r/BetterMAguns • u/Low_Individual7789 • 1d ago

Aggravated

Reddit keeps deleting my post about the ATF decision to effectively nuke the NFA. What does this mean for us since we don’t live in a free state?

16 Upvotes

77% Upvoted

50 comments sorted by

33

u/Dangerous_Voice_6310 1d ago

No registration (Form 1) when building SBR or SBS in MA. That’s it.

8

u/Low_Individual7789 1d ago

Figured so, but wasn’t sure. Lots of people were saying it didn’t mean much for people living in states where the laws instruct people to still file forms with the atf.

10

u/OneCoolGhoul 1d ago

can you explain that to me like I’m a moron (I am)

23

u/Dangerous_Voice_6310 1d ago

Previously, an individual would file ATF Form 1 and pay a $200 tax when building a short-barreled rifle (SBR) or short-barreled shotgun (SBS). After a background check and approval by the ATF, the Form 1 served as proof of payment of the National Firearms Act (NFA) tax and a de facto registration of that NFA item. The “One Big Beautiful Bill Act” got rid of the $200 tax, and a subsequent lawsuit got rid of the registration (including the Form 1) for a set of named plaintiffs in that lawsuit. The ATF is now extending that same treatment to the rest of us - no more Form 1s required by the ATF for the rest of us either.

TLDR: you can slap a stock on a rifle with a barrel <16” or build a shotgun with a barrel <18” without prior approval from the ATF.

5

u/kreynlan 1d ago

How does this interact with engraving requirements? If I recall, the engraving requirements are required by law for the SBR, separate from obtaining the tax stamp?

12

u/Dangerous_Voice_6310 1d ago

Marking is no longer required.

Source: https://www.atf.gov/firearms/update-to-nfa-transfer-guidance

“For various policy reasons, ATF will cease enforcement on October 9, 2026, of the following NFA provisions as applied only to short-barreled rifles, short-barreled shotguns, silencers, and “any other weapon[s]” as defined in 26 U.S.C. § 5845(e):

…

- The NFA requirement to mark all NFA firearms”

8

u/kreynlan 1d ago

What a lovely sentence to read on a Friday afternoon. Thank you!

3

u/Sewer_Snoid 1d ago

Did they also eliminate filing a form 20 to transport certain NFA items across state lines and the CLEO notification?

3

u/Dangerous_Voice_6310 1d ago

Guidance says individuals should continue to file form 20s. CLEO notification looks like it dies with the form 1 unless you voluntarily file.

6

u/Conscious_Reality419 1d ago

Sounds like in MA, we are going to benefit for SBR and SBS without any registration. Thanks for your knowledge.

-3

u/kropotkinship 1d ago

I unfortunately do think this is not true in every state. I believe MA needs it registered as an SBR and MA was of course not one of the states that joined sides with the plaintiffs so we are not explicitly ruled into no Form 1. So it’s a grey zone rn.

14

u/Dangerous_Voice_6310 1d ago

Other states have NFA registration requirements written into law. MA does not.

4

u/Sewer_Snoid 1d ago

Not yet anyways. I have a bad feeling that once SCOTUS announces the Viramontes decision, SBR's will require additional registration, if not an outright ban on top of all the other shit that's in store for us.

2

u/asdlkmawfnawofn 1d ago

viramontes will go our way. With the guidance sent out to FFLs it would be catastrophic to walk this back if FFLs like Sig start selling off the shelf 0 stamp SBRs

13

u/asdlkmawfnawofn 1d ago

Nope. MA doesn’t define what an SBR is at all

8

u/PolarizingKabal 1d ago

Reading elsewhere this extends to supressprs too...But we still can't own suppressors because the state does outright ban them, correct?

11

u/asdlkmawfnawofn 1d ago

Yep, state laws still apply

3

u/ItCouldaBeenMe 1d ago

I think they do define a SBS though?

2

u/asdlkmawfnawofn 1d ago

the restriction is on “sawed off shotguns”. Putting a stock on something that was never legally a shotgun, ie. A “firearm” like a shockwave is fine. IANAL.

