NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to prison for short barrel shotgun
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – who has many, many, years of experience handling federal firearms cases. Our team has over 40 years of combined experience, and we’ve handled cases that made national headlines – like representing Anna Delvey in the Netflix series, the Ghislaine Maxwell juror misconduct case, and the Alec Baldwin stalking case. If you’re facing charges for possessing a short barrel shotgun, you need to understand exactly what you’re up against.
Yes – you can absolutely go to prison for possessing a short barrel shotgun. Federal law treats unregistered short barrel shotguns as serious criminal offenses under the National Firearms Act. You’re looking at up to 10 years in federal prison and fines up to $250,000. That’s the reality, that’s what the statute says, and federal prosecutors don’t mess around with NFA violations.
This article explains when short barrel shotguns trigger federal prosecution, what penalties you actually face, how federal judges sentence these cases in 2025, and what defense strategies exist when the government charges you with NFA violations.
What Makes a Shotgun “Short Barrel” Under Federal Law
The ATF defines a short barrel shotgun as any shotgun with a barrel less than 18 inches long – or any weapon made from a shotgun with an overall length less than 26 inches. Those measurements matter. If your shotgun barrel measures 17.5 inches, you’re in federal territory. If the overall length is 25 inches, same problem.
Federal agents use precise measuring tools. They measure from the closed bolt to the end of the barrel. They don’t round up, they don’t give you the benefit of the doubt. A quarter inch short puts you in violation of 26 USC 5861.
The National Firearms Act covers these weapons alongside machine guns, silencers, and destructive devices. Congress decided in 1934 that short barrel shotguns – along with sawed-off rifles – were too dangerous for unregulated possession. The law hasn’t changed much since then, the penalties got worse.
Federal Prison Time for Unregistered Short Barrel Shotguns
Possessing an unregistered short barrel shotgun violates 26 USC 5861(d). The maximum penalty is 10 years in federal prison and a $250,000 fine for individuals – or $500,000 for organizations. That’s what the statute allows judges to impose.
Actual sentences depend on the federal sentencing guidelines. Federal judges use United States Sentencing Guidelines section 2K2.1 to calculate your sentencing range. Your base offense level starts at different points depending on your criminal history and whether you used the firearm in another crime.
A defendant with no prior criminal record possessing just the short barrel shotgun typically faces a lower guideline range – maybe 6 to 12 months. But that calculation changes fast. If you’ve got felony convictions on your record, the base offense level jumps. If federal agents found the short barrel shotgun during a drug investigation, prosecutors will stack charges. Using that shotgun during a drug trafficking offense triggers 924(c) mandatory minimums on top of the NFA violation.
Federal judges sentence based on the guideline range, but they’re not bound by it after United States v. Booker. Judges can vary upward or downward. In NFA cases, judges often impose sentences within the guideline range because they view unregistered weapons as serious public safety threats.
Most defendants who get caught with short barrel shotguns don’t get probation. Federal prosecutors argue – and judges tend to agree – that possessing illegal weapons requires imprisonment to protect the community and deter others.
Registration Requirements and Why People Get Charged
You can legally own a short barrel shotgun if you register it properly with the Bureau of Alcohol, Tobacco, Firearms and Explosives. The process involves filing ATF Form 1 if you’re making one, or Form 4 if you’re transferring one. You submit fingerprints, photographs, pay the tax – which changes in 2026 – and wait for approval.
Until January 1, 2026, that registration requires a $200 tax stamp. After that date, the One Big Beautiful Bill Act eliminates the tax stamp fee for short barrel shotguns, short barrel rifles, suppressors, and AOWs. But – and this matters – the registration requirement stays in place. You still file the forms, you still submit fingerprints and photos, you just don’t pay the $200 anymore.
Federal prosecutors charge NFA violations when defendants possess unregistered weapons. The most common scenarios: ATF agents execute a search warrant at your home for unrelated reasons and find a short barrel shotgun in your closet with no registration paperwork. Or local police arrest you, find the weapon in your vehicle, and call ATF. Or someone manufactures a short barrel shotgun without filing Form 1 first – which is exactly backwards from how the law requires it.
