Michigan NFA Items: Suppressors, Machine Guns, SBRs, and SBSs

National Firearms Act (NFA) items are legal to own in Michigan, but only when the owner has cleared the federal registration process under 26 USC Chapter 53 and complied with the parallel rules in the Michigan Penal Code. The state does not run a separate NFA registry. Instead, MCL 750.224 and MCL 750.224b prohibit certain weapons outright and then carve out an exception for items that are lawfully made, transferred, or possessed under federal law.

Bottom line for Michigan residents: if your suppressor, machine gun, short-barreled rifle (SBR), or short-barreled shotgun (SBS) is properly registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and you are a person who is allowed to possess it under federal law, you are not committing a Michigan crime by owning it. If federal compliance is missing or lapses, every day of possession is a Michigan felony.

What Michigan law prohibits outright

MCL 750.224(1) makes it a crime to manufacture, sell, offer for sale, or possess any of the following weapons in Michigan:

• A machine gun or firearm that shoots or is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger
• A muffler or silencer
• A bomb or bombshell
• A blackjack, slungshot, billy, metallic knuckles, sand club, sand bag, or bludgeon
• A device, weapon, cartridge, container, or contrivance designed to render a person temporarily or permanently disabled by the ejection, release, or emission of a gas or other substance

A violation of MCL 750.224(1) is a felony. Under MCL 750.224(2), the maximum penalty is imprisonment for not more than 5 years, a fine of not more than $2,500, or both. The Michigan Sentencing Guidelines list MCL 750.224 as a Class E public-safety felony.

MCL 750.224(4) defines "muffler" or "silencer" to include a device for muffling, silencing, or deadening the report of a firearm, a combination of parts designed and intended to assemble or fabricate a muffler or silencer, and a part designed and intended only for that use. That definition is why an unregistered suppressor, or even an unregistered solvent-trap kit intended as silencer parts, falls within the MCL 750.224(1)(b) prohibition.

The federal NFA pathway: how Michigan owners stay legal

MCL 750.224(3) lists the situations where the prohibition in subsection (1) does not apply. The one that matters for ordinary NFA ownership is MCL 750.224(3)(c), which exempts:

A person licensed by the secretary of the treasury of the United States or the secretary's delegate to manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance described in subsection (1).

Treasury delegated this authority to ATF decades ago. In practical terms, "licensed or approved" by ATF means the item is registered in the National Firearms Registration and Transfer Record (NFRTR) and the transfer to you was approved on an ATF Form 4 (for a transfer from a dealer or another individual) or Form 1 (for an item you make yourself).

The Michigan Attorney General confirmed how subsection (3)(c) works in OAG No. 7260 (September 2, 2011). The opinion answered the silencer question directly: possession, manufacture, or sale of a firearm silencer is permitted in Michigan under MCL 750.224(1)(b) if the person is licensed or approved to possess, manufacture, or sell the device by ATF, as required by MCL 750.224(3)(c). Possession by an unlicensed or unapproved person is a felony punishable by up to five years' imprisonment under MCL 750.224(2).

OAG No. 5210 (August 10, 1977) reached the same conclusion for machine guns and silencers in general terms: a private citizen cannot acquire or possess these items without the required federal license or approval.

Machine guns: federal pre-1986 cutoff applies

Machine guns sit on top of MCL 750.224(1)(a) plus an extra federal limit. Under 18 USC 922(o), civilians cannot lawfully possess a machine gun manufactured after May 19, 1986. The federal registry was closed to new civilian transferable machine guns on that date. Machine guns lawfully registered before May 19, 1986 may continue to be possessed and may be transferred to other qualified civilians, subject to ATF approval.

OAG No. 7183 (December 27, 2005) applied this framework to Michigan: a person in Michigan may possess a machine gun only if it was lawfully possessed before May 19, 1986 and is properly registered under federal law, and may transfer it only if authorized to do so by the ATF Director. The opinion treats the federal Form 4 approval as the "license" contemplated by MCL 750.224(3)(c).

What this means in practice:

• Pre-1986 transferable machine guns are legal in Michigan with an approved Form 4
• Post-1986 dealer samples are limited to FFLs holding a Special Occupational Tax (SOT) registration; a private buyer cannot own one
• Conversion devices (auto sears, lightning links, "switches") are themselves machine guns under federal law and fall under MCL 750.224(1)(a) the moment they exist; only those properly registered before May 19, 1986 are lawful for civilians

NFA items after the 2026 federal tax change

Suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any-other-weapons (AOWs) remain NFA-regulated. They are still registered to a specific person or trust, still require an ATF Form 4 transfer (or Form 1 for self-manufacture), and still go through the same background check.