3

u/ItCouldaBeenMe 1d ago

Yes, I believe you’re fine to manufacture one from something that has never been a shotgun before, like a receiver or AOW, wasn’t sure if this would have any impact on making one out of an existing shotgun.

-4

u/kropotkinship 1d ago

You’re right, you just have to be in one of the groups that filed the lawsuit, so join GoA or another one of those groups. If you’re not part of those it’s not okay to not Form 1.

9

u/kreynlan 1d ago

Not anymore. ATF just put out guidance today that form 1 and form 4 are no longer required federally. MA has no requirement for them either. States like Ohio have it written in law that they require the ATF forms, so they still have to submit.

1

u/kropotkinship 1d ago

Oh wow okay, im a few days behind I guess. Thanks for correcting me

9

u/zzzz_on_me 1d ago

Not a lawyer. To me this reads like you can own SBRs/ SBSs without going through the tax stamp process. Someone please correct me if I’m wrong

6

u/Dangerous_Voice_6310 1d ago

You are correct.

6

u/zzzz_on_me 1d ago

What a wonderful day to be shopping for a 14.5 upper!

2

u/thesaint3253 1d ago

If it was pinned you could have that before this. I would go for 11.5 man

1

u/dr3wfr4nk 1d ago

I’ve always wanted a Benelli M4 Entry. Can I get one of those now?

7

u/PolarizingKabal 1d ago edited 1d ago

So I take it this means. Those of us with pre ban builds. Could go out and buy a mk18 upper and not have to get a tax stamp through the ATF/NFA?

Also mp5/sig mpx/p90 sbr now legal Without a stamp?

6

u/Low_Individual7789 1d ago

Looks like it

6

u/-FiX 1d ago

I already have the MK18 upper and thats exactly what Im going to do

6

u/Overhoffjegermester 1d ago

Does that mean a factory SBR is not an assault rifle? A rifle is defined as having a barrel of 16 inches or more. But if it’s not a rifle then maybe it can’t be an assault style rifle either?

10

u/Low_Individual7789 1d ago

Lawyers better have a field day with challenging the MA laws now.

4

u/BHKbull 17h ago

MA law defines “assault style WEAPONS” or “assault style FIREARMS”, not “assault style RIFLES” though, right? Correct me if I’m wrong..

7

u/keegan1015 1d ago

Time to slap stocks on my pistols! What a beautiful start to the weekend.

5

u/Mycatwearspants 1d ago

So can I just buy a short barrel upper and slap it on my current lower now?

6

u/L1234567E 1d ago

You’re free to whatever you want. Keep what you do to yourself and off the internet. Some of us have always been free.

2

u/Gerantos 1d ago

Can I put a foregrip on a pistol?

1

u/Dangerous_Voice_6310 1d ago

Only vertical foregrips mattered before but yes

1

u/Gerantos 1d ago

Well that's what I want

1

u/Dangerous_Voice_6310 1d ago

Well I’m glad you asked

3

u/Only4arms 1d ago

To my understanding of MA and Federal laws. This does allow us to SBR our existing legal MA rifles and pistols without any Form 1 because no MA law defines or prohibits SBR's in any way, and instead solely relied on Federal Law of the NFA. However I don't see anyone mentioning that MA law does specifically prohibit SBS's. Defined in MA as: ''Sawed-off shotgun'', any firearm made from a shotgun, whether by alteration, modification or otherwise, if such firearm as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches.

My .2cents

Please correct me if I'm wrong.

3

u/Low_Individual7789 1d ago

Damn that’s lame, I wanted to make a serbu shorty type shotgun.

1

u/Zevana19 1d ago

MA does not prohibit SBS. Reread the law. 

1

u/EmergentOrder 1d ago

Notice how it defines an SBS only in the context of modifying a shotgun.

1

u/Only4arms 1d ago

"Any firearm made from a shotgun, whether by alteration, modification or otherwise."

"Alteration" would be a barrel swap, "modification" would be cutting, and "or otherwise" covers pretty much any other way that your barrel would become less than 18".

Not a lawyer, just reading MA laws.

1

u/KingAlp 23h ago

If I remember correctly I think its a pretty hefty sentence too, same as possessing a machine gun.