United States 2nd Amendment Legal Cases and Law Discussion

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Article:
🚨BREAKING🚨

The House of Representatives passes GOA-backed language 215-214 to ELIMINATE the unconstitutional taxation & registration of suppressors under the NFA.

The bill heads to the Senate, where GOA will fight to include protections for short-barreled firearms too.


Article:
🚨UPDATE FROM @Rep_Clyde🚨

“One of my key priorities throughout this process has been restoring our constitutional 2A rights, which have been subjected to unconstitutional infringements for the last 90 years under the draconian NFA.

“The original bill text only removed the $200 transfer tax for suppressors. Now, the bill eliminates both the transfer and making tax for suppressors, as well as the registration.

“This is a massive 2A victory — one that takes important steps toward restoring our constitutional freedoms.

“Unfortunately, the bill does not eliminate the taxation and registration of SBRs, SBSs, and AOWs. Yet we CANNOT give up.

“Next, this legislation will move to the Senate, providing opportunities for additional positive changes. I’ll be working closely with Senate Republicans to add this provision, and I encourage folks to stay engaged on this matter as the budget reconciliation process moves forward.“

Thank you, Congressman, for securing gun owners this incredible victory and helping restore our long lost Second Amendment rights. We look forward to fighting alongside you in the Senate to also protect short-barreled firearms.


Looks like the SHORT Act isn't getting in this bill unless the Senate steps in.
 
Here's a good breakdown of the suppressor deregulation stuff:
Article:
What’s going on with the bill

The House has passed a bill that turns suppressors from NFA items into “regular” firearms. This would make buying a suppressor the same as buying a rifle or shotgun (as far as federal law is concerned — states could still have their own additional restrictions). The bill is now in the Senate. It will not get the 60 votes needed to defeat a filibuster, but because it’s part of a larger budget bill, it will be voted on under budget reconciliation rules which specify that only a simple majority (51 votes) is needed for the bill to pass.

The Senate’s Parliamentarian will give a non-binding opinion* on whether suppressor deregulation counts as budget reconciliation. That opinion will depend on her interpretation of the Byrd Rule, a Senate procedural rule defining the criteria for inclusion in reconciliation. The most relevant criterion here is that a bill must produce a change in outlays or revenues but not one “which is merely incidental to the nonbudgetary components of the provision”. So it comes down to whether the Parliamentarian finds that NFA is (as it was originally pitched) a tax that happens to come with draconian anti-gun punishments, or a draconian anti-gun punishment that happens to come with a tax.

(*The President of the Senate, i.e. the Vice President of the US, has can overrule the Parliamentarian. But the last time that happened is in 1975, and it’s seen as a nuclear option. Unknown whether JD Vance would go to bat quite that hard for silencers. A simple majority of senators can also vote to overrule the Parliamentarian, but that is also rare for similar escalation-spiral-avoidance reasons.)


The TL;DW is that the Senate can fuck it up by tweaking other parts of the bill and sacrificing the HPA as part of a back room deal, but legal challenges are inevitable if it passes:
 
HOLY SHIT - The Senate Republicans were incredibly based:

Article:
🚨 BREAKING: The Senate Finance Committee’s text for the One Big Beautiful Bill removes suppressors, short-barreled rifles, and short-barreled shotguns from the NFA tax scheme!

This is a major win for law-abiding Americans! ASA looks forward to working with members of Congress to ensure these items are removed from the NFA tax scheme once and for all!


Article:
SEC. 70436. ELIMINATION OF TAX ON CERTAIN DEVICES UNDER THE NATIONAL FIREARMS ACT

(a) DEFINITION OF FIREARM.—

(1) IN GENERAL.—Section 5845(a) is amended by striking the first sentence and inserting the following: ‘‘The term ‘firearm’ means a machinegun or a destructive device.’’.

(2) MODIFICATION OF TREATMENT OF SHOTGUNS.—Section 5845(f) is amended by striking ‘‘except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes’’ and inserting ‘‘except shotgun shells and any weapon that is designed to shoot shotgun shells’’.

(3) CONFORMING AMENDMENT.—Section 5811(a) is amended by striking ‘‘, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred’’.

(4) EFFECTIVE DATE.—The amendments made by this subsection shall apply to calendar quarters
beginning more than 90 days after the date of the enactment of this Act.

(b) TREATMENT OF CERTAIN DEVICES DETERMINED BY REFERENCE TO NATIONAL FIREARMS ACT.—Section 5841 is amended by adding at the end the following:

‘‘(f) REQUIREMENTS FOR SHORT-BARRELED RIFLES SHORT-BARRELED SHOTGUNS, AND OTHER WEAPONS DETERMINED BY REFERENCE.—In the case of any registration or licensing requirement under State or local law with respect to a short-barreled rifle, short-barreled shotgun, or any other weapon (as defined in section 5845(e)) which is determined by reference to the National Firearms Act, any person who acquires or possesses such rifle, shotgun, or other weapon in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any such registration or licensing requirement with respect to such rifle, shotgun, or other weapon.’’.
 
Whelp... Having looked into it, Assuming the SHORT act and HPA pass as written now, then I'll have to wait 90 days after it's passed for it to take affect. Then. I'm going to wait. Because I guarantee that Suppressors will be sold out fairly quickly. The SBR part, I'm less concerned about, just swap out your brace for a stock, and voila.
 
ShadowArxxy said:
I would imagine that suppressor stocks would be depleted quickly, but manufacturers will surely scale up production and in the long term they'd become much more popular and available at lower cost.

It's this lovely free-market-y thing.
Click to expand...
That's actually my hope and why I'm okay with waiting to purchase a suppressor. Right now, there's a sort of artificial scarcity driven by the NFA. When that changes, I'm expecting for prices to drop over time.
 
