HR3034-119

What This Bill Does

The NFA SBS Act reduces federal and certain state-law burdens on short-barreled shotguns. It amends the National Firearms Act definition of firearm in Internal Revenue Code section 5845(a) to remove shotguns with barrels under 18 inches and weapons made from shotguns with short overall length or barrels. It also narrows destructive-device treatment so weapons designed to shoot shotgun shells are excluded along with shotgun shells. The bill removes short-barreled shotguns from 18 U.S.C. 922 transfer and transport restrictions, treats people who acquire or possess such shotguns under Gun Control Act chapter 44 as satisfying state or local registration requirements that depend on the National Firearms Act, preempts state or local taxes other than generally applicable sales or use taxes and marking, recordkeeping, or registration requirements for short-barreled shotguns in interstate or foreign commerce, and directs the Attorney General to destroy National Firearms Registration and Transfer Record registrations, transfer applications, and making applications for applicable shotguns within 365 days.

Who Benefits and How

Short-barreled shotgun owners benefit because federal NFA registration, transfer, and tax treatment would no longer apply to covered shotguns. Firearms manufacturers benefit from reduced barriers to making and selling shotgun-shell weapons previously treated as NFA firearms. Federal firearms licensees benefit from fewer transfer restrictions and less NFA paperwork for covered short-barreled shotguns. Gun rights advocates benefit from preemption of certain state taxes, marking rules, recordkeeping rules, and registration requirements.

Who Bears the Burden and How

ATF and the Attorney General must destroy covered NFA registrations and transfer or making applications within 365 days. State firearm regulators lose authority over taxes and recordkeeping rules tied to short-barreled shotguns in interstate or foreign commerce. Local governments lose certain registration, marking, and tax tools for short-barreled shotguns. Public safety agencies could face higher enforcement uncertainty if short-barreled shotgun records are destroyed.

Key Provisions

• Amends the National Firearms Act to remove short-barreled shotguns from the firearm definition.
• Repeals Gun Control Act references that separately restrict short-barreled shotgun transport and transfer.
• Provides that Gun Control Act compliance satisfies state or local requirements keyed to the National Firearms Act.
• Bars certain state or local taxes, marking rules, recordkeeping rules, and registration requirements.
• Requires destruction of federal short-barreled shotgun registration and transfer records within 365 days.