Maryland State Police Clarifies Firearm Rules After ATF Guidance Update

Maryland State Police says federal changes to National Firearms Act guidance do not override state requirements for short-barreled rifles and shotguns.

The Maryland State Police is reminding residents and firearms dealers that Maryland’s existing firearm laws remain in effect following updated federal guidance on the National Firearms Act (NFA).

In an advisory dated October 15, 2026, the Maryland Department of State Police Licensing Division addressed an October 9 open letter issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The federal guidance concerns the making and transfer of firearms regulated under the NFA, but Maryland officials emphasized that it does not change the state’s legal requirements.

The clarification is especially relevant to people seeking to make, purchase or transfer short-barreled rifles and short-barreled shotguns in Maryland.

What Maryland Officials Are Saying

According to the advisory, the ATF’s updated guidance and a related federal injunction do not affect state or local laws governing NFA firearms.

Maryland officials pointed to Maryland Public Safety § 5-203, which states that 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.

The statute also places the burden on a defendant to prove lawful federal registration in a prosecution involving the provision.

As a result, Maryland residents cannot assume that changes to federal guidance automatically remove the state's requirements. Anyone seeking to make, acquire or transfer one of these firearms must continue to comply with applicable federal and state laws.

What It Really Means

For everyday Maryland residents, the key takeaway is straightforward: a change in federal guidance does not automatically give someone permission to bypass Maryland’s firearm laws.

Here is how the advisory breaks down in practical terms.

1. Federal guidance and Maryland law are separate issues.

The ATF administers federal firearms regulations, while Maryland has its own laws governing certain firearms. Even if federal enforcement policies or legal proceedings change, Maryland’s requirements may still apply.

2. Short-barreled rifles and shotguns remain subject to registration requirements.

Maryland law specifically addresses these firearms. Under the statute cited by state police, a person may not possess one unless it has been registered with the federal government in accordance with federal law.

3. Federal paperwork must be approved before the remaining steps are completed.

The advisory says the appropriate federal National Firearms Act application must be submitted to and approved by the ATF before the applicable federal Form 4473 and Maryland 77R processes are completed.

In other words, applicants should not treat the updated guidance as permission to skip the federal approval process or the required Maryland procedures.

4. The advisory does not announce a new law.

Instead, Maryland State Police is clarifying that existing state requirements remain in place despite the federal update. The notice is intended to prevent residents and regulated firearms dealers from misunderstanding the effect of the ATF’s letter.

Which Forms Are Involved?

The advisory identifies three forms or processes relevant to the process of making or transferring a covered firearm.

• ATF Form 1: Generally used to apply to make and register a firearm regulated under the NFA.

• ATF Form 4: Generally used to apply for the transfer and registration of an NFA firearm.

• Federal Form 4473 and Maryland 77R: Additional federal and state paperwork processes that, according to the Maryland advisory, must be completed at the applicable stage after the required ATF application has been approved.

The appropriate application depends on the transaction. The advisory does not suggest that every applicant must submit both Form 1 and Form 4; rather, it identifies the applicable form based on whether the person is making or acquiring a firearm.

What Residents and Firearms Dealers Should Do Next

Maryland State Police advises anyone planning to make, acquire or transfer a short-barreled rifle or short-barreled shotgun to continue following all applicable federal and state requirements.

Residents with questions can contact the Maryland State Police Licensing Division at msp.firearmsregistration@maryland.gov.

Regulated firearms dealers may also contact the division through the LiveHelp feature in the Maryland State Police Licensing Portal.

The central message is that the ATF’s October 9 guidance does not replace Maryland’s existing requirements. Anyone navigating an NFA firearm transaction in Maryland should confirm the rules that apply to their specific situation before proceeding.

Source: Maryland Department of State Police, Licensing Division, Advisory LD-FRU–26-001, October 15, 2026.