GOP House Members Fail to Remove Suppressors From The National Firearms Act

Hearing Protection Act
Hearing Protection Act

The House Ways and Means Committee released a markup that included a version of the Hearing Protection Act (HPA).

Gun Owners hoped that the Committee would have removed suppressors from the National Firearms Act of 1934 (NFA), but to their dismay, suppressors were not removed. The HPA goal was to remove suppressors from the NFA, but the competing version of the HPA, led by Representative David Kustoff, that would have lowered the tax stamp fee to $5 was also floated. It seems a compromise was reached, which would drop the tax fee to $0 for a transfer of a suppressor but still require registration with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) under the NFA.

To many gun owners, this is yet another example of Republicans seizing defeat out of the jaws of victory.

DD Reduction of Excise Tax on Firearms Silencers Screengrab page 369
DD Reduction of Excise Tax on Firearms Silencers Screengrab page 369

Rep. Kustoff claims that Senate rules would prevent suppressors from being removed from the NFA.

AmmoLand News reached out to several Senators who disputed the claim. AmmoLand News was also told by members of the Senate that even if that was the case, it could have been “fixed” in the Senate. AmmoLand News inquired who lobbied Kustoff’s office to keep suppressors in the NFA, but our question on lobbying efforts remained unanswered.

“I am a Pro-Gun Republican to my core. I have an ‘A+ Rating’ with the NSSF and an ‘A Rating’ with the NRA. At every turn, I’m going to fight for the 2nd Amendment rights of gun owners across America,” Rep. Kustoff told AmmoLand News.

“During this next legislative battle, there are 2nd Amendment reforms to be made regarding suppressors. Unfortunately, the rules of the United States Senate cause serious obstacles to repealing suppressors from the NFA. Given the risk of the Senate failing to expand gun rights, I proposed a policy to eliminate the tax on suppressors from $200 to $0. This would be more than $1.5 billion in tax savings for gun owners over the next 10 years.

“I am committed to the fight for full repeal under the NFA, as well as other long overdue reforms to unconstitutional restrictions on law-abiding gun owners.”

No Break For Homemade Silencers

Gun owners who want to make their suppressors via ATF Form 1 will still need to pay a $200 tax stamp fee. They will also still need to submit passport photos and fingerprints and undergo enhanced background checks. The waiting period for the ATF to complete its investigation will also remain necessary. The tax stamp fees for suppressors were the lesser of the issues that most gun owners had with buying suppressors. The most pressing issues remain.

The markup is due to be voted on Tuesday, and it is expected to pass. It will then go to the full house for a vote. After the vote, it will head to the floor of the House for a final vote before heading to the Senate. It is expected to pass the House. The Senate can then add back Section 2 of the HPA, which would rip out suppressors from the NFA. This option is a real possibility if gun owners apply enough pressure.

Almost all gun rights organizations supported the removal of suppressors from the NFA. The most prominent organizations that pushing for the HPA passage were the American Suppressor Association (ASA), Gun Owners of America (GOA), and the National Rifle Association (NRA). GOA launched a public pressure campaign that flooded Congressional phone lines.

“This isn’t a compromise, it’s a betrayal,” said GOA Senior Vice President Erich Pratt. “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.”

Not all hope is lost for gun owners. The Senate can still modify the bill to remove suppressors from the NFA. It will take pressure from all gun owners to remove the power of special interests trying to keep suppressors on the NFA.

JCT Description of AINS to WM Committee Report Green Sheet

HPA and SHORT Act Stalled in Committee, Last Chance for Gun Owners to Act

Sources Say Lobbyist Chris Cox & Rep Kustoff Pushing to Keep Suppressors on the NFA


About John Crump

John is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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TGP389

Congress knew that the NFA was unconstitutional, so they made it a tax. As it IS a tax, if the tax were reduced to zero, then I would argue that suppressors no longer are NFA items. Perhaps a lawsuit will resolve this for us.

safcrkr

NFA34 is a tax law. Tax laws must generate revenue to be constitutional. Suppressor registrations are far & away the most registered NFA item today, I don’t think there’s any discussion there. But $0 tax stamp per registration generates ZERO revenue. So now what?

Last edited 15 days ago by safcrkr
BK

John, we all know this is bs…how about mid-terms exlosion of conservatives..NOT Rhino repubs..WE The People have get this constitutional republic in line. It’s been taken advantage, by the crooks, for way too long!!..SWAMP DRAINAGE

xtphreak

What “Senate rules”?

A blanket statement that begs questioning, details please?

Jerry C.

At least when the Dems fuck us we expect it and can prepare. The Republicans just did us dry, hard, and without benefit of a reach-around…

Boz

The gop is as useless as the dnc.