H.R. 3034: No Frivolous Application for Short-Barreled Shotguns Act

Summary of the Bill

The bill, known as the "No Frivolous Application for Short-Barreled Shotguns Act," seeks to amend the Internal Revenue Code to make significant changes regarding short-barreled shotguns. Below are the main provisions of the bill:

1. Definition Changes

The bill proposes to modify the definition of a short-barreled shotgun under the National Firearms Act (NFA). It would remove specific criteria that have classified certain shotguns as firearms, specifically:

• The criterion that a shotgun must have a barrel of less than 18 inches in length.
• The requirement that a weapon made from a shotgun must have an overall length of less than 26 inches or a barrel of less than 18 inches.

These changes are intended to remove short-barreled shotguns from the definition of firearms for regulatory purposes.

2. Treatment as Destructive Devices

The eligibility of short-barreled shotguns to be treated as destructive devices will also be adjusted. The bill aims to amend the definitions related to destructive devices to clarify that shotguns and shotgun shells are excluded unless they meet specific criteria of suitability for sporting purposes.

3. Removal of Disparate Treatment

The bill includes provisions to eliminate what it characterizes as disparate treatment of short-barreled shotguns under federal law. It removes references to short-barreled shotguns in specific sections of federal law that impose restrictions on possession and transfer.

4. Preemption of State Laws

Another critical aspect of the bill is the preemption of certain state laws concerning short-barreled shotguns. The bill proposes that states cannot impose:

• Taxes on the transfer, use, or possession of short-barreled shotguns that are not part of a generally applicable sales or use tax.
• Specific registration, marking, or recordkeeping requirements related to short-barreled shotguns when they are involved in interstate or foreign commerce.

5. Destruction of Records

Lastly, the bill mandates the Attorney General to destroy any existing registration records related to short-barreled shotguns within 365 days of the bill’s enactment. This includes:

• Registrations maintained in the National Firearms Registration and Transfer Record.
• Applications to transfer shotguns that identify the transferee.
• Applications that identify the maker of applicable shotguns.

The term "applicable shotgun" will refer to any shotgun that is affected by this bill as described in the amendments.

Relevant Companies

• None found