Hearing protection act (suppressors) introduced

[spike camp]

It sounds like the $200 tax stamp on suppressors, SBRs, SBSs, and AOWs is going away on January 1, 2026. I would hate to be on the team responsible for processing stamp applications at the beginning of the new year.

Don’t wait if you’re going to buy a can.
It’s not worth $200 for the inevitable back log and sold out products across the board.

 

[9.1]

Don’t wait if you’re going to buy a can.
It’s not worth $200 for the inevitable back log and sold out products across the board.

I'm more interested in a stack of $0 Form 1's to tinker with in the shop.

 

[pacoalcracker]

wont be long before the suppressor is no longer a NFA item. BATFE will no longer make any money on the tax stamp so do you think they are going to go thru the trouble and staff needs to register suppressors? I think not, plus now DOGE could attack them for wasting taxpayer money. once that happens suppressors will go down to $250 as every machine shop in the country will be rolling them out.

 

[mt terry d]

DOGE was a wet, although well intentioned, dream.

The SWAMP abides.

 

[nettereo16]

wont be long before the suppressor is no longer a NFA item. BATFE will no longer make any money on the tax stamp so do you think they are going to go thru the trouble and staff needs to register suppressors? I think not, plus now DOGE could attack them for wasting taxpayer money. once that happens suppressors will go down to $250 as every machine shop in the country will be rolling them out.

Bureaucrats have never been in the business of making money, only hassling productive well-intentioned people

Suppressors won't be removed from the NFA out of the kindness of BATFE, but we might get a successful court challenge or something out of the Executive that helps us out. GOA already filed a suit that with the $0 tax, it creates a defacto registry which breaks the 1986 FOPA

 

[fwafwow]

It becomes a registry, which I believe is not legal.
Lawsuits have already been filed.

Can you provide a link? (Not being snarky - I just want to see the complaint.)

wont be long before the suppressor is no longer a NFA item. BATFE will no longer make any money on the tax stamp so do you think they are going to go thru the trouble and staff needs to register suppressors? I think not, plus now DOGE could attack them for wasting taxpayer money. once that happens suppressors will go down to $250 as every machine shop in the country will be rolling them out.

Is DOGE still operating? If they are and they go after this situation, it will IMHO just be further proof that it wasn't (or isn't) serious. ("$1T proposed Pentagon budget? Cool. Shuffle some paperwork with vs without $200 fee? Not efficient!")

Bureaucrats have never been in the business of making money, only hassling productive well-intentioned people

Suppressors won't be removed from the NFA out of the kindness of BATFE, but we might get a successful court challenge or something out of the Executive that helps us out. GOA already filed a suit that with the $0 tax, it creates a defacto registry which breaks the 1986 FOPA

As with the above question, I can't confirm this. The GOA site has a 7/3 press release saying that such a suit is going to be filed, and I found a Newsweek article that said it was filed, but I can't seem to get my hands on the complaint. (I doubt it has actually been filed, as the law was signed yesterday, and I doubt any courts were open.)

DOGE was a wet, although well intentioned, dream.

The SWAMP abides.

I'd like to think the idea was backed by good intentions, but it seems that the more time passes, the more I realize I've been hoodwinked or fallen for propaganda. Now I'm wondering if this was just another example.

 

[HandgunHTR]

Can you provide a link? (Not being snarky - I just want to see the complaint.)

As with the above question, I can't confirm this. The GOA site has a 7/3 press release saying that such a suit is going to be filed, and I found a Newsweek article that said it was filed, but I can't seem to get my hands on the complaint. (I doubt it has actually been filed, as the law was signed yesterday, and I doubt any courts were open.)

I also assume the actual suit has not been filed yet. Both the GOA and the ASA press releases state that they "will be filing", not that they already have filed.

 

[nettereo16]

As with the above question, I can't confirm this. The GOA site has a 7/3 press release saying that such a suit is going to be filed, and I found a Newsweek article that said it was filed, but I can't seem to get my hands on the complaint. (I doubt it has actually been filed, as the law was signed yesterday, and I doubt any courts were open.)

Found it, says filed 07/04/2025 (which is the day the bill was signed and this is referenced in the filing though I'm not sure how it could be filed on a holiday): https://www.gunowners.org/wp-content/uploads/GOA-One-Big-Beautiful-Lawsuit.pdf

There are a number of co-plaintiffs (PSA, SilencerCo, SilencerShop but interestingly enough, not SilencerCentral lol)

If there are any lawyers here that can summarize what we're looking at that would be awesome

 

[nettereo16]

But the NFA no longer imposes any tax on the vast majority of firearms it purports toregulate. The One Big Beautiful Bill Act, which Congress and the President enacted on July 4,2025, zeroes the manufacture and transfer tax on nearly all NFA-regulated firearms. That meansthe constitutional foundation on which the NFA rested has dissolved. See, e.g., United States v.Constantine, 296 U.S. 287, 295 (1935) (provision that does not generate revenue cannot bejustified as a tax). And the NFA cannot be upheld under any other Article I power. With respectto the untaxed firearms, the Act is now unconstitutional

 

[BigDuckHunter]

DOGE was a wet, although well intentioned, dream.

The SWAMP abides.

DOGE was successful in saving tens of billions of dollars. The problem is there are FAR too many pet programs that legislators refuse to give up that are spending trillions of dollars. Farmers, green energy companies, wildlife/nature, social security, food subsidies, defense spending, Medicare/medicaid…. The list goes on and on.

wont be long before the suppressor is no longer a NFA item. BATFE will no longer make any money on the tax stamp so do you think they are going to go thru the trouble and staff needs to register suppressors? I think not, plus now DOGE could attack them for wasting taxpayer money. once that happens suppressors will go down to $250 as every machine shop in the country will be rolling them out.

