S. 1162 — SHORT Act

This section revises the definition of "firearm" under the National Firearms Act (NFA)—which regulates certain weapons through registration and a $200 transfer tax—by (1) removing short-barreled shotguns (i.e., barrel less than 18 inches), short-barreled rifles (i.e., barrel less than 16 inches), weapons made from them (i.e., overall length less than 26 inches), and any other weapons (i.e., concealable weapons capable of firing a shot via explosive energy, as defined in 26 U.S.C. 5845(e)); and (2) redesignating machineguns, silencers, and destructive devices as the sole remaining firearm categories. It further excludes all weapons designed to shoot shotgun shells from the destructive device definition (previously limited to those the Secretary finds suitable for sporting purposes) and strikes the $5 transfer tax on any other weapons (previously applicable under 26 U.S.C. 5811(a)). (Thus, short-barreled shotguns and rifles, along with any other weapons, are no longer regulated under the NFA.) The changes apply to calendar quarters beginning more than 90 days after enactment.

This section eliminates from 18 U.S.C. 922(a)(4) and (b)(4) the prohibitions on (1) unlicensed persons transporting into or receiving in their state of residence any short-barreled rifle or short-barreled shotgun purchased out-of-state and (2) licensed importers, manufacturers, or dealers selling or delivering any such firearms. (Short-barreled rifles and short-barreled shotguns—defined in the National Firearms Act as having barrels less than 16 inches and 18 inches, respectively—remain subject to federal registration, $200 transfer tax, and other requirements under that Act.)

This section establishes that compliance with federal law under 18 U.S.C. chapter 44 satisfies any state or local registration or licensing requirement—for short-barreled rifles, short-barreled shotguns, or any other weapons (as defined in 26 U.S.C. §5845(e))—that is determined by reference to the National Firearms Act. (As background, these are firearms regulated under the NFA requiring ATF registration and a $200 transfer tax; thus, NFA-compliant owners meet such state or local requirements without additional action.)

This section amends the general non-preemption provision in 18 U.S.C. § 927 (applicable to federal firearms laws) by designating the existing text as subsection (a) and adding subsection (b) to preempt any state or local law imposing a tax—other than a generally applicable sales or use tax—on the making, transferring, using, possessing, or transporting of a short-barreled rifle, short-barreled shotgun, or other weapon (as defined in 26 U.S.C. § 5845, i.e., National Firearms Act-regulated items), or any marking, recordkeeping, or registration requirement for such items, if in or affecting interstate or foreign commerce. (Thus, such preempted state or local laws have no force or effect.)

This section requires the Attorney General to destroy, not later than 365 days after enactment, (1) registrations of applicable weapons in the National Firearms Registration and Transfer Record (NFRTR), (2) transfer applications identifying transferees of applicable weapons, and (3) manufacturing applications identifying makers of applicable weapons. Applicable weapons include rifles or weapons made from rifles described in former 26 U.S.C. §5845(a)(3)-(4) (i.e., short-barreled rifles), shotguns described in former §5845(a)(1)-(2) (i.e., short-barreled shotguns) or formerly treated as destructive devices under former §5845(f) but not thereafter, and any other weapons as defined in §5845(e). (As background, the NFRTR is the Bureau of Alcohol, Tobacco, Firearms and Explosives' registry of firearms regulated under the National Firearms Act; thus, this eliminates federal registration records for these weapons.)