Home Defense and Competitive Shooting Act of 2021

II 117TH CONGRESS 1ST SESSION S. 803 To amend the Internal Revenue Code of 1986 to remove short-barreled rifles from the definition of firearms for purposes of the National Fire- arms Act, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 17 (legislative day, MARCH 16), 2021 Mr. MARSHALL (for himself, Mrs. HYDE-SMITH, Mr. BRAUN, and Mr. HAWLEY) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to remove short-barreled rifles from the definition of firearms for purposes of the National Firearms Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Home Defense and 4 Competitive Shooting Act of 2021’’. 5 SEC. 2. SHORT-BARRELED RIFLES. 6 (a) IN GENERAL.—Section 5845(a) of the Internal 7 Revenue Code of 1986 is amended— 8 VerDate Sep 11 2014 22:33 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S803.IS S803 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 803 IS (1) by striking ‘‘(3) a rifle’’ and all that follows 1 through ‘‘(5) any other weapon’’ and inserting ‘‘(3) 2 any other weapon’’, and 3 (2) by redesignating paragraphs (6), (7), and 4 (8) as paragraphs (4), (5), and (6), respectively. 5 (b) EFFECTIVE DATE.—The amendment made by 6 this section shall apply to calendar quarters beginning 7 more than 90 days after the date of the enactment of this 8 Act. 9 SEC. 3. ELIMINATION OF DISPARATE TREATMENT OF 10 SHORT-BARRELED RIFLES USED FOR LAW- 11 FUL PURPOSES. 12 Section 922 of title 18, United States Code, is 13 amended in each of subsections (a)(4) and (b)(4) by strik- 14 ing ‘‘short-barreled shotgun, or short-barreled rifle’’ and 15 inserting ‘‘or short-barreled shotgun’’. 16 SEC. 4. TREATMENT OF SHORT-BARRELED RIFLES DETER- 17 MINED BY REFERENCE TO NATIONAL FIRE- 18 ARMS ACT. 19 Section 5841 of the Internal Revenue Code of 1986 20 is amended by adding at the end the following: 21 ‘‘(f) SHORT-BARRELED RIFLE REQUIREMENTS DE- 22 TERMINED BY REFERENCE.—In the case of any short-bar- 23 reled rifle registration or licensing requirement under 24 State or local law which is determined by reference to the 25 VerDate Sep 11 2014 22:33 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S803.IS S803 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 803 IS National Firearms Act, any person who acquires or pos- 1 sesses such a rifle in accordance with chapter 44 of title 2 18, United States Code, shall be treated as meeting any 3 such registration or licensing requirement with respect to 4 such rifle.’’. 5 SEC. 5. PREEMPTION OF CERTAIN STATE LAWS IN RELA- 6 TION TO SHORT-BARRELED RIFLES. 7 Section 927 of title 18, United States Code, is 8 amended by adding at the end the following: ‘‘Notwith- 9 standing the preceding sentence, a law of a State or a 10 political subdivision of a State that imposes a tax, other 11 than a generally applicable sales or use tax, on making, 12 transferring, using, possessing, or transporting a short- 13 barreled rifle in or affecting interstate or foreign com- 14 merce, or imposes a marking, recordkeeping or registra- 15 tion requirement with respect to such a rifle, shall have 16 no force or effect.’’. 17 SEC. 6. DESTRUCTION OF RECORDS. 18 (a) IN GENERAL.—Not later than 365 days after the 19 date of the enactment of this Act, the Attorney General 20 shall destroy any registration of an applicable rifle main- 21 tained in the National Firearms Registration and Trans- 22 fer Record pursuant to section 5841 of the Internal Rev- 23 enue Code of 1986, any application to transfer filed under 24 section 5812 of the Internal Revenue Code of 1986 that 25 VerDate Sep 11 2014 22:33 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S803.IS S803 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 803 IS identifies the transferee of an applicable rifle, and any ap- 1 plication to make filed under section 5822 of the Internal 2 Revenue Code of 1986 that identifies the maker of an ap- 3 plicable rifle. 4 (b) APPLICABLE RIFLE.—For purposes of this sec- 5 tion, the term ‘‘applicable rifle’’ means a rifle, or weapon 6 made from a rifle, described in paragraph (3) or (4) of 7 section 5845(a) of such Code (as in effect on the day be- 8 fore the enactment of the Home Defense and Competitive 9 Shooting Act of 2021). 10 Æ VerDate Sep 11 2014 22:33 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S803.IS S803 pbinns on DSKJLVW7X2PROD with BILLS