NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is short barrel rifle charges
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience handling federal firearms cases. If you’re reading this, you’ve likely been charged with an NFA violation – or ATF just seized your firearm. These cases are serious. We’ve handled high-profile federal prosecutions, like the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct case, and many firearms violations that other attorneys said were unwinnable.
This article explains what short barrel rifle charges are under federal law, the penalties you’re facing, and what ATF’s recent pistol brace rule means for your case in 2025.
What Makes a Rifle “Short Barreled” Under Federal Law
The National Firearms Act defines a short barrel rifle – that’s any rifle with a barrel under 16 inches in length. Or any weapon made from a rifle if the overall length is less than 26 inches. Both measurements matter.
You can have a 15-inch barrel and still avoid SBR classification if the overall length exceeds 26 inches. You can also have a 17-inch barrel but get charged if someone shortened the stock to drop overall length below 26 inches. ATF measures both, and if either measurement fails the test, you’re looking at federal charges.
Most people charged with SBR violations didn’t set out to break the law. They bought what they thought was a pistol, added an accessory, modified a rifle for home defense, or built an AR from parts without understanding the rules. Federal prosecutors don’t care about your intent – possession of an unregistered SBR is a strict liability offense under 26 USC § 5861.
The Actual Federal Penalties You’re Facing
Violating 26 USC § 5861 by possessing an unregistered short barrel rifle carries a statutory maximum of 10 years in federal prison. The fine is up to $250,000 for individuals, $500,000 for organizations. ATF will also seize and forfeit your firearm – you’re not getting it back.
These aren’t just numbers on paper. Federal prosecutors pursue SBR cases aggressively, particularly when the weapon was used in another crime or when the defendant has a prior record. We’ve seen clients facing 5-7 year sentencing recommendations for simple possession cases where the barrel was a half-inch too short.
The collateral consequences matter more than people realize. A federal firearms conviction means you lose gun rights permanently. You can’t own, possess, or be around firearms again. If your job involves security, law enforcement, or military service – it’s over. State charges can also stack on top of federal charges in some jurisdictions.
The Pistol Brace Controversy and What It Means in 2025
On January 31, 2023, ATF published a rule that reclassified pistols with stabilizing braces as short barrel rifles subject to NFA registration. Millions of gun owners who legally owned AR pistols with braces suddenly faced federal felony charges.
Federal courts struck down that rule. The Eighth Circuit and Texas federal courts called it “arbitrary and capricious” in 2024. The Trump administration’s DOJ dismissed its appeal in Mock v. Bondi on July 17, 2025 – the pistol brace rule is dead.
But here’s what prosecutors won’t tell you – ATF is still pursuing some cases using the underlying NFA statute even after the rule died. Taylor Taranto was charged with illegal SBR possession for having a CZ Scorpion pistol with an SB Tactical brace. ATF’s Firearms & Ammunition Technology Division examined the weapon and classified it as an SBR based on factors like weight, length, and design – not the now-vacated rule.
That means even though the brace rule is gone, ATF can still argue your braced pistol is “designed or redesigned, made or remade, and intended to be fired from the shoulder” under the original NFA definition. They look at the brace model, your specific firearm configuration, whether you posted photos shouldering it online, and whether the overall weapon characteristics suggest rifle use.
Common SBR Cases We Defend
The most common scenario – someone builds an AR pistol, adds a brace, then later adds a vertical foregrip or other accessories that push it into SBR territory. Federal law says adding a vertical foregrip to a pistol with a barrel under 16 inches creates an “any other weapon” or an SBR depending on configuration. People don’t know this until ATF shows up.
Home builds from 80% lowers are another major category. You buy an incomplete receiver, finish it yourself, add a short barrel and a stock – now you’ve manufactured an unregistered SBR. ATF doesn’t care that you built it for personal use and never intended to sell it. Manufacturing an NFA firearm without registration is a 10-year felony under 26 USC § 5861(f).
We also see cases where people inherit firearms. Your grandfather dies, you find a short-barreled rifle in the closet, you assume it’s legal. Turns out it was never registered – strict liability applies even though you had no idea.
Traffic stops produce many arrests. You get pulled over with an AR pistol in the truck, consent to search because you think it’s legal. Officer measures the barrel at 14 inches, arrests you for SBR possession. By the time you’re posting bond, ATF has opened a federal case.
What You Should Do If You’re Charged
Don’t talk to ATF without an attorney – ever. Agents will tell you this is just a paperwork issue, you can clear it up by explaining how you acquired the firearm, they just need a statement. That statement becomes evidence. We’ve seen cases where a single interview with ATF turned a borderline possession charge into a manufacturing and dealing case because the defendant admitted building multiple firearms.
Don’t consent to searches. If ATF shows up with a search warrant, don’t resist – but don’t help them either. Don’t show them where other firearms are stored, don’t explain your collection. Exercise your right to remain silent and contact an attorney immediately.
Don’t destroy evidence or modify the firearm after you realize there’s a problem. That’s destruction of evidence and obstruction – separate federal felonies that carry additional prison time.
If you still have possession, photograph and document the firearm’s configuration. Measure barrel length from the closed bolt face to the end of the barrel – not including muzzle devices unless permanently attached. If measurements are close to legal limits, small differences in methodology can determine whether you have a legal firearm or a federal felony. We bring in expert witnesses who challenge ATF’s measurement techniques.
At Spodek Law Group – we’ve handled federal firearms cases for many, many, years. We know how ATF builds these cases, what evidence prosecutors rely on, and what defenses actually work in federal court. Many of the firearms cases we’re famous for handling – are cases that other attorneys said couldn’t be won.
Our managing partner, Todd Spodek, is a second-generation criminal defense attorney who understands that federal gun charges destroy lives. Unlike other law firms who focus on maintaining relationships with prosecutors, our only loyalty is to you. We fight to get charges dismissed, negotiate to avoid prison time, and when necessary – we take your case to trial.
If you’re facing SBR charges or ATF has contacted you about a potential NFA violation, call us immediately. These cases move quickly, and early intervention makes the difference between a felony conviction and a favorable resolution. We’re available 24/7 with offices throughout NYC and representation nationwide. The worst thing you can do is wait and hope this goes away. It won’t.