You cannot manufacture or assemble a short barrel shotgun until ATF approves your Form 1 and you receive the tax stamp. Doing it before approval places you in violation of federal law immediately. We’ve seen defendants who thought they could build first and register later – they’re wrong, and they end up facing federal charges.
State Charges Stack on Top of Federal Charges
Many states have their own short barrel shotgun laws. Florida treats possession as a second-degree felony punishable by up to 15 years in state prison and a $10,000 fine. Other states have similar provisions. You can face both state and federal prosecution for the same weapon.
Federal prosecutors typically take these cases when they involve interstate commerce, when defendants have serious criminal histories, or when the weapon connects to other federal investigations like drug trafficking or firearms dealing. State prosecutors handle cases involving state-only violations or less serious offenders.
Sometimes federal and state prosecutors coordinate. They decide who takes the case based on which jurisdiction offers tougher penalties or better evidence. If you’re charged in state court first, federal prosecutors can still indict you later – double jeopardy doesn’t apply between state and federal systems.
Texas recently considered legislation to ease state restrictions on short barrel firearms. Senate Bill 1596 cleared committee in 2025 and could take effect September 1, 2025 if passed. But even if Texas or other states loosen their laws, federal law still applies. Possessing an unregistered short barrel shotgun remains a federal felony regardless of what your state allows.
How Federal Prosecutors Prove These Cases
The government must prove three elements beyond a reasonable doubt: you possessed the firearm, the firearm meets the legal definition of a short barrel shotgun, and the firearm wasn’t registered in the National Firearms Registration and Transfer Record.
Possession gets proven through where agents found the weapon. In your home, in your car, in a storage unit you rent – prosecutors argue you exercised control over the location and therefore possessed the weapon. They don’t need to prove you were holding it when agents arrived.
The barrel length and overall length get proven through ATF measurements. Agents photograph the weapon, measure it with calibrated tools, and an ATF examiner testifies about the measurements at trial. These measurements are hard to challenge because ATF examiners are experienced and their tools are accurate.
The lack of registration gets proven through ATF database searches. Federal agents check whether the weapon appears in the National Firearms Registration and Transfer Record. If it’s not there, that element is satisfied. The government doesn’t need to prove you knew about the registration requirement – though knowledge of possession is required.
Defense Strategies When You’re Charged
Challenging the search that led to finding the weapon is often the strongest defense. If federal agents violated the Fourth Amendment when they searched your home or vehicle, the weapon gets suppressed and the case typically gets dismissed. We file motions to suppress evidence based on illegal searches, lack of probable cause, or warrant defects.
Lack of knowledge about the weapon can be a defense in some circumstances. If someone else placed the short barrel shotgun in your home without your knowledge, you didn’t possess it under the law. This defense requires credible evidence – usually testimony or physical proof that someone else had access and motive to hide it there.
Measurement disputes occasionally work when the weapon measures very close to the legal minimum. If the barrel is 17.9 inches and your expert measures it at 18.1 inches, you’ve got an argument. But ATF measurements are presumed accurate, so you need a qualified expert and solid methodology to challenge them.
Negotiating with prosecutors for reduced charges or cooperation credit offers practical benefits in many cases. Federal prosecutors sometimes agree to reduce NFA charges to lesser firearms offenses in exchange for guilty pleas – particularly when defendants have minimal criminal history and the weapon wasn’t used in another crime. Substantial assistance under 5K1.1 can reduce your sentence if you provide useful information to investigators.
Our approach involves investigating every aspect of how federal agents found the weapon and what they did with it. We challenge the search, we challenge the measurements if appropriate, we negotiate when that serves your interests better than trial. Unlike other attorneys who maintain relationships with prosecutors, our loyalty is to you – not to making the government’s job easier.
What Happens After Conviction
Beyond prison time, an NFA conviction means you lose your right to possess any firearms in the future. Federal law prohibits convicted felons from owning guns. The weapons involved in your case get forfeited – the government destroys them.
You’ll serve at least 85% of your federal sentence. Federal parole doesn’t exist anymore. If the judge sentences you to 24 months, you serve approximately 20 months before release to supervised release. That supervised release typically lasts 3 years and includes conditions like drug testing, employment requirements, and restrictions on where you can live.
A federal felony conviction affects employment, housing, voting rights, and your ability to get professional licenses. The collateral consequences last long after you finish your prison sentence.