Bill Proposes Sweeping Changes to Short-Barreled Shotgun Laws, Overriding State Rules and Erasing Federal Records

The 'No Frivolous Application for Short-Barreled Shotguns Act,' or NFA SBS Act, is on the table, and it's looking to fundamentally change how federal law treats short-barreled shotguns. This bill proposes to eliminate the current federal definitions of these firearms based on barrel or overall length, remove them from certain federal restrictions, and significantly limit state and local authority to regulate them. If passed, it would also mandate the destruction of existing federal registration and transfer records for these types of shotguns within a year.

Unpacking the Federal Shift: What Changes for Short-Barreled Shotguns?

Currently, federal law, primarily through the National Firearms Act (NFA) which is part of the Internal Revenue Code, defines a short-barreled shotgun (SBS) by specific lengths – a barrel under 18 inches or an overall length under 26 inches. The NFA SBS Act, in Section 2, would scrap these definitions entirely. This section also reclassifies these weapons, stating that any weapon designed to shoot shotgun shells will not be treated as a "destructive device" under federal law. This is a significant shift, as items classified as destructive devices face some of the most stringent federal regulations.

Building on this deregulation, Section 3 of the bill amends Title 18 of the U.S. Code – the main body of federal criminal law – to remove "short-barreled shotgun" from specific subsections (a)(4) and (b)(4) of Section 922. These subsections generally outline restrictions on who can legally receive or transport certain firearms, and who is prohibited from selling or delivering them. The practical upshot? Fewer federal hurdles for the acquisition and transfer of these particular shotguns.

States on the Sidelines, Records Deleted: The Bill's Impact Beyond Federal Books

The proposed legislation doesn't just stop at federal adjustments; it significantly curtails the power of state and local governments. Section 5 amends federal law (18 U.S.C. § 927) to preempt, or essentially override, any state or local laws that impose special taxes (beyond general sales or use taxes) on the making, transferring, using, possessing, or transporting of short-barreled shotguns. Crucially, this section also invalidates state or local rules that require the marking, recordkeeping, or registration of these firearms.

Furthermore, Section 4 stipulates that if an individual legally obtains or possesses a short-barreled shotgun under general federal firearms law (specifically, Chapter 44 of Title 18), they are automatically considered to have met any state or local registration or licensing requirements that reference the National Firearms Act. This means federal compliance could effectively bypass certain state-level NFA-based regulations for these weapons.

Perhaps one of the most striking provisions is in Section 6: it directs the Attorney General to destroy, within 365 days of the bill's enactment, federal records related to the registration and transfer of these specific shotguns. This includes transfer applications (under section 5812 of the Internal Revenue Code) and maker applications (under section 5822) currently held in the National Firearms Registration and Transfer Record for shotguns previously defined by their barrel/overall length or those treated as destructive devices (a category from which these shotguns are now proposed to be removed).

The Real-World Reset: What This Means for Gun Regulation and Public Safety

So, what's the bottom line if this bill passes? We're looking at a major deregulation of short-barreled shotguns at the federal level, combined with a significant reduction in the ability of states to impose their own specific controls. These firearms, historically subject to stricter NFA rules due to factors like concealability and perceived dangerousness, would largely be treated like standard rifles or shotguns under federal law, moving outside the NFA's more rigorous oversight for many purposes.

For individuals interested in owning these types of firearms, the path to acquisition could become considerably simpler, potentially involving fewer federal forms, background check nuances, and fees typically associated with NFA items. However, the sweeping changes proposed by the NFA SBS Act raise substantial questions and concerns. The preemption of state laws means that communities desiring stricter local rules on these specific weapons would find their regulatory options severely limited. For law enforcement agencies, the mandated destruction of federal records, as outlined in Section 6, could complicate efforts to trace short-barreled shotguns involved in criminal activities, removing a valuable data source. Removing these firearms from the NFA's heightened scrutiny and erasing historical data fundamentally alters a decades-old approach to regulating weapons often associated with increased risk, a shift that could have significant, and potentially troubling, implications for public safety and the ability of both federal and local authorities to oversee these types of firearms.