MarkWarrior said:
That's actually my hope and why I'm okay with waiting to purchase a suppressor. Right now, there's a sort of artificial scarcity driven by the NFA. When that changes, I'm expecting for prices to drop over time.
Click to expand...
Suppressors are super easy to make. We already have 80% suppressors floating around under the name "solvent traps". All you really need is a drill press or tuned 3D printer to make one.
 
bullethead said:
Suppressors are super easy to make. We already have 80% suppressors floating around under the name "solvent traps". All you really need is a drill press or tuned 3D printer to make one.
Click to expand...
I'm aware, But I don't trust a lot of solvent traps or myself to do it properly. So, I'll wait for the professionals to drop their prices.
 
MarkWarrior said:
That's actually my hope and why I'm okay with waiting to purchase a suppressor. Right now, there's a sort of artificial scarcity driven by the NFA. When that changes, I'm expecting for prices to drop over time.
Click to expand...
Likewise. I'm not going to go for an immediate purchase when suppressors are legalized; I'm going to wait for the market to adjust and restabilize, hopefully at substantially lower prices.

(I'm also hoping that with the SBR limits being axed as well, we'll see further evolution of integrally suppressed short setups. Currently, what's legal and available is like this one from YHM, but the only reason that setup specifically is built around a 10.5" barrel is to reach the 16" minimum not-SBR length when counting the permanently mounted suppressor. A "post-ban" version would be able to have an even shorter barrel combined with a truly integral suppressor like the famous MP5SD submachine guns have, as opposed to a discrete can that's only integral in the legal sense of being permanently mounted.)
 
The Whispering Monk said:
I want an integrally suppressed rifle for the 6.8 Blackout rounds...hearing protection is love.
Click to expand...

My personal preference is for the AR-15 oriented .300 Blackout over the AR-10 oriented 6.8 Blackout, but more broadly speaking I would fully expect that a post-ban world would see substantially greater development of "made for suppressor" calibers.

I'd definitely love to see integrally suppressed bolt-action rifles in large subsonic calibers, designed to simply offer a more comfortable hunting experience. Right now almost all the suppression-oriented calibers are very clearly oriented towards the military with civilian use secondary, simply because civilian suppression is so, well, *suppressed* that it's not a viable standalone market. That would change for the better without the ban.
 
image.png


All gun stuff has been nixed from the Reconciliation bill because it apperently violated the Byrd rule.


Edit: had this passes the house with Massies vote the vote would have been forced through and this act would have most likely passed the senate.

Now we would need 60 votes to make this happen.

So in the end, we can blame Massie for this act not being in the Reconciliation Bill, and all the Republicans in the house who DIDNT fight ti put DOGE cuts in it.

So way to Go Massie, way to stand up for constitutional rights.
 
Last edited:
Big Beautiful Bill Moves Forward with Zero Tax on Most NFA Items

Because getting clarification on this matter has been an utter pain in the ass, I might as well put it here for the curious.

I have to say, the only thing more annoying that the HPA and SHORT act getting removed from the bill is the massive pile-on by all the black-pilling retard screeching about uni-party and how 'nothing ever happens'.

To quote Brandon Herrera, 'Shut the FUCK up and take the win.'

Is it perfect? No. Do I like it? Also no. Will I be getting a silencer if this goes-through as-is? Eh... maybe? Part of my issue with the tax stamp was paying money to the fucking ATF, of all people, but...

Depends on how much my co-worker harasses me and how flush in cash I am later this year.

Anyways, the silver lining - beyond no longer giving the ATF thier danegeld - is that this opens up future lawfare to effectively strike NFA items from the registry entirely. After all, if you're paying 0$s for a tax, it's no longer a tax, it's a registry...

...and yeah, I know, I know. It's the ATF, they likely keep an illegal registry from gun purchases already. Still, I'll take what I can get. For now.
 
Here's some commentary by Open Source Defense:
Article:
Our estimates above work out to 540,000 silencers sold in 2024. Assume sales drop a bit in 2025, to account for the likelihood that the 2024 frenzy just pulled forward some sales instead of really being a new floor for the industry. So suppose we land at 500,000 silencers sold in 2025. A 20% bump on that with $0 tax stamps would mean 600,000 silencers sold in 2026. And it’s important to keep in mind that that’s not a one-off driven by a political scare or a buy-one-get-one-free sale. That’s a permanent 20% increase in baseline demand, year after year.

That “year after year” bit is key, because the market will evolve. This isn’t just a price change in a static market. There are new segments to open up.

Cheap silencers have had a really hard time justifying their existence. We can use the PED lens to guesstimate the numbers. For a $250 silencer, the $200 tax stamp increases the price by 80%. At a PED of -1, that means an 80% drop in demand. A generalization, but it illustrates that at some point the market just isn’t viable. When demand drops enough, you don’t have enough of a customer base to survive. Cheap silencers have been in that zombie mode since the passage of the NFA.


They are concerned about $0 tax stamps sucking the wind out of the sails of getting stuff off the NFA entirely, which is a big thing that I hope the 2A crowd can get done during the Trump admin.
 
We got the NFA tax down to $0, but haven't eliminated the NFA registration process:

Article:
🚨BREAKING🚨

The U.S. House votes to reduce the unconstitutional NFA tax on suppressors, short-barreled firearms, and any other weapons from $200 to $0.

“The One Big Beautiful Bill passed by Congress and sent to President Trump’s desk includes a $200 million annual tax cut for gun owners. While we fought hard on behalf of millions of Americans for full removal of suppressors and other items from the NFA tax scheme, this outcome is a critical step in our plan to dismantle the NFA once and for all. We will not stop fighting until that goal is achieved,” said Knox Williams, ASA President and Executive Director
 
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