r/COGuns • u/pacobean23 • 15d ago
Legal Sbr and sbs question
So just wondering about the new rules when it comes to building a sbr or a sbs. Is it legal now in Colorado that I can build a sbr without any restrictions?
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u/lostPackets35 14d ago
This answer really needs to be pinned. There but there are parts here you should be aware of.
First, federal law is not changing. The ATF does not have the power to change federal law, only Congress does. The ATF has said that for now they will not be enforcing NFA registration requirements on sbrs, sb's and suppressors. What you do with that information is up to you. You are still committing a federal felony by possessing and unregistered NFA item. The branch responsible for enforcement is just choosing not to enforce that law for now. That can change at any point, and there is no guarantee of any kind of amnesty if it does.
Second, possessing a " dangerous weapon" is illegal in Colorado unless you possess a tax stamp issued by the ATF. That hasn't changed, and there's no indication that Colorado doesn't tend to enforce that law.
In a practical sense, the only thing that's really changed is that you no longer have the engraving requirement
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u/backwards_yoda 14d ago
This is what people need to understand. I keep seeing people say nfa items are legal now despite the fact no law has actually changed. Also as far as i am aware if you dont fall under one of the protected classes from the Texas ruling you dont have any legal protection by this atf guidance.
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u/djasbestos 14d ago
In general concurrence:
The legal distinction is that in the 5th Circuit, plaintiffs were protected by court order on the grounds that NFA enforcement exceeds constitutional tax authority when the tax is always zero, and an important caveat to that injunction on ATF is that the scope of the order is based solely upon taxing authority, not anything else.
WHEN the tax changes back to more than zero, we get into a new pickle, probably a new amnesty (because they can't ding you ex post facto, and that's arguably entrapment in this case), and a new set of litigation. Hopefully Cekada gets to keep his job, as his view right now seems to be that of a principled law enforcement man exercising discretion in enforcement, because the logical conclusion of this case (having not been appealed, right?) Is that the jurisprudence is established and the logic applied to plaintiffs' victory extends to all persons who are not prohibited. And you're right that the facts will change later as times, Congress, and executive directors change.
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u/Extreme-Will-3556 14d ago
Precisely. I wouldn't be surprised if we see a SCOTUS ruling on the NFA's constitutionality due to the elimination of the tax (much like what was tried with dropping the individual mandate on the ACA, making it unconstitutional, as it too was based on the tax code).
More people need to understand this process and see the great direction things are going with the Trump DOJ and the 2nd Amendment.
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u/Downtown_Aside6035 14d ago
new government is likely to provide amnesty, otherwise entrapment by estoppel would be a valid defense
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u/pieconnisouire058 14d ago
But then if I take a lower and put a short barrel upper on it and get a form one is that now a new rifle. With that does that mean I have to get the new permit in order to get the tax stamp?
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u/lostPackets35 14d ago
I'm not a lawyer, but I no.
You already own the lower. You're not purchasing or importing anything.
You do need to get the tax stamp to not be in possession of a dangerous weapon under CO law, and an unregistered NFA item under Federal law.
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u/backwards_yoda 15d ago
No, colorado regulates short shotguns and rifles and dangerous wepons and posession of these is a felony. A valid permit or license for these weapons however is an affirmative defense to possessing one. The NFA registration system has broadly been interpreted as meeting this permit/license defense.
Basically the NFA is the only recognized path to legally owning items regulated by the NFA in colorado. Because the new ATF guidance does not overrule state law you still have to comply with it here.
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u/CaptainQuattro 15d ago edited 15d ago
No. The statute that legislates this is CRS 18-12-102. The last subsection states:
"It shall be an affirmative defense to the charge of possessing a dangerous weapon... (if) that said person has a valid permit and license for possession of such weapon."
The "permit" is the tax stamp, and that hasn't changed. You still need a stamp form 1 or form 4 in Colorado.
https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-12-102/
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u/Hoplophilia 15d ago edited 14d ago
Well, it's the registration. There's no stamp, since there's no tax. It's basically the same as the amnesty period a couple of years ago.Here is an example of the new stamp, for anyone interested.
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u/CaptainQuattro 15d ago
Have you gotten an SBR or supressor since the 2026 changes? You still get a signed form 1/4 with a "stamp" printed on it, even today. Nomenclature aside, you still need an approved form 1 or form 4.
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u/Hoplophilia 14d ago
No, I have not. I'd be interested to see what the stamp looks like. I'm guessing it's a new product since they left them off all of the amnesty registrations
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u/thewinterfan 13d ago
Mine's not signed. It's just printed with "Authorized NFA Division official" over the signature box.
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u/CaptainQuattro 13d ago
Im not sure why we're all being so pedantic about this, as its largely irrelevant to the initial question posed by the OP, but technically it says "Digitally Signed by Authorized NFA Division official" right next to that.
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u/backwards_yoda 14d ago
There is still a stamp. The BBB didnt remove the tax stamp it just reduced the fee from $200 to $0.
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u/Sad_Designer_4608 14d ago
Are you required to get your SB25-003 permission slip in order to file form 1s?
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u/backwards_yoda 14d ago
No, not all sbrs/sbs's are ssfs.
If you already posess and ssf and want to do a form 1 with it you dont need the permit since you are making a sbr/sbs and now buying/transferring/manufacturing a new ssf.
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u/Sad_Designer_4608 14d ago
So you only need your 003 permission slip if it's a form 4, but a form 1 you don't? Is that an accurate understanding?
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u/backwards_yoda 14d ago
Yes, Sb25-003 only regulates the manufacture, distribution, transfer, sale and purchase of specified semi automatic firearms. You do none of these during a form 1 IF you already posess the firearm. If you are manufacturing your own firearm in colorado you need to do a background check and if the firearm is an ssf you then need your permit.
If there is a form 4 for an ssf taking place then a sale, transfer, or purchase is taking place so the tranferee/buyer must have their ssf permit.
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15d ago
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u/macthebearded 15d ago
State doesn't override federal, it adds to it. As states have always been able to do.
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u/squeeshka 15d ago
You still need to file a form 1 with the ATF. No need to engrave it with your information now though.