The problem is they can’t just decide whether or not they want to go through the trouble. There are laws that say that’s what has to happen. Now, we will make the argument that it’s not a legal tax anymore considering the government isn’t collecting money based on the ruling in Sonzinsky vs US but I still feel that there less than 50% chance we win.

 

[fwafwow]

Found it, says filed 07/04/2025 (which is the day the bill was signed and this is referenced in the filing though I'm not sure how it could be filed on a holiday): https://www.gunowners.org/wp-content/uploads/GOA-One-Big-Beautiful-Lawsuit.pdf

Thanks. The law isn't even in effect yet, so I don't see how it is "ripe" for a lawsuit.

The complaint was interesting, but it's just the opening of one side. The answer will make this more interesting. IMHO.

 

[HandgunHTR]

Thanks. The law isn't even in effect yet, so I don't see how it is "ripe" for a lawsuit.

The complaint was interesting, but it's just the opening of one side. The answer will make this more interesting. IMHO.

The ASA, along with the NRA, the Firearms Policy Coalition, and the 2nd Amendment Foundation plan to file a lawsuit of their own. I would bet that they plan to challenge on similar, but different, grounds so as to approach this from multiple angles.

 

[fwafwow]

The ASA, along with the NRA, the Firearms Policy Coalition, and the 2nd Amendment Foundation plan to file a lawsuit of their own. I would bet that they plan to challenge on similar, but different, grounds so as to approach this from multiple angles.

I’m not sure what similar but different can be - there has to be a constitutional argument, and there are only so many. My cynical view is that anything filed before 1/1/26 is a PR ploy to get donations.

 

[nettereo16]

I’m not sure what similar but different can be - there has to be a constitutional argument, and there are only so many. My cynical view is that anything filed before 1/1/26 is a PR ploy to get donations.

The two angles I see
1. United States v. Constantine 1934 - SCOTUS upheld the NFA as a revenue-generating tax. This is what the GOA filing focuses on
2. FOPA 1986 - banned any centralization of a federal registry - the revised $0-tax NFA is now ONLY a federal registry, whereas previously NFA ownership information was used to manage the tax collection

The BBB has been signed into law, the NFA provision changes go into effect 1/1/26 - I'm honestly not sure if GOA and others have standing prior to Jan 1 or not. You might be right

 

[BRTreedogs]

I think if it goes to $0 zero they will lay everybody off except one person so they can claim there providing an avenue and that person will get thru about 200 stamp per year and the wait time will go to 10 years.

I’d rather pay the money and get one week approvals.

Or just otc sales. But I’d bet hell freezes over before that happens.

 

[HuntHarder]

I'd like to think the idea was backed by good intentions, but it seems that the more time passes, the more I realize I've been hoodwinked or fallen for propaganda. Now I'm wondering if this was just another example.

Which part of Doge do you feel you were "hoodwinked" on? Seems like many that are vehemently opposed to Doge say they cut "too much." Some say they haven't cut enough yet. Just curious on what you think?

 

[fwafwow]

I appreciate the discussion.

The two angles I see
1. United States v. Constantine 1934 - SCOTUS upheld the NFA as a revenue-generating tax. This is what the GOA filing focuses on

I took a quick look at the Constantine case and it didn't involve the NFA. It involved an excise tax on liquor, and I don't see (but could be persuaded otherwise) that it says what is in the complaint - at least as succinctly or as conclusively as is cited (and not on the cited page - 295). To me, the best that case can offer is that it relates to whether something that is called a tax is really a penalty. And here, if the tax is reduced to $0, I don't see how that issue is relevant.

2. FOPA 1986 - banned any centralization of a federal registry - the revised $0-tax NFA is now ONLY a federal registry, whereas previously NFA ownership information was used to manage the tax collection

I will look at this. I've not spent any time and only have heard of the restriction on a registry, which makes me wonder if there is nuance that is overlooked in popular press statements about it.

The BBB has been signed into law, the NFA provision changes go into effect 1/1/26 - I'm honestly not sure if GOA and others have standing prior to Jan 1 or not. You might be right

The standing issue is separate - which is why I imagine one of the plaintiffs is an individual - but the complaint does address the standing of the organizations. Not sure if those are persuasive, but at least they raised the issue. The complaint doesn't mention ripeness, which is interesting.

 

[HuntHarder]

I think if it goes to $0 zero they will lay everybody off except one person so they can claim there providing an avenue and that person will get thru about 200 stamp per year and the wait time will go to 10 years.

I’d rather pay the money and get one week approvals.

Or just otc sales. But I’d bet hell freezes over before that happens.

0$ money from stamps go toward funding the Atf's daily operations. Why would they reduce their staffing when the number of applications are surely to rise exponentially?

 

[BRTreedogs]

0$ money from stamps go toward funding the Atf's daily operations. Why would they reduce their staffing when the number of applications are surely to rise exponentially?

Because no money.
The government is a business you know.

Usually when businesses income drops they reduce size or shut down.

They can effectively toss a hissy fit and “do there job” but not do it well.

Effectively punishing the American people.

 

[Bluefish]

I think if it goes to $0 zero they will lay everybody off except one person so they can claim there providing an avenue and that person will get thru about 200 stamp per year and the wait time will go to 10 years.

This could also lead to the nfa requirement being overturned. If it becomes a long delay, then we the people are being denied our arms. That is unconstitutional as well. Although I am sure a liberal court will simply say, you still get the arm, it’s ok.