H.R. 2395 — SHORT Act

This section revises the definition of "firearm" under the National Firearms Act (NFA, i.e., 26 USC ch. 53)—which imposes registration and a $200 transfer tax on certain firearms—to include only (1) a machinegun, (2) a silencer (as defined in 18 USC 921(a)(3)), or (3) a destructive device, with exceptions for antique firearms and collectors' items that are not machineguns or destructive devices (thus excluding short-barreled rifles and shotguns, rifles with barrels under 16 inches or overall length under 26 inches, shotguns with barrels under 18 inches or overall length under 26 inches, and "any other weapons"). It further revises the destructive device definition to exclude all shotgun shells and any weapon designed to shoot shotgun shells (previously, excluded only those generally recognized as suitable for sporting purposes). It eliminates the $5 transfer tax on "any other weapons" (previously, $200 generally). The amendments apply to calendar quarters beginning after the 90-day period starting on the date of enactment.

This section strikes "short-barreled shotgun, or short-barreled rifle," from 18 U.S.C. 922(a)(4) and (b)(4)—which prohibit, respectively, unlicensed persons from engaging in the business of dealing in such firearms and licensed dealers from selling or delivering them to anyone other than other licensees or specified law enforcement and government personnel—and makes a conforming change by striking ", machinegun" and inserting "or machinegun" in both subsections. (Thus, short-barreled rifles [i.e., rifles with barrel length under 16 inches or overall length under 26 inches] and short-barreled shotguns [i.e., shotguns with barrel length under 18 inches or overall length under 26 inches] are no longer subject to these Gun Control Act restrictions and may be commercially dealt in and sold like other rifles and shotguns, subject to National Firearms Act requirements for registration and transfer taxes.)

This section provides that any person who acquires or possesses a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e) of the Internal Revenue Code, i.e., firearms with barrels less than 16 or 18 inches or overall length less than 26 inches, smoothbore handguns, or disguised weapons) in accordance with chapter 44 of title 18, United States Code (i.e., the Gun Control Act of 1968), is treated as meeting any state or local registration or licensing requirement for such item that is determined by reference to the National Firearms Act. (Thus, federal compliance preempts certain state or local requirements for these National Firearms Act-regulated weapons.)

This section revises the savings clause in federal firearms law (18 U.S.C. 927)—which generally preserves state law absent direct conflict with federal law—by designating the existing text as subsection (a) and adding subsection (b). Subsection (b) preempts any state or local law imposing a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a short-barreled rifle or short-barreled shotgun in or affecting interstate or foreign commerce, or imposing a marking, recordkeeping, or registration requirement on such a firearm. (Short-barreled rifles and shotguns are National Firearms Act weapons with barrels under 16 inches and 18 inches, respectively, subject to federal $200 making/transfer taxes and registration.)

This section directs the Attorney General, not later than 365 days after enactment, to destroy all registrations of applicable weapons in the National Firearms Registration and Transfer Record (NFRTR); all transfer applications identifying transferees of applicable weapons; and all manufacturing applications identifying makers of applicable weapons. (The NFRTR is the Bureau of Alcohol, Tobacco, Firearms and Explosives registry of firearms subject to the National Firearms Act; applicable weapons include short-barreled rifles, short-barreled shotguns, any other weapons, and destructive devices classified as such before enactment but not after.)