What changed in 2026: the One Big Beautiful Bill Act (H.R. 1, P.L. 119-21), signed July 4, 2025, restructured the federal making and transfer tax on NFA firearms. Under that law the tax is $200 for a machinegun or a destructive device and $0 for every other NFA firearm, including suppressors, SBRs, SBSs, and AOWs. The new tax rates apply to calendar quarters that begin more than 90 days after July 4, 2025, so the first qualifying quarter is January 1, 2026. As of that date, the tax due on a Form 4 transfer (or Form 1 manufacture) for a suppressor, SBR, SBS, or AOW is $0, while a machinegun or destructive device still carries the $200 stamp. The registration, fingerprinting, photograph, and approval process under 26 USC 5811 and 26 USC 5821 still applies.

Michigan's rules did not change. A suppressor is still a "muffler or silencer" prohibited by MCL 750.224(1)(b) unless the owner qualifies under the MCL 750.224(3)(c) federal-license exception. The $0 federal tax does not waive the registration requirement, and an unregistered suppressor is a Michigan felony regardless of whether any tax was owed.

Short-barreled rifles and short-barreled shotguns: MCL 750.224b

SBRs and SBSs have their own statute, MCL 750.224b. The structure mirrors MCL 750.224 but contains additional rules unique to short-barreled long guns. The full statute breaks down as follows:

Subsection (1) prohibition. A person shall not make, manufacture, transfer, or possess a short-barreled shotgun or a short-barreled rifle.

Subsection (2) penalty. A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 5 years, a fine of not more than $2,500, or both.

Subsection (3) federal-law exception. Subsection (1) does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law. This is the same federal-NFA pathway used by suppressors and machine guns. ATF Form 1 (manufacture, including a pistol-to-SBR build) and Form 4 (dealer or private transfer) are the two normal mechanisms.

Subsection (4) configurations 26 inches or less. A person, excluding a manufacturer, lawfully making, transferring, or possessing a short-barreled shotgun or short-barreled rifle that is 26 inches or less in length under this section shall comply with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a. In plain terms, when a registered SBR or SBS measures 26 inches or less, you must also satisfy the same Michigan handgun licensing rules that apply to a pistol. Treat it like a handgun for purposes of the Michigan record of transaction or pistol purchase license.

Subsection (5) configurations greater than 26 inches. A person who possesses a short-barreled shotgun or short-barreled rifle that is greater than 26 inches in length under this section shall possess a copy of the federal registration of that short-barreled shotgun or short-barreled rifle while transporting or using it, and shall present that federal registration to a peace officer upon request.

Subsection (6) civil infraction for the carry-papers rule. A person who violates subsection (5) is responsible for a state civil infraction and may be fined not more than $100. A short-barreled shotgun or short-barreled rifle carried in violation of subsection (5) is subject to immediate seizure by a peace officer. If the firearm is seized, the person has 45 days to display the federal registration to an authorized employee of the seizing law enforcement entity. If the person does so within that window (and is not otherwise prohibited from possessing a firearm), the firearm is returned. If the person does not, the firearm is subject to seizure and forfeiture under MCL 600.4701 to 600.4709.

Subsection (7) burden of proof. Section 20 of chapter XVI of the code of criminal procedure, 1927 PA 175, MCL 776.20, applies to subsection (3). MCL 776.20 places the burden on the defendant to come forward with evidence of the federal-law exception. If you are charged under MCL 750.224b(1), you carry the initial burden of producing your Form 1 or Form 4 paperwork; the prosecution does not have to prove the absence of registration as part of its case-in-chief.

The Michigan definitions track federal law on barrel and overall lengths:

• Short-barreled rifle (MCL 750.222(k)): a rifle having one or more barrels less than 16 inches in length, or a weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches
• Short-barreled shotgun (MCL 750.222(l)): a shotgun having one or more barrels less than 18 inches in length, or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches

Note that older Attorney General opinions cite these definitions at MCL 750.222(i) and (j). Those letters shifted when later amendments added new definitions to the section. In the current statute, subsection (i) defines "Rifle" and subsection (j) defines "Seller"; the SBR and SBS definitions are now at (k) and (l).

The Sentencing Guidelines classify MCL 750.224b as a Class E public-safety felony, the same severity as the MCL 750.224 prohibitions.

Peace officer and law enforcement exception

MCL 750.231 lists the persons and organizations to whom certain weapon prohibitions do not apply. As currently written, MCL 750.231(1) states that sections 224, 224a, 224b, 224d, 227, 227c, and 227d do not apply to the categories it lists. The categories relevant to NFA items include:

• A peace officer of an authorized police agency of the United States, this state, or a political subdivision of this state, who is regularly employed and paid by that government (MCL 750.231(1)(a))
• A person regularly employed by the Michigan Department of Corrections and authorized in writing by the director to carry a concealed weapon while in the official performance of duties, or going to or returning from those duties (MCL 750.231(1)(b))
• A member of the United States Army, Air Force, Navy, or Marine Corps, or the United States Coast Guard, while carrying weapons in the line of or incidental to duty (MCL 750.231(1)(d))
• A member of the National Guard, United States Armed Forces Reserve, the United States Coast Guard Reserve, or another authorized military organization while on duty or drill, or going to or returning from a place of assembly or practice, while carrying weapons used for that organization's purpose (MCL 750.231(1)(f))
• An organization authorized by law to purchase or receive weapons from the United States or from this state (MCL 750.231(1)(e))

