Wyoming NFA Items

The Headline

Wyoming is permissive on every National Firearms Act category that federal law permits civilians to own. Suppressors, short-barreled rifles (SBR), short-barreled shotguns (SBS), any-other-weapons (AOW), destructive devices (DD), and transferable pre-1986 machine guns are all lawful to possess in Wyoming with the proper federal registration. Wyoming preemption (Wyo. Stat. Sec. 6-8-401 through 6-8-404) prevents counties and cities from adding restrictions. The Wyoming Firearms Freedom Act of 2010 (Wyo. Stat. Sec. 6-8-405 et seq.) made an aspirational argument that Wyoming-made-and-retained firearms were exempt from federal regulation, but federal courts have not honored similar state-level acts; rely on federal compliance.

What the NFA covers - 26 U.S.C. 5845

The National Firearms Act regulates six categories of weapons by definition. Civilian acquisition requires ATF approval on Form 4 (transfer) or Form 1 (make), payment of the federal $200 transfer tax (or $5 for AOWs), and tax-stamp issuance before possession is lawful.

Suppressors (silencers)

Lawful to own in Wyoming with ATF approval. The process:

• Choose an individual or trust ownership structure. NFA gun trusts are common for shared-use and inheritance planning.
• Submit Form 4 (dealer transfer) or Form 1 (manufacture from a solvent trap or kit).
• $200 transfer tax.
• Fingerprint cards (FD-258) for each "responsible person" if a trust.
• Photographs.
• Local chief law-enforcement-officer (CLEO) notification (not approval) under the post-2016 rule.
• Wait approximately 3-12 months for ATF approval (variable; eForms is faster than paper).
• Take possession after the approved Form 4 returns.

Suppressors may be used in Wyoming for hunting under Wyoming Game and Fish Department regulations - Wyoming permits suppressor use for hunting all legal species. Verify the current Game and Fish rule before the season.

Short-barreled rifles (SBR) and short-barreled shotguns (SBS)

Lawful with NFA registration. An SBR is a rifle with a barrel under 16 inches or an overall length under 26 inches; an SBS is a shotgun with a barrel under 18 inches or overall length under 26 inches. Possession in Wyoming requires the federal tax stamp. The recent ATF rule on pistol braces (Final Rule 2021R-08F) changed the SBR analysis for many brace-equipped pistols; that rule was vacated in the Fifth Circuit in Mock v. Garland (2024) and reinstated and litigated through 2025. Verify the current status before relying on brace-equipped pistols.

Machine guns

Lawful to own only if the machine gun was registered with ATF before May 19, 1986 (the cutoff under the Hughes Amendment to the Firearm Owners Protection Act, 18 U.S.C. 922(o)). Transferable pre-1986 machine guns may be purchased from a federally licensed dealer; the federal $200 transfer tax applies. Post-1986 machine guns are unavailable to civilians; only law enforcement, military, and dealer-samples (held by SOT-3 dealers) may possess them.

Any-other-weapons (AOW)

Lawful with ATF registration. AOWs are a residual NFA category covering smooth-bore handguns, pen guns, cane guns, certain firearms disguised as non-firearms, and similar items. The transfer tax is $5 (not $200) on Form 4.

Destructive devices (DD)

Lawful with ATF registration. DDs include grenades, bombs, mines, rockets with explosive content above 4 ounces, and any large-bore firearm (over .50 caliber inches) that is not a sporting firearm. The transfer tax is $200 on Form 4. ATF registration includes verification of legitimate civilian use.

Federal post-1934 dates and rules

• Form 4 (transfer to civilian) - $200 (or $5 for AOW).
• Form 1 (make/manufacture) - $200.
• Form 3 (FFL-to-FFL transfer) - $0.
• Form 5 (tax-free transfer to certain heirs, government, or law enforcement) - $0.
• Form 5320.20 (interstate transport for NFA items) - required for permanent transport of NFA items to another state; not required for temporary transport.

Wyoming-specific framework

Wyoming Firearms Freedom Act - Wyo. Stat. Sec. 6-8-405 (2010)

Wyoming enacted a Firearms Freedom Act stating that firearms manufactured in Wyoming, retained in Wyoming, and stamped "Made in Wyoming" are not subject to federal regulation. Courts have not honored similar state-level acts; the Ninth Circuit in Montana Shooting Sports Ass'n v. Holder (2013) rejected the Montana version. Wyoming residents should rely on federal compliance for all NFA items regardless of in-Wyoming manufacture.

Wyoming preemption - Wyo. Stat. Sec. 6-8-401 to 404

Cities and counties cannot enact ordinances restricting NFA-item ownership, possession, or transport that go beyond state and federal law. The Wyoming framework on NFA items is therefore the federal floor.

No state-level NFA registration

Wyoming has no separate state-level NFA registration requirement. Possession of a federally-registered NFA item is sufficient.

Practical workflow for a Wyoming buyer

1. Decide individual vs. trust ownership (trust is common for SBRs, machine guns, and items intended to be shared or inherited).
2. Select a Wyoming SOT-2 (Class 3) dealer or an out-of-state dealer.
3. Pay for the item and the $200 transfer tax (or $5 for AOW).
4. Complete Form 4 with fingerprints, photo, CLEO notification.
5. Wait for ATF approval (3 to 12 months).
6. Take possession after the approved stamp is returned to the dealer.

Form 1 (make-your-own) workflow is similar but submitted before manufacturing the item; approval comes back, then the maker manufactures the item.

Carrying NFA items

Once registered and lawfully possessed:

• Suppressors may be attached to firearms carried under the CFP or permitless carry. There is no statutory prohibition on carrying a suppressed firearm in Wyoming.
• SBRs may be transported under the CFP or permitless carry frameworks; an SBR is a "rifle" under Wyoming law and is not concealed in normal carry. Open carry is the typical method.
• Machine guns are lawfully possessed but not lawfully discharged in inhabited areas without a controlled range; check local discharge ordinances (preemption permits discharge regulations).
• All NFA items remain subject to the federal prohibited-person framework. Carry the registration paperwork (or a copy) when transporting.

Interstate transport of NFA items

• Suppressors and AOWs: no Form 5320.20 required for interstate transport.
• SBR, SBS, machine guns, DDs: Form 5320.20 required for transportation across state lines. File at least 30 days in advance.
• A copy of the approved tax stamp should accompany the item during transport.

Inheritance

NFA items pass through an estate via ATF Form 5 (tax-free transfer to heir). The heir must qualify under federal law (not a prohibited person) and must complete fingerprinting and submit the Form 5 application. If the heir does not qualify, ATF will not approve the transfer and the item must be sold to a qualified buyer or surrendered.

Penalties

• Federal unlicensed possession of an NFA item (26 U.S.C. 5861(d)) - felony, up to 10 years and a $10,000 fine, plus forfeiture.
• Federal post-1986 machine gun possession (18 U.S.C. 922(o)) - felony, up to 10 years.
• Federal Form 5320.20 failure - misdemeanor or civil penalty depending on circumstances.
• Wyoming carry while in possession of an NFA item - same as carrying any other firearm; the NFA status does not change Wyoming law.

Recent developments

• ATF Final Rule 2021R-08F (pistol braces) - vacated and reinstated multiple times through 2024-2025; verify current status.
• Hughes Amendment challenges - litigation continues; the post-1986 machine gun ban remains in effect.
• Wyoming Game and Fish - confirmed suppressor use is lawful for hunting all legal species as of the 2024-2025 regulations.

Current as of May 2026.