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How serious is SBR without tax stamp
|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 attorneys have over 40 years of combined experience, and we’ve represented clients in some of the most high-profile cases in the country – like Anna Delvey’s Netflix trial, the Ghislaine Maxwell juror misconduct case, and the Alec Baldwin stalking case. If you’re reading this, you’re probably facing NFA charges or worried about an unregistered short-barreled rifle.
Possessing an SBR without a tax stamp is a federal felony. You’re looking at up to 10 years in federal prison and fines up to $250,000. Real sentences depend on your criminal history and whether other crimes were involved, but the exposure is serious – and ATF is actively prosecuting these cases in 2025.
The Statutory Penalties Are Harsh
Under 26 U.S.C. § 5861, possessing an unregistered NFA firearm is a federal crime. The penalty statute – 26 U.S.C. § 5871 – says you face up to 10 years imprisonment and a fine of $250,000 for individuals.
That’s a felony conviction that strips your gun rights permanently, shows up on every background check, and limits employment for the rest of your life. Federal prosecutors charge these cases in districts across the country. The ATF’s National Firearms Act Handbook treats unregistered SBRs the same as unregistered machine guns or suppressors.
Real People Are Getting Prison Time
Philip Shearer – a 49-year-old Pennsylvania man – was sentenced in July 2025 to 115 months in federal prison for possessing an unregistered short-barreled rifle. That’s nearly 10 years. The Middle District of Pennsylvania press release said he pled guilty to one count of possession of an unregistered firearm.
Shearer had 14 prior convictions – five DUIs, indecent assault, domestic violence. His criminal history drove up the sentence, but even without those priors he was facing up to 10 years under the statute. The judge gave him nearly the maximum.
The ATF doesn’t mess around with NFA enforcement. They investigate, submit firearms to their Firearms & Ammunition Technology Division for technical examination, determine whether your rifle meets the SBR definition (barrel under 16 inches, overall length under 26 inches), and refer cases to federal prosecutors who file charges.
The Pistol Brace Controversy Shows Active Enforcement
In 2023, ATF issued a rule reclassifying pistols with stabilizing braces as short-barreled rifles. A federal judge in Texas later vacated that rule – meaning it was struck down and unenforceable. But even after the rule was vacated, ATF kept prosecuting people.
Taylor Taranto – a January 6 protestor who was later pardoned – got charged with illegal possession of an SBR under the NFA for having a CZ Scorpion pistol with a stabilizing brace attached. The government prosecuted him even though the pistol brace rule had been thrown out. The government’s position was that ATF still had authority to enforce the NFA itself.
Taranto’s attorney called that argument “truly astonishing” and “contradictory, unfair, and most importantly not legally sound.” In April 2025, DOJ dropped the NFA charge “in the interest of justice” after Trump took office. But the fact they prosecuted it after the rule was vacated shows how aggressive ATF enforcement can be.
The NRA-ILA reported in February 2025 that ATF was still determined to imprison Americans for braced pistols despite court rulings. If you think the government won’t charge you because some rule got vacated – you’re gambling with 10 years of your life.
How Federal Judges Actually Sentence NFA Cases
The maximum penalty is 10 years. Actual sentences depend on federal sentencing guidelines – which calculate a guideline range based on your offense level and criminal history category.
For a standalone NFA violation with no criminal history, you’re probably looking at 0-6 months under the guidelines. Judges can vary upward if there are aggravating factors – or downward if you cooperate, accept responsibility, or have compelling mitigation.
Most NFA cases don’t happen in a vacuum. Federal agents execute a search warrant for drugs, find the drugs and an unregistered SBR, and now you’re charged with drug trafficking and NFA violations. Or you’re a prohibited person (felon, domestic violence misdemeanant, drug user) and possessed an SBR – now you’ve got felon in possession charges and NFA charges stacked together.
If you’ve got a clean record and the only issue is the unregistered SBR – no drugs, no other guns, no prior felonies – you might get probation or a short sentence. But you’re still pleading guilty to a federal felony, still losing your gun rights. And if the judge thinks you were intentionally evading the law, you could see real prison time even without priors.
Shearer got 115 months because he had 14 priors and a home full of tactical gear that made him look like he was preparing for something. The judge didn’t see a guy who accidentally built an SBR – the judge saw a prohibited person stockpiling weapons.
What About the $200 Tax Stamp Being Eliminated?
Congress passed H.R.1 in 2025, signed into law July 4, 2025. Starting January 1, 2026, the $200 tax stamp for SBRs, suppressors, and other NFA items drops to $0. But you still have to register – still submit ATF forms, fingerprints, photos, and wait for approval.
And here’s the critical point – if you don’t register, you’re still committing a federal felony. The fee being $0 instead of $200 doesn’t change the fact that unregistered possession is illegal. Federal prosecutors will argue at sentencing that you had every opportunity to register for free and chose not to.
What to Do If You’re Charged or Under Investigation
Don’t talk to ATF agents without a lawyer. Don’t try to explain that you didn’t know, or that you thought pistol braces were legal. Anything you say will be used against you.
If agents show up with a search warrant, don’t consent to additional searches, don’t make statements. Politely say you want to speak with an attorney, then contact a federal criminal defense attorney immediately.
At Spodek Law Group, we’ve handled federal firearms cases across the country. We know the NFA statutes, the sentencing guidelines, and how federal prosecutors evaluate these cases. We know which arguments work – like negotiating with prosecutors before charges are filed, presenting mitigation evidence, and building a sentencing case that focuses on who you are, not just what you did.
If you’re already charged, your attorney needs to review ATF’s technical examination of your firearm, check whether agents followed proper procedures, and prepare for sentencing from day one. Sentencing mitigation in federal court takes months to develop properly.
We’ve represented clients in cases that made national news – Anna Delvey’s case resulted in a Netflix series, we handled the Ghislaine Maxwell juror misconduct case. Many of the cases we’re famous for handling – are cases that others say were unwinnable.
If you’re facing NFA charges or worried about an unregistered SBR, contact us for a consultation. We’re available 24/7, we handle cases nationwide, and we focus on getting you the best possible outcome. Don’t wait until after you’re indicted – early intervention often leads to better results.