Reconciliation Bill Ditches NFA Reforms

The Senate ditched a popular add-on to the proposed Reconciliation Bill that would remove a $200 tax on NFA items like suppressors.

Section 70436, previously nestled in H.R.1 as the “Elimination of Tax on Certain Devices Under the National Firearms Act,” is no longer mentioned after the bill was revised. Senate Budget Committee's ranking Democrat, Sen. Jeff Merkley, announced the change in a press release, stating that Senate Democrats are working hard to dismantle add-ons to the bill that "hurt Americans."

“We have been successful in removing parts of this bill that hurt families and workers, but the process is not over, and Democrats are continuing to make the case against every provision in this Big, Beautiful Betrayal of a bill that violates Senate rules,” Merkley said in a statement.

Democrats have steadily applied pressure to lawmakers to remove add-ons that target gun reform.

"Removing the regulatory structure for firearm silencers is thus not only dangerous but blatantly violative of the Byrd Rule," a letter from Democrats to Senate Committees reads. "Put simply, the provision represents a clear attempt to make a significant policy change to a century-old law and cannot be adopted through the reconciliation process on that basis alone."

The Byrd Rule is a portion of the Congressional Budget Act that prevents legislators from adding extra provisions into reconciliation bills to bypass the normal legislative process. It requires that reconciliation budgets focus solely on budgetary matters, not unrelated policies.

The Firearms Policy Coalition fired back at the announcement, calling it "disgraceful."

"It is utterly disgraceful and unacceptable that the Senate is allowing an unelected bureaucrat to stand between the American people and their constitutionally protected rights," the FPC said in a statement.

"Senators take an oath to uphold the Constitution, not to submit to the procedural gatekeeping of a Senate employee with a red pen and a power trip. Our rights should never be subject to the whims of anyone, let alone an unelected staffer behind closed doors."

The FPC has called on the senators to reject the bid to remove Section 70436 and continue on the path of eliminating the NFA tax.

Ending the Suppressor Tax - House Ways & Means Committee Proposal

Pending legislation in the U.S. House Ways and Means Committee could abolish the $200 tax stamp on suppressors while keeping the rest of the NFA requirements in place.

The reconciliation bill totals nearly 400 pages and features more than 150 separate sections with suggested reforms of the U.S. tax code.

One of those sections targets the National Firearms Act -- specifically the $200 tax stamp required to own a suppressor -- removing that tax.

However, the rest of the NFA requirements would remain in place, meaning that gun owners would still need to undergo the enhanced background check, registration, and paperwork associated with buying or transferring a suppressor.

It is also important to note that gun owners building their own suppressors would still be subject to the $200 fee via Form 1.

House Ways and Means Chairman Jason Smith (MO-08) said the reconciliation bill will ultimately help Americans.

"It puts the interests of low-income, working families ahead of the wealthy by expanding tax relief to those who need it the most, including the President’s priorities of no tax on tips and overtime pay and additional relief for America’s seniors,” Smith said, addressing the sweeping reform.

“This bill delivers on what Americans voted for with President Trump’s promise to put America First – with tax policies that reward hard work, bring jobs back home, increase opportunity, and rebuild the economy for the working class.”

Though a small win for suppressor advocates, some activists say the bill doesn’t go far enough.

"This isn’t a compromise, it’s a betrayal," Erich Pratt, Senior Vice President of Gun Owners of America, said in a statement.

"The House Ways and Means Committee chose to leave unconstitutional registration and taxes in place even though they had a clear path to repeal them. GOA made it crystal clear that full deregulation of suppressors and protection for brace owners was achievable under reconciliation. Lawmakers knew it, and they chose political convenience over principle. Gun owners won’t forget this."

GOA said the only path forward is to dismantle the NFA.

The National Firearms Act became law in 1934 and covered a variety of items, including silencers. It required enhanced backgrounds and a $200 fee. The NFA was updated in 1986 with the Firearm Owners’ Protection Act, which amended the NFA and expanded the definition of silencer to include silencer parts and other items intended to be used to assemble or create a silencer.

Suppressor advocates like the American Suppressor Association have long called for the complete removal of suppressors from the NFA, arguing that suppressors not only protect hearing but also make shooting sports more accessible.

ASA is encouraging suppressor owners to contact the U.S. House Ways and Means Committee and ask them to add Section 2 of the Hearing Protection Act to the tax reform -- effectively removing suppressors from under the purview of the NFA.

“Every law-abiding American should have the right to protect their hearing while exercising their inalienable Second Amendment rights without having to pay a $200 tax,” the ASA said in a statement.  

“The American Suppressor Association needs your help to make sure members of Congress and the House Ways & Means Committee know that millions of law-abiding gun owners expect them to remove suppressors entirely from the NFA by including Section 2 of the Hearing Protection Act in reconciliation. Every call and email counts, so make your voice heard today!”

Do you own a suppressor? Let us know in the comments below. For more on what’s happening in the gun world, check out our News Category.

Additional Resources

• Byrd Rule
• Letter from Democrats
• Sen. Jeff Merkley Statement
• Understanding the National Firearms Act
• FOPA: Understanding the Firearms Owners' Protection Act
• How to Complete ATF eForms for NFA Items
• ATF Forms Explained: A Guide to Common Form Types
• SHUSH Act
• Best AR-15 Suppressors
• Best 9mm & .45 ACP Suppressors
• Best .30 Cal Suppressors
• Best Suppressor Covers
• Gun Owners of America
• U.S. House Ways and Means Committee
• American Suppressor Association
• Bureau of Alcohol, Tobacco, Firearms and Explosives: NFA