Acting Alaska Attorney General Cori Mills is urging the next Legislature to resolve statutory inconsistencies regarding suppressors, short-barreled rifles, and short-barreled shotguns following a federal court ruling. The October 15, 2026, announcement from Juneau comes as state law and federal regulatory enforcement collide over ownership rules for these specific items.
The legal friction stems from a federal challenge brought against the Bureau of Alcohol, Tobacco, Firearms and Explosives. In Silencer Shop Foundation v. Bureau of Alcohol, Tobacco, Firearms and Explosives, a federal court ruled that certain federal registration mandates for those firearms and accessories were unconstitutional and could not be enforced against the plaintiffs, which included the State of Alaska. While the decision handed a victory to Second Amendment advocates, it left state authorities grappling with uncertainty.
“The Second Amendment, and the right to bear arms, must be protected,” said Acting Alaska Attorney General Cori Mills. “The court made the right decision, and we appreciate the court recognizing federal overreach into our Second Amendment rights. While a win for the Second Amendment, the court case and the ATF’s guidance adds a level of confusion for many Alaskans who want access to these firearms but don’t see the legal way forward in ownership under existing law. The proper place for this to be resolved is in the State Legislature and I’m asking the next legislature to look at this issue, and the Department of Law stands ready to assist. In the meantime, our department is asking law enforcement to work closely with state prosecutors before filing any charges as the state of the law is in flux.”
National Framework Shifts and State Statutes
The roots of the dispute trace back to the National Firearms Act (NFA) enacted in 1934, which established federal requirements for items like short-barreled shotguns (SBSs), short-barreled rifles (SBRs), and suppressors. Congress later eliminated the $200 making and transfer taxes through the One Big Beautiful Bill Act, which took effect on January 1, 2026, while keeping the underlying registration mandates intact.
In response, Alaska joined 14 other states, six businesses and associations, a non-profit, and one individual gun owner to sue the federal government, arguing that Congress no longer had the authority to enforce the regulatory requirements when it eliminated the tax. On August 5, a United States District Court agreed with the plaintiffs. Although the Department of Justice chose not to appeal, the ruling technically applied only to the named parties. However, the ATF subsequently announced nationwide nonenforcement of the affected approval and registration rules.
This nationwide shift created an immediate conflict with Alaska state law. Existing Alaska statutes prohibit the possession of certain weapons but provide an affirmative defense for individuals who comply with federal registration requirements. Although the ATF clarified that it would continue accepting voluntary registrations specifically to accommodate states with laws tied to federal rules, the Department of Law argues that voluntary compliance fails to fix the broader statutory mismatch.
Prosecutorial Guidance and Legislative Review
Until state lawmakers step in to rewrite the affected statutes, the Alaska Department of Law has instructed local law enforcement agencies to consult directly with state prosecutors before filing any charges under the relevant weapons provisions. Officials emphasize that while the federal government has dropped mandatory enforcement, licensed firearms dealers in Alaska must still conduct required background checks and maintain transaction records.
The Department of Law maintains that legislative clarification is essential to provide clear guidance for Alaskans, police officers, and prosecutors alike. State prosecutors will carefully evaluate any prospective cases under the challenged statute by weighing the federal court decision, the ATF guidance, and overarching constitutional principles.
Anyone seeking further information regarding court filings can consult public dockets through Docket Search or PACER, as well as state-level documents available via the Alaska Court System Trial Courts and the Appellate Case Search portal. Formal records requests can also be submitted under the Alaska Public Records Act by contacting [email protected].
