ATF's October 9 guidance included something new: owners can now ask ATF to remove a suppressor, short-barreled rifle, short-barreled shotgun, or "any other weapon" from the federal NFA registry. Some owners want out of the registry for privacy reasons, and that's understandable.

For a Colorado owner, though, that one email could be one of the hardest decisions in this whole saga to undo.

How deregistration works

According to ATF's FAQ, you request removal by writing to the NFA Division at NFAFAX@atf.gov. The same process applies if you had an application pending and no longer want to complete it.

Why it's effectively permanent

ATF's FAQ is direct: "once an item is removed, it cannot be re-registered unless the Attorney General declares an amnesty." Federal law generally doesn't allow registering an NFA item after the fact. An amnesty is limited to 90 days and is entirely at the Attorney General's discretion.

That matters because ATF's current policy is a choice, not a change in the statute. ATF says enforcement could resume if Congress adds a new tax, the court injunction is dissolved or overturned, or the Department rescinds its guidance. If that happens, ATF says unregistered items would not be automatically grandfathered.

Why it's riskier in Colorado

Colorado has its own law. C.R.S. 18-12-102 makes knowingly possessing a silencer, short rifle, or short shotgun a class 5 felony. One affirmative defense is having "a valid permit and license for possession." Colorado doesn't issue its own ordinary-owner permit for these items. Approved federal NFA paperwork has traditionally been the documentation owners relied on.

If you remove an item from the registry, you may be giving up the documentation that has traditionally supported that defense. No Colorado authority has said what, if anything, replaces it. We covered that open question in our August article, and as of this writing it's still open.

Questions to ask before you act

  • Do I live in Colorado, or plan to keep the item here? If so, the state question applies to you regardless of what federal law requires.
  • What documentation would I have left? Removing the item from the registry doesn't undo past approvals, but it's unclear how a Colorado prosecutor or court would view a deregistered item.
  • What if federal enforcement comes back? You could be holding an unregistered NFA item with no guaranteed way to fix that.
  • Have I talked to a Colorado firearms attorney? This is exactly the kind of decision worth a consultation before you send the email.

The flip side: registering is still available

ATF is still accepting and approving Form 1s and Form 4s from anyone who files voluntarily, and the tax is still $0. For Colorado owners who want the clearest footing under state law, the traditional federal approval is still on the table.

Bottom line

Deregistration is easy to request and very hard to reverse. In Colorado, it may also remove the paperwork that has traditionally backed up the state's affirmative defense. Until the state clarifies how 18-12-102 applies after October 9, get advice from a qualified Colorado attorney before asking ATF to remove anything.

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.