Gun Laws That May Be Changing: 5 Developments Gun Owners Should Watch Right Now
Oct 1st 2026
Federal gun policy is shifting quickly, and much of it is happening through courts and executive agencies rather than Congress. In just the last few weeks, an appeals court struck down a decades-old handgun rule, the Justice Department took positions that break with long-standing enforcement, and a rights restoration program that sat dormant for more than 30 years reopened.
Here are five developments that may change the rules for gun owners, buyers, and dealers, along with what is settled and what is still unresolved. Information reflects reporting through September 30, 2026.
Quick Summary
- Interstate handgun purchases: A federal appeals court struck down the ban on buying handguns directly across state lines, but its reach is limited for now.
- NFA ruling: A Texas federal court blocked parts of the National Firearms Act for suppressors and short-barreled firearms, and a key appeal deadline arrives October 5.
- Under-21 handgun sales: The Justice Department says it will not criminally enforce the federal ban on dealer handgun sales to 18-to-20-year-olds.
- Rights restoration: A new federal process lets some people apply to regain federal firearm rights.
- AR-15 bans: The Supreme Court will decide whether bans on AR-15-style rifles are constitutional, likely by June 2027.
1. Federal Ban on Interstate Handgun Purchases Struck Down (For Now, in Part of the Country)
On September 18, 2026, the Fifth Circuit Court of Appeals ruled 2–1 in Elite Precision Customs v. ATF that the federal restrictions on direct interstate handgun purchases violate the Second Amendment. Under the Gun Control Act of 1968, a buyer generally could not take a handgun home from an out-of-state dealer. Instead, the gun had to be shipped to a licensed dealer in the buyer's home state, often adding fees and delays. Rifle and shotgun buyers have not faced the same rule.
What the ruling does:
- It finds no historical tradition that supports a categorical ban on this type of direct handgun purchase.
- It creates a split with the Second Circuit, which upheld the ban in 2025. Splits like this are a common path to the Supreme Court.
What it does not do:
- It does not eliminate background checks.
- Its direct reach covers the Fifth Circuit (Texas, Louisiana, and Mississippi), and it is not yet clear when the judgment takes effect or what interim guidance the ATF will give dealers.
- State laws still apply.
If you plan to buy across state lines, check with a licensed dealer and an attorney before assuming the old rule is gone.
2. The NFA Ruling and the October 5 Deadline (Jensen v. ATF)
On August 5, 2026, a federal district court in Texas ruled in the consolidated cases Silencer Shop Foundation v. ATF and Jensen v. ATF that key National Firearms Act provisions, as applied to suppressors, short-barreled rifles, short-barreled shotguns, and "any other weapons," exceed Congress's taxing power. That argument gained force after federal legislation reduced the $200 NFA tax on those items to $0 effective January 1, 2026. The court blocked enforcement of the challenged provisions for the plaintiffs, and for their members and customers.
Where things stand now:
- The court's short stay expired in mid-August and the injunction took effect. The government did not seek an emergency appeal.
- The Trump administration has announced that the Justice Department will not appeal the ruling. The government's formal deadline to appeal is October 5, 2026, so it technically still has time to file.
- ATF Director Robert Cekada reportedly told an industry summit in Dallas that inspectors have been told not to treat suppressor transfers made on a Form 4473 as violations, and that new guidance should arrive in about two weeks, meaning around October. The guidance is expected to address interstate transport and states that require federal registration. The ATF had not publicly confirmed these remarks when this was written.
Why it matters: The injunction covers specific parties, not everyone, and many dealers have been cautious while waiting for official guidance. If you buy or sell NFA items, watch for the ATF's guidance and consult an attorney before relying on the ruling.
3. DOJ Says the Under-21 Handgun Sales Ban Can't Be Enforced
On September 18, 2026, the Justice Department announced that its Office of Legal Counsel had concluded that the federal ban on licensed dealers selling handguns to adults ages 18 to 20 is unconstitutional and cannot be criminally enforced. The opinion, dated September 17, concerns 18 U.S.C. § 922(b)(1) and (c)(1), which also cover handgun ammunition sales.
A key distinction: This is a legal opinion about what the Justice Department will enforce. It is not a Supreme Court judgment, and it does not repeal the statute. As of September 19, the ATF's public minimum-age page still stated that dealers may not sell handguns to buyers under 21. The Fifth Circuit had earlier ruled against the same ban in a separate case.
What it does not change:
- State laws that set their own age limits still apply.
- Prohibitions involving people under 18 are not affected.
