Stocking and coauthors say the policy is discretion, not settled law
Eric StockingBradley attorney; coauthor with Kruse, Burch and Porter
The lawyers warn that enforcement could resume and that ATF's guidance does not bind future administrations, courts or state authorities. They acknowledge lower administrative burdens while describing continued legal risk.
“The industry as a whole and individuals should treat this new policy as a discretionary posture, not settled law.”
Analysis
Where this statement fits
Was ATF right to stop enforcing registration requirements for silencers and short-barreled guns?
ATF announced on October 9, 2026 that it would stop enforcing specified National Firearms Act registration and approval requirements for silencers, short-barreled rifles, short-barreled shotguns and certain other weapons. The agency says the change avoids unequal treatment under a court injunction covering particular plaintiffs and their members or customers. The NRA and Second Amendment Foundation welcome it. Everytown for Gun Safety condemns the decision as a threat to community safety. The question is whether ATF was justified in extending non-enforcement nationwide, beyond the people covered by the court order.
Source and context
Analysis
About this source
Eric Stocking, Mason Kruse, William C. Burch and James W. Porter III distinguish enforcement discretion from settled law and continuing obligations.
Archived copy (opens in a new tab)Before the quotation
The coauthored article analyzes what changed and what remains legally operative.
After the quotation
The passage does not call for restoring registration or claim the policy repealed the statute.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The authors dispute treating the policy as a permanent change in law without expressing a clearer endorsement or condemnation of the federal decision.
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The Dispute Index. "Stocking and coauthors say the policy is discretion, not settled law". First published: 2026-10-27. Last updated: 2026-10-27. https://disputeindex.com/events/6948-the-lawyers-warn-that-enforcement-could-resume-and