Second Amendment Roundup: Removing Silencers from the NFA

Published: Friday, June 13, 2025 at 1:51 am

**House Bill Could Remove Silencers from Federal Tax and Registration**

Washington, D.C. - A bill passed by the House of Representatives, H.R. 1, 112029, is currently under consideration in the Senate. The legislation proposes to amend the National Firearms Act (NFA) by removing silencers from the definition of "firearm." This change would eliminate the current tax and registration requirements for silencers under the NFA, which falls under the Internal Revenue Code.

Opponents of the amendment, including a letter sent to Senate committee chairmen, argue that the proposal violates the "Byrd Rule," a provision of the Congressional Budget Act. The Byrd Rule prevents non-budgetary provisions from being included in reconciliation legislation. The letter contends that the amendment is extraneous because it would eliminate excise taxes on silencers and remove their regulatory structure.

The Byrd Rule specifies that a provision is considered extraneous if it does not impact government outlays or revenues. However, the proposed amendment would directly affect revenue by eliminating the $200 tax on the transfer or manufacture of silencers.

The debate also includes policy arguments. Critics suggest that silencers were included in the NFA due to concerns about their potential for misuse, citing instances of their use in crimes. They also claim that a significant number of silencers were recovered from violent crime scenes in 2023. Senate Minority Leader Chuck Schumer is reportedly leading the opposition in the Senate.

However, proponents argue that the amendment is permissible under the Byrd Rule because it directly affects revenue. They also point out that silencers are already subject to regulations under the Gun Control Act (GCA), including background checks and prohibitions on possession by felons. Furthermore, they cite Supreme Court precedent, specifically the *Sonzinsky v. United States* case, which established that the NFA is primarily a revenue measure. The court has held that the NFA is a taxing measure and that the court will not speculate on any reasons why Congress might have taxed certain firearms.

BNN's Perspective:

This bill highlights the ongoing debate surrounding gun control and taxation. While the arguments against the amendment raise valid concerns about the potential for misuse of silencers, the legal arguments supporting the bill's compliance with the Byrd Rule appear strong. The focus should be on ensuring that any changes to firearm regulations are carefully considered and do not undermine public safety.

Keywords:
National Firearms Act, NFA, silencers, firearms, taxation, Byrd Rule, Gun Control Act, GCA, revenue, Senate, House, legislation, amendment, Sonzinsky v. United States, excise tax, background checks, Chuck Schumer, Mike Crapo, Chuck Grassley

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