluate potential cases under the affected provision, weighing the court decision, federal guidance, and constitutional questions.
- The legislative window: The 2027 session opens January 19, 2027.
Mills called the court win a victory for the Second Amendment. She also said the ruling and ATF guidance leave many Alaskans unsure whether they can legally own these firearms under current law. She offered the Department of Law's help to lawmakers drafting a fix. Her office's proposed simplest solution is to remove state-level restrictions on suppressors, short-barreled rifles, shotguns, and AOWs.
Background
The National Firearms Act of 1934 put suppressors, short-barreled rifles and shotguns, and AOWs under federal registration and a tax stamp. For decades, the $200 transfer tax functioned as the basis for the federal regime. Congress zeroed out that tax for these items through the One Big Beautiful Bill Act, effective January 1, 2026. Gun rights groups, including the Silencer Shop Foundation and the plaintiff in Jensen, then argued that registration with no tax attached exceeded Congress's taxing power and violated the Second Amendment. A federal court enjoined enforcement of the registration requirement for the covered plaintiffs and their members, and the ATF and DOJ announced they would not enforce those provisions against people the injunction does not cover.
The problem is state law. Many states wrote their own NFA statutes years ago, often keyed to federal registration. California goes further and bans some or all NFA items outright. Alaska took the middle path: a prohibition with an exception for people who register federally. That exception worked when federal registration was mandatory. Now the federal requirement is suspended for many items, and the state exception points at a requirement that no longer applies to most buyers.
Why It Matters for Gun Owners
Alaska residents face the most direct risk. Anyone who buys or possesses a suppressor or short-barreled rifle under the new federal posture could argue federal law permits it. The state statute may still say otherwise. The gap is a felony gap, not a paperwork gap.
FFLs carry the sharpest exposure. A dealer who transfers an NFA item in Alaska without a federal registration on file could face the same class C charge as a private buyer. Most dealers will not gamble on a prosecutor's reading of an affirmative defense. Expect shops to pause transfers, limit inventory, or require buyers to file voluntary registration until the state clarifies its position.
Gun owners in other states should watch this closely. Any state that ties its NFA rules to federal registration faces the same question. Check your state's statute today, not after a federal court reshapes the rule again. If your state keys its law to federal registration, read the exact wording before you buy, transfer, or travel with an NFA item.
DownRange Analysis
The Bruen framework asks whether a modern regulation fits within the historical tradition of firearm regulation. Registration of arms with no tax purpose has a weak historical pedigree, and the court's injunction reflects that weakness. The Alaska problem is different. A state prohibition that depends on a federal registration requirement that no longer applies is a legislative drafting failure. Courts may not need to decide the Second Amendment question for Alaska's statute to fail in practice.
Market effects will show up first at the counter. Dealers who hold off on transfers will sit on inventory while buyers wait. Prices on suppressors and short-barreled rifles in Alaska may reflect that uncertainty. Mail-order and out-of-state sales face their own friction under state law.
What should a gun owner do right now? Do not transfer or take possession of an NFA item in Alaska on the strength of a federal injunction alone. Get a written opinion from a local attorney who handles firearms law. Write to your legislators before the January 19, 2027 session, and name the statute. Support a clean repeal of the state restriction, not a patch that adds new paperwork.