Because the cross-reference in MCL 750.231(1) expressly includes section 224b, peace officers and the other listed persons acting within the statute's terms are exempt from the SBR and SBS prohibition. Active-duty service members are covered by subsection (1)(d), while National Guard, Armed Forces Reserve, and Coast Guard Reserve members are covered separately by subsection (1)(f) with its own duty-related conditions. The two are distinct subsections with different qualifying language, so do not assume the active-duty clause covers reserve or guard status. Officers who possess agency-issued NFA items outside the scope of these exemptions must still meet the federal registration requirements applicable to that possession.

Penalties summary

State and federal charges are separate sovereigns. A single act of unlawful NFA possession can produce both a Michigan MCL 750.224 or 750.224b prosecution and a federal 26 USC 5861(d) prosecution.

Practical buying process

If you are a Michigan resident buying an NFA item from a Michigan FFL or Class III dealer:

1. Choose ownership form. Decide whether title will be in your name as an individual or in a gun trust or other lawful entity. Trusts are still common after the 41F rule changes; consult counsel before drafting.
2. Submit ATF Form 4. The dealer initiates the transfer to you. You complete Form 4 with fingerprints, passport-style photographs, and the responsible-person paperwork if a trust or entity is the transferee.
3. Pay the federal tax. As of January 1, 2026, the tax is $0 for a suppressor, SBR, SBS, or AOW, and $200 for a machinegun or destructive device. Confirm the tax due with your dealer at the time of transfer.
4. Notify chief law enforcement officer (CLEO). The 41F rule requires you to send a copy of Form 4 to your CLEO at the time of submission. ATF does not require CLEO approval, only notice.
5. Wait for ATF approval. The dealer holds the item until ATF returns the approved Form 4 with the tax stamp (or zero-dollar stamp). Approval times have shortened with eForms processing, but timelines change. Do not take possession until approval clears.
6. For SBRs and SBSs that are 26 inches or less: complete the Michigan handgun record of transaction or obtain a pistol purchase license under MCL 28.422 or MCL 28.422a, as MCL 750.224b(4) requires. Treat the item like a pistol for state-law purposes.
7. For SBRs and SBSs greater than 26 inches: carry a copy of the approved federal registration whenever you transport or use the firearm, as MCL 750.224b(5) requires. Keep the original at home; a clean photocopy is sufficient for the on-person rule.
8. Store the registration and Form 4 with the firearm's other documentation. If you build an SBR yourself on a Form 1, ATF's identification-marking rules require the maker, city, and state markings to be engraved before you take possession of the assembled firearm. Have a qualified gunsmith or engraver complete the markings, and confirm the current ATF marking specifications before you build.

If you are moving an NFA firearm across state lines, the controlling interstate-transport rule is 27 CFR 478.28. Under that section, a person must obtain specific advance authorization from the ATF Director to transport a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle in interstate or foreign commerce. Suppressors and AOWs are not on that list, so they generally do not require advance transport authorization, though the registrant should still carry proof of registration. Licensees qualified under the National Firearms Act (FFL/SOT) are excepted from the advance-authorization requirement under 27 CFR 478.28(c). Consult ATF guidance and 27 CFR Parts 478 and 479 before any out-of-state trip with an NFA item.

Sources of authority

The operative state authorities for NFA items in Michigan are MCL 750.224, MCL 750.224b, MCL 750.231, MCL 28.422, MCL 28.422a, and MCL 776.20. The interpretive Attorney General opinions are OAG No. 5210 (1977), OAG No. 7183 (2005), and OAG No. 7260 (2011). The federal statutes that intersect with the state rules are 18 USC 922(o), 26 USC 5811, 26 USC 5821, and 26 USC 5861(d), with implementing regulations in 27 CFR Parts 478 and 479, including the interstate-transport rule at 27 CFR 478.28.

Federal context

Bump stocks - Garland v. Cargill (2024). In Garland v. Cargill, 602 U.S. 913 (2024), the U.S. Supreme Court held that a semiautomatic rifle equipped with a bump stock is not a "machinegun" under the National Firearms Act. As a matter of federal law, bump stocks are no longer NFA-regulated. State law may still independently restrict bump stocks; consult your state's RESTRICTIONS section for any state-level bump-stock prohibition.

P.L. 119-21 NFA tax (2026). Effective for calendar quarters beginning more than 90 days after July 4, 2025 (the first being January 1, 2026), P.L. 119-21 (the One Big Beautiful Bill Act, signed July 4, 2025) set the federal NFA making and transfer tax at $200 for a machinegun or destructive device and $0 for all other NFA firearms, including silencers, SBRs, SBSs, and AOWs. The federal registration requirements (Form 1 / Form 4, fingerprints, photographs, CLEO notice) remain unchanged.