HR-3034-119
Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsored by Sheri Biggs (R-SC)
What it does
The NFA SBS Act would remove short-barreled shotguns (SBS) from the list of firearms regulated under the National Firearms Act (NFA). This would eliminate the $200 federal tax stamp, mandatory registration, and background check requirements that currently apply to SBS ownership and transfers. Owners and buyers of short-barreled shotguns would no longer need to go through the NFA approval process, which can take months.
Who benefits
Current and prospective owners of short-barreled shotguns who would no longer pay the $200 NFA tax or wait for federal approval. Firearms dealers and manufacturers who sell or produce short-barreled shotguns, who would see reduced regulatory burden and potentially increased sales volume. Gun trusts and attorneys who handle NFA transfers would lose business but individual buyers would benefit from lower costs and faster access. Rural residents and hunters who use short-barreled shotguns for home defense or field use in tight spaces.
Who is hurt
Federal revenue would decrease modestly from lost $200 tax stamp fees. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) would lose a regulatory tracking mechanism for this class of firearm. Law enforcement agencies that rely on the NFA registry to trace short-barreled shotguns used in crimes. Communities and advocacy groups that support stricter firearms regulation. Gun trust attorneys and NFA compliance specialists who derive income from the current registration process.
Supporters argue
Supporters argue that short-barreled shotguns are functionally similar to standard shotguns and that the NFA's original 1934 rationale — targeting weapons favored by organized crime — does not apply to this firearm class. They contend that the $200 tax, lengthy wait times (often 6–12 months), and registration requirements impose a significant burden on law-abiding gun owners without a demonstrated public safety benefit, since SBS are rarely used in crimes according to ATF trace data.
Opponents argue
Opponents argue that the NFA registration system provides law enforcement with a critical tracing tool and that removing SBS from its framework would eliminate a layer of vetting that screens out prohibited persons at the point of transfer. They contend that the concealable nature of short-barreled shotguns — the same characteristic that prompted their original NFA inclusion — still poses a public safety concern, and that deregulation would increase the number of these weapons in circulation without any federal oversight mechanism.
Constitutional context
The NFA's $200 tax has been upheld as a valid exercise of Congress's taxing power under Article I, §8. Removing a firearm class from the NFA touches the post-Bruen (2022) framework, under which any firearms regulation must be consistent with the historical tradition of firearms regulation — though this bill removes a restriction rather than adding one, making a constitutional challenge less likely from that direction.
Checks and balances
Congress would reduce ATF's regulatory authority over this firearm class; the executive branch retains enforcement power over remaining NFA categories; courts could review any challenges to the removal under the Commerce Clause or Second Amendment.
Historical precedent
The Firearm Owners Protection Act of 1986 removed machine guns manufactured after May 19, 1986 from civilian transfer eligibility — a partial NFA modification — and the Hearing Protection Act (proposed in multiple Congresses) has sought to similarly remove suppressors from NFA regulation, though it has not been enacted.