H.R. 3034 — NFA SBS Act

This section removes short-barreled shotguns—defined as those with a barrel or barrels of less than 18 inches in length or, as modified, an overall length of less than 26 inches—from the definition of a "firearm" under the National Firearms Act (NFA, i.e., certain weapons requiring federal registration and a $200 transfer tax). It further amends the NFA destructive device definition to exempt all shotgun shells and any weapon designed to shoot shotgun shells (replacing the prior exception limited to those generally recognized as suitable for sporting purposes). The amendments apply to calendar quarters beginning more than 90 days after enactment.

This section establishes that any person who acquires or possesses a short-barreled shotgun in accordance with the Gun Control Act of 1968 (18 U.S.C. ch. 44) satisfies any state or local registration or licensing requirement for such a shotgun that is determined by reference to the National Firearms Act (NFA). (As background, the NFA regulates short-barreled shotguns—defined as having a barrel less than 18 inches or overall length less than 26 inches—through requirements including registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives and a $200 transfer tax; the Gun Control Act generally prohibits possession of such NFA-regulated firearms absent NFA compliance.) (Thus, this preempts duplicative state or local requirements tied to the NFA.)

This section preempts laws of a state or political subdivision that, notwithstanding the general federal firearms savings clause (i.e., no preemption absent direct conflict), (1) impose a tax—other than a generally applicable sales or use tax—on making, transferring, using, possessing, or transporting a short-barreled shotgun in or affecting interstate or foreign commerce or (2) impose a marking, recordkeeping, or registration requirement with respect to such a shotgun. (Thus, such state and local laws have no force or effect.)

This section directs the Attorney General, not later than 365 days after enactment, to destroy all registrations of applicable shotguns in the National Firearms Registration and Transfer Record (NFRTR); all transfer applications under IRC §5812 identifying transferees of applicable shotguns; and all manufacturing applications under IRC §5822 identifying makers of applicable shotguns. Applicable shotguns are those described in IRC §5845(a)(1) or (2) or treated as destructive devices under §5845(f), as in effect the day before enactment, but not so treated immediately after enactment. (Thus, owners of these formerly regulated National Firearms Act (NFA) shotguns are relieved of associated recordkeeping and compliance requirements.)