NFA SBS Act
- Sponsor
- Rep. Biggs, Sheri [R-SC-3]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 28, 2025
Bottom line
This bill federally deregulates short-barreled shotguns, removing them from NFA restrictions, preempting related state-level controls, and mandating the destruction of existing federal registration records.
What it actually does
This bill amends the Internal Revenue Code of 1986 and Title 18 of the U.S. Code to remove short-barreled shotguns from the definition of 'firearms' under the National Firearms Act (NFA), thereby deregulating them at the federal level. It also preempts state and local laws that impose NFA-like taxes, marking, recordkeeping, or registration requirements on short-barreled shotguns, and mandates the destruction of existing federal registration records for these firearms.
Proponents argue
Supporters argue that the bill restores Second Amendment rights by eliminating arbitrary and burdensome federal regulations on short-barreled shotguns, which they contend are not inherently more dangerous than other legal firearms. They believe it corrects an outdated classification and reduces unnecessary government intrusion into lawful firearm ownership.
Opponents contend
Opponents contend that deregulating short-barreled shotguns increases public safety risks by making these easily concealable weapons more accessible, potentially leading to an increase in gun violence. They argue it undermines existing federal gun control efforts and removes a crucial tool for law enforcement to track firearms.
The bill is concise and clearly written, allowing an informed reader to understand its core provisions and implications quickly.
Section 2(a)
Removal of Short-Barreled Shotguns from National Firearms Act Definition
This provision amends Section 5845(a) of the Internal Revenue Code of 1986 to strike specific language that defines 'shotgun having a barrel or barrels of less than 18 inches in length' and 'a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length' as 'firearms' under the National Firearms Act (NFA). This change means short-barreled shotguns would no longer be subject to the NFA's stringent registration, taxation, and transfer requirements.
Supporters argue
Proponents argue that this provision corrects an arbitrary classification that has unduly burdened lawful gun owners, asserting that barrel length does not inherently make a shotgun more dangerous for legitimate use. They contend it aligns federal law with Second Amendment principles.
Critics contend
Opponents argue that removing short-barreled shotguns from NFA regulation increases public safety risks, as these weapons are often favored for their concealability and ease of maneuverability in criminal contexts. They assert that the NFA's original intent was to regulate such weapons for public safety.
Tradeoffs
The provision balances the individual liberty and Second Amendment rights of firearm owners against public safety concerns and law enforcement's ability to track certain types of firearms.
Section 2(b)
Shotguns Not Treated as Destructive Devices
This provision amends Section 5845(f) of the Internal Revenue Code to explicitly exclude 'shotgun shells and any weapon that is designed to shoot shotgun shells' from the definition of 'destructive device' under the NFA. This technical clarification ensures that shotguns, regardless of their configuration, cannot be classified as destructive devices, further solidifying their removal from NFA oversight.
Section 3
Elimination of Disparate Treatment of Short-Barreled Shotguns Under Federal Firearms Laws
This section amends subsections (a)(4) and (b)(4) of Section 922 of Title 18, United States Code, by striking 'short-barreled shotgun,' from provisions that impose specific restrictions on the transfer or sale of certain firearms. This means short-barreled shotguns would no longer be subject to these particular federal restrictions that apply to other NFA firearms, effectively treating them like standard shotguns under federal law.
Section 4
Federal Preemption for State/Local NFA Reference Laws
This section adds a new subsection (f) to Section 5841 of the Internal Revenue Code, stipulating that if a state or local law requires registration or licensing of short-barreled shotguns by referencing the National Firearms Act, any person who acquires or possesses such a shotgun in accordance with Chapter 44 of Title 18 (the Gun Control Act of 1968) will be considered compliant. This effectively preempts state and local NFA-based registration or licensing requirements for short-barreled shotguns.
Section 5
Direct Preemption of State/Local SBS Taxes and Registration
This section amends Section 927 of Title 18, United States Code, to explicitly state that any state or local law imposing a tax (other than a generally applicable sales or use tax), or a marking, recordkeeping, or registration requirement with respect to a short-barreled shotgun, 'shall have no force or effect.' This is a direct and broad preemption of state and local laws that seek to regulate short-barreled shotguns in ways similar to the NFA.
Section 6
Destruction of Federal Short-Barreled Shotgun Records
This section mandates that the Attorney General destroy all federal registration records for 'applicable shotguns' (defined as short-barreled shotguns and shotguns previously treated as destructive devices under the old law) within 365 days of the Act's enactment. This includes records maintained in the National Firearms Registration and Transfer Record and related applications for transfer or making of such shotguns.
Establishes the effective date for the amendments made by Section 2, specifying that they apply to calendar quarters beginning more than 90 days after the date of enactment.
Section 2(c)
Why it matters:Standard legislative practice to provide a clear transition period for new laws to take effect, allowing agencies and affected parties time to adjust.
Case for: Provides a reasonable grace period for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to implement the changes, cease NFA processing for short-barreled shotguns, and for firearm owners and dealers to understand the new regulatory landscape.
Case against: No specific opposition is typically raised against standard effective date provisions, as they are procedural necessities.
Estimated impact: Ensures an orderly transition period for the deregulation of short-barreled shotguns, impacting administrative processes and individual compliance timelines.