Since we last wrote about the NFA zero-tax fight, two things happened that change the federal picture. The Justice Department confirmed it will not appeal the Silencer Shop Foundation v. ATF ruling. Then, on October 9, 2026, ATF announced it will stop enforcing NFA registration and approval requirements for suppressors, short-barreled rifles, short-barreled shotguns, and "any other weapons." The nationwide policy applies to those four untaxed categories, not machineguns or destructive devices, and extends beyond the people covered by the court's injunction.

For Colorado residents, the federal side just got much simpler. The state side did not change at all.

What happened since our last update

In our September update, we flagged that the government's ordinary appeal deadline was still open. That question is now answered. The Justice Department has said it will not appeal, a decision ATF confirmed in its October 9 announcement.

Then ATF went further than the court required. In an open letter and FAQ signed by Director Robert Cekada, the agency said it will not enforce these requirements against anyone, for the four untaxed categories:

  • Applying for and receiving approval before making (Form 1) or transferring (Form 4)
  • Registering the item in the National Firearms Registration and Transfer Record
  • The prohibitions on making, receiving, transferring, or possessing an unregistered item (other than items with obliterated serial numbers or illegally imported items)
  • Transporting an unregistered item in interstate commerce
  • The NFA marking requirements

ATF says it is doing this "as a matter of enforcement discretion," partly to end the uneven situation the party-specific injunction created.

What still applies

These items did not become unregulated. According to ATF's FAQ:

  • Machine guns and destructive devices keep the $200 tax and the full NFA process. Nothing changed for them.
  • Gun Control Act rules still apply. Dealers must still complete a Form 4473 and run a NICS check, keep records, and can't sell to prohibited persons.
  • Form 20 is still required to take a short-barreled rifle or shotgun across state lines, even if the item is unregistered.
  • Businesses still pay the special occupational tax to manufacture, import, or deal in NFA items.
  • Dealers still can't sell in violation of state or local law. That's a federal crime under 18 U.S.C. 922(b)(2), and ATF warns it can cost a dealer their license.

There's one more wrinkle for short-barreled rifles and shotguns sold by dealers. A separate Gun Control Act provision requires Attorney General authorization for those transfers. ATF says no non-NFA process exists yet, so it won't enforce that provision until it writes new regulations.

This is a policy, not a repeal

The NFA itself is unchanged. What changed is ATF's decision not to enforce parts of it. ATF lists ways enforcement could come back: Congress could impose a new tax, the injunction could be dissolved or overturned, or the Department could rescind the guidance.

ATF is also blunt about what would happen to items people chose not to register. Federal law "does not generally permit subsequent registration," and nothing would automatically grandfather unregistered items. The only exception is a discretionary amnesty of up to 90 days, which the Attorney General isn't required to declare.

Answering a question we asked in August

In our first article on the ruling, we asked whether ATF would keep accepting voluntary Form 1 and Form 4 applications. The answer is yes. ATF says it will keep maintaining the registry and approving NFA forms for anyone who chooses to file.

That matters in Colorado, because the approved federal form is what owners have traditionally relied on for the state's affirmative defense. The paperwork route still exists. It's just optional at the federal level now.

ATF also now lets owners ask to have items removed from the registry. It warns that once an item is removed, it can't be re-registered unless the Attorney General declares an amnesty. We cover why Colorado owners should think hard before doing that in a separate post.

Colorado's statute still hasn't changed

C.R.S. 18-12-102 still classifies a firearm silencer, short rifle, and short shotgun as a "dangerous weapon." Knowingly possessing one is still a class 5 felony. For an ordinary owner, the statute's relevant affirmative defense is having a "valid permit and license for possession."

ATF's FAQ addresses the state-law question directly, and declines to answer it. ATF says it "cannot opine on whether holding an unregistered firearm or silencer pursuant to ATF's enforcement discretion will qualify for state-law purposes as lawfully held (or registered) under federal law," and tells people to check with state and local authorities.

As of October 12, 2026, we have not found public guidance from the Colorado Attorney General, CBI, or a Colorado court explaining how the affirmative defense applies to an item that was never federally approved.

Someone is now asking the Colorado Attorney General

On October 9, the Firearms Policy Coalition sent letters to the attorneys general of 15 states, Colorado included. The letters say these states have laws tying legal possession to the now-unenforced federal registration process. FPC made two requests:

1. Immediate non-enforcement guidance. A formal statement telling state and local prosecutors not to enforce those provisions against people who possess untaxed NFA items without federal registration. 2. A legislative fix. A bill untying state law from the federal registration requirements, ideally a full repeal of the separate state restrictions.

FPC said it hopes to avoid litigation but would "do what is necessary." For Colorado, the second request would mean the General Assembly amending 18-12-102 in the 2027 session. We had not found a public response from Attorney General Phil Weiser's office as of October 12, 2026.

Bottom line

At the federal level, ATF says individuals may now proceed without NFA approval for suppressors, short-barreled rifles and shotguns, and AOWs under the agency's enforcement-discretion policy. In Colorado, the felony statute and its affirmative defense work exactly as they did before October 9. No Colorado authority has publicly said that an item made or bought without federal approval satisfies that defense.

Voluntary federal registration is still available, still free, and still the clearest documentation a Colorado owner has. Until the Attorney General, the legislature, or a court answers the Colorado question, talk to a qualified Colorado firearms attorney before relying on the new federal policy here.

As always, we are not lawyers — just Colorado citizens trying to understand the rules, statutes, and court decisions and share what we learn. The information on this website is for general informational purposes only and does not constitute legal advice, nor does it create an attorney/client relationship. The accuracy, completeness, or currency of the content is not warranted. Your use of content on this website is at your own risk. Consult an attorney about your specific circumstances.