- The extra review process for under-21 buyers created by the Bipartisan Safer Communities Act is not addressed.
Gun control groups have criticized the opinion, and dealers may wait for ATF guidance before changing their practices.
4. Federal Firearm Rights Restoration Is Back
For more than 30 years, a federal law allowing the Attorney General to restore firearm rights sat unusable because Congress blocked the ATF from spending money on it. On August 17, 2026, the Justice Department announced a final rule that moves the process to the Office of the Pardon Attorney. The rule took effect September 21.
How the rollout works:
- September 25, 2026: Applications open to invited candidates.
- November 4, 2026: Applications open to the public, starting with the first 5,000 candidates.
What to know:
- Restoration is not automatic. Each application gets an individual review, and the applicant generally must wait five or ten years depending on the underlying conviction.
- A successful application restores federal firearm rights only. It does not erase a conviction, and it does not remove separate state or tribal firearm prohibitions.
- Denials can be challenged in court.
- The rule excludes marijuana from the definition of "controlled substance" for certain provisions of the program.
If you or someone you know may qualify, review the requirements on the Justice Department's program page and consider speaking with an attorney first.
5. The Supreme Court's AR-15 Case: The Biggest Change on the Horizon
The most consequential item on any "gun laws changing" list is a pair of consolidated cases, Viramontes v. Cook County and Grant v. Higgins. On June 30, 2026, the Supreme Court agreed to hear challenges to semi-automatic rifle bans in Cook County, Illinois, and Connecticut.
The question is whether the Second and Fourteenth Amendments protect the right to own AR-15-platform and similar rifles. The Court has never directly answered that on the merits.
Why it matters: Roughly a dozen states and the District of Columbia have some form of assault weapons ban. A ruling against those bans could invalidate or force rewrites of laws in places like California, Illinois, Maryland, New Jersey, New York, and Washington. A ruling upholding them would cement those laws for years.
What to expect: Arguments are anticipated during the term that begins in October 2026, with a decision likely by June 2027. Until then, existing state laws generally remain in force unless a court says otherwise. A separate petition challenging California's magazine limit (Duncan v. Bonta) is also pending.
What Gun Owners Can Do Right Now
- Check your state and local laws. Many of these developments affect federal law only.
- Watch for ATF guidance. The agency's next moves will decide how the NFA, interstate-sale, and age rulings work in practice.
- Mark October 5 and November 4. The NFA appeal deadline and the public opening of rights restoration applications both fall soon.
- Keep your paperwork organized. Receipts, forms, and permits matter more when rules are in flux.
- Talk to a qualified attorney before acting on any ruling, especially for NFA items, interstate purchases, or restoration applications.
Frequently Asked Questions
Can I buy a handgun from an out-of-state dealer now? Not necessarily. The Fifth Circuit struck down the federal ban, but the direct reach is limited to Texas, Louisiana, and Mississippi, and the timing and ATF guidance are unsettled. Background checks and state laws still apply.
Is the NFA registration requirement gone for suppressors? For the plaintiffs and their members and customers covered by the Texas injunction, enforcement of key provisions is blocked. It is not a blanket nationwide repeal, and the government's appeal deadline is October 5. Watch for the ATF's guidance.
Can an 18-year-old buy a handgun from a dealer now? The Justice Department says it will not criminally enforce the federal ban against dealers, but the ATF had not updated its public guidance as of mid-September, and state laws and other rules may still apply. Confirm with the dealer and your state's rules.
Who can apply to restore federal gun rights? People prohibited under federal firearms law may apply, subject to eligibility timelines and disqualifiers in the rule. Applications are opening in stages, and restoration is not guaranteed.
Are AR-15s banned nationwide? No. Some states restrict them, and the Supreme Court will review the constitutionality of those bans, with a decision expected by June 2027.
Final Thoughts
Gun laws are changing on several fronts at once. Courts are pushing back on decades-old federal restrictions, the Justice Department is changing enforcement positions, and the Supreme Court will decide the AR-15 question by mid-2027. Several of these changes are new, narrow, or awaiting agency guidance, so verify the details before you act.
Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change quickly and vary by state and locality. Confirm current requirements with official sources or a licensed attorney.
Sources consulted: Justice Department press releases and program pages (under-21 opinion; Federal Firearm Rights Restoration); Bloomberg Law, AP, and Washington Times reporting; Outdoor Life, AmmoLand, NRA-ILA, and American Suppressor Association coverage of the NFA case; law firm summaries of the § 925(c) rule; SCOTUSblog and Duke Firearms Law on the AR-15 cert grants.
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