Second Amendment Roundup: Removing Silencers from the NFA

As passed by the House, the FY25 reconciliation bill, H.R. 1, § 112029, would amend the National Firearms Act (NFA), by striking “any silencer” from the definition of “firearm.” It also provides that “there shall be levied, collected, and paid on firearms” transferred or made a tax of certain amounts on various firearms, including “$0 for each firearm … in the case of a silencer.”  The effect would remove silencers from taxation and registration under the NFA, which is chapter 53 of the Internal Revenue Code.  The bill is now pending in the Senate.

Opponents wrote a letter on June 5 to Mike Crapo, Chairman, Senate Committee on Finance, and Chuck Grassley, Chairman, Senate Committee on Judiciary, seeking to strike the amendment, which would “eliminate excise taxes on firearm silencers and remove their regulatory structure under the National Firearms Act (NFA)….”  It asserts that the amendment violates the Congressional Budget Act – know as the “Byrd Rule” – under which “non-budgetary provisions cannot be included in reconciliation legislation.”  It also makes policy arguments not relevant to that issue.

The pertinent provision of the Byrd Rule provides that a reconciliation bill “shall be considered extraneous if such provision does not produce a change in outlays or revenues….”  2 U.S.C. § 644(b)(1)(A).  Yet the only effect of the amendment would be to produce a change in revenues, by lowering revenues.  The cur

Read More

Article from Reason.com

Reason Magazine

The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.