Editor's Note: This article was updated on June 27, 2025, based on new information and details. It is a developing a story and we will continue to update it as it progresses.
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
20 Leave a Reply
1934 I'm assuming there was a different culture around firearms. I'm also assuming Hollywood did their part in stigmatizing 'Silencers' and SBRs in movies & theater.
It's real simple... The hearing protection act will never pass!!
The Republicans only want to be a very vocal powerless minority party... even when the Democrats lose elections, they still manage to run our government... every time the Republicans get majorities they cave to every Democrat issue... the Republican goal here is to be permanently, majority proof... they also make it where the incumbent wins the race every time, because there is no suitable challengers... the Democrats have wised up and are going to run Marxist candidates openly now... the Democrats are putting up a youth movement to take down their party elders, which is very attractive to most of their voters... The future does not look good after this election because their Republicans will never win another majority in our lifetime!!... and our second amendment will go the way of the dodo..
It's real simple... The hearing protection act will never pass!!
The Republicans only want to be a very vocal powerless minority party... even when the Democrats lose elections, they still manage to run our government... every time the Republicans get majorities they cave to every Democrat issue... the Republican goal here is to be permanently, majority proof... they also make it where the incumbent wins the race every time, because there is no suitable challengers... the Democrats have wised up and are going to run Marxist candidates openly now... the Democrats are putting up a youth movement to take down their party elders, which is very attractive to most of their voters... The future does not look good after this election because their Republicans will never win another majority in our lifetime!!... and our second amendment will go the way of the dodo..
This attitude is why the left keeps diminishing our rights, Republicans always settle while the left demands all.
Now under Trump & with both houses is the time to set this right!
I think they should eliminate the job of the BATFE for enforcement of anything. Let the states decide what will be allowed in that state and let the BATFE simply be a record sharing hub for states that have reciprocity with other states.
There is no reason for suppressors to be illegal. At one time they were sold in hardware stores in the United States. Someone just saw a way to add another tax and making it hard to get them, turned them into a novelty item that would make people want them more. As for protecting your hearing, yes and not. Subsonic ammo is made quiet enough to protect your hearing, but supersonic ammo even with a suppressor will damage your hearing. All it does is quiet the muzzle blast. Anyone who has used one for very long at one time on say an AR-15 probably noticed their ears ringing more than normal afterwards. This is no different than having mufflers on your car to lessen the noise. They should still be sold everywhere firearms are sold with no more paperwork than it takes to purchase a shotgun or ammo.
Exactly. I'll take any win we can get, even if it is partial. I've got a few and man those tax stamps add up quickly. The most annoying part is that we will still have to wait that agonizing length of time for approval. Last time I had a purchase in that realm it took about 9 to 10 months to process. I have a hard time believing that the stack of paperwork is THAT big. Then again...it could be. They should have moved some of the Federal workers that were laid off over to BATFE to process paperwork faster considering they seem to have a warehouse full of it.
A win is a win!
I’ll take the win of saving $200 even if I still have to fill out the ATF NFA form. Suppressors shouldn’t be an NFA or serialized item. However, IMHO, let’s not hold out for the ‘perfect’ legislation when we can get a law that is still better than the current one. In other words, something is still better than nothing.
Fair point Greg. I'm not sure even a group of enthusiasts could agree on perfect legislation but saving $200 would help!
Suppressors are legal in anti-gun UK.
Sure, as long as it's added to your firearms certificate.
F-ing suppressor lobbyists. You still have to pay 200 to build your own. What BS.
Feels like a sin tax.
"I don't mind the violation of my Rights, because now it is more convenient."
I'm glad you are not my representative in D.C....
"Shall not be infringed"?
Just fill out forms and pay taxes to an agency that is unconstitutional. Or buy a hunk of plastic, have a swat team shoot your dog and lawfare non-violent people because of illegal database collections instead of carrying out risky arrests of actual criminals.
Congress is afraid to do anything that will take away their good old boy get rich club.
I am not sure why some consider this a betrayal. It is a budget bill, not a firearms bill. They removed a punitive tax from a firearms accessory. As for dismantling, repealing, or hamstringing the NFA of 1934, This will require a bill of its own, or perhaps some action from the Supreme Court. I presently own a Rugged Oculus silencer for 22 LR. I do plan to buy at least two additional silencers in different calibers. Yes, I paid the $200 tax. The thing is, back when the law was passed $200 was a LOT of money. Today, it is a week's worth of groceries or maybe a night out. I made my purchase through a local dealer that has a kiosk system for doing the photo and fingerprints. The process was easy. I got my silencer within a few days. Not too long ago, this was a much more difficult process with wait times of months. Fingerprints required a trip to the local police station, the photograph meant a trip to a place that did passport photos, and the few dealers that processed these orders were not always as helpful as they could be. I am awaiting the passage of this bill, if it passes intact, to purchase my additional silencers. It would be wonderful of FA weapons would also see an ease in restrictions, but baby steps. Incidentally, my home state of Wisconsin has rescinded the decades long ban of switchblades. I now own several. Things change and you sometimes have to settle for what is possible. There are always those who wish to rule, and they always manage to find people who wish to be ruled.
Interesting take Neal, thanks for sharing. I can easily agree on the increased ease of the process these days. I recently used Silencer Central for a few new suppressors and didn't even have to leave the house!
I live in one of the dirty dozen (wa) and still waiting for any legislation that would actually help lawful gun owners in our state come down from the fed….i still can’t even buy a magpul sga stock for a mossberg 500.
That's rough Doc, hopefully things improve. We left California to better do this thing we enjoy.