This week, the Senate Finance Committee unveiled its section of the budget bill. In it, they included language that goes even further toward what gun-rights activists were hoping to see. It would, in effect, partially repeal the National Firearms Act of 1934 (NFA).
That’s because Senate Republicans added short-barrel rifles and shotguns as well as “any other weapons” to the NFA delisting effort that already included silencers. Of course, this big swing is not without the risk that gun-rights activists will take a hit on the backswing down the line. I explain the risks, and why gun-rights activists likely view them as acceptable, in a piece for members. And I also give an update on where Senators currently stand on the bill.
Contributing Writer Jake Fogleman also breaks down the first post-Bruen Second Amendment challenge to the federal gun free school zones act. And reporter Benjamin Owen details the Department of Justice’s new brief in a lawsuit against Illinois’s AR-15 ban.
Plus, the American Suppressor Association’s Knox Williams joins the podcast to explain why the gun-rights group coalition pushing NFA repeal thinks it will survive Senate reconciliation rules. The links down at the end also have lots of fascinating stories from outside The Reload, including an update on the tragic and confused shooting at a “No Kings” protest over the weekend.
Senate Moves to Delist Silencers, Short-Barrel Shotguns and Rifles from NFA in Budget Bill
By Stephen Gutowski
The first draft of the Senate Finance Committee’s budget reconciliation bill expands Republicans’ efforts to partially repeal the National Firearms Act (NFA) of 1934.
The text of the bill, which Chairman Mike Crapo (R., Idaho) released on Monday, includes a provision that would completely remove silencers as well as short-barrel rifles and shotguns from the NFA. That would eliminate the $200 federal tax on those devices and the requirement that owners register them with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The bill would also remove an NFA category called “any other weapon” and exclude shotguns from the definition of still-regulated “destructive devices.”
House Republicans included a similar provision in their version of the budget bill, which the chamber passed late last month.
Click here to continue reading.
Analysis: The Risks for Gun-Rights Advocates in Partial NFA Repeal Effort [Member Exclusive]
By Stephen Gutowski
The race to roll back the National Firearms Act of 1934 (NFA) took a leap forward this week, but the push isn’t without potential drawbacks for its supporters.
On Monday, the Senate Judiciary Committee released the text of its section of the budget bill. In it, Republicans granted the wishes of gun-rights activists and expanded on the House text. It incorporated short-barrel shotguns and rifles as well as “any other weapons” (think umbrella or cane guns) into the NFA delisting attempt.
We’ve covered why going after the NFA through budget reconciliation is likely the best shot advocates have at success anytime soon, but it’s important to understand the risks in the strategy, too. Both the short-term dangers of the language that made it into the Senate text and the long-term risks of the overall strategy.
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Federal Appeals Court Upholds Gun Free School Zones Law
By Jake Fogleman
The federal government may legally disarm at least some gun owners on or near school property.
That was the unanimous holding of a three-judge Fifth Circuit Court of Appeals panel on Monday. The panel upheld the conviction of a man charged with violating the Federal Gun Free School Zones Act by possessing an AR-15 in a vehicle he was living in 40 feet from a private catholic school. It ruled that the modern buffer zone around schools comported with historical analogues dating back nearly 700 years in England that prohibited possessing firearms in a manner that might “terrify the People.”
“The ‘why and how’ of 18 U.S.C. § 922(q)(2)(A), as applied to Allam, are ‘consistent with the principles that underpin our regulatory tradition,’” Judge Cory T. Wilson wrote in US v. Allam. “Put differently, ‘taken together,’ the historical analogues offered by the Government ‘establish that our tradition of firearm regulation supports the application of [§ 922(q)(2)(A)] to [Allam].’”
DOJ Says AR-15s, Ammo Magazines Protected by Second Amendment in Seventh Circuit Brief
By Benjamin Owen
The Department of Justice (DOJ) just urged the Seventh Circuit Court of Appeals to strike down Illinois’s “assault weapon” and magazine restrictions.
In a brief filed late last week, the DOJ asked the court to extend Second Amendment protections to ammunition magazines, AR-15s, and other firearms targeted by the state’s ban. The DOJ argued the court should reverse its previous analysis upholding the state’s ban on what it labelled “militaristic“ weapons in 2023’s Bevis v. City of Naperville. The brief said the appeals court should instead side with the district court that initially blocked the law.
“Because the Act is a total ban on a category of firearms that are in common use by law-abiding citizens for lawful reasons, it is flatly unconstitutional,” the DOJ wrote in its amicus brief in Barnett v. Raoul. “This Court should affirm the district court’s injunction.”
Podcast: Inside the Senate Silencer Deregulation Fight (ft. American Suppressor Association’s Knox Williams)
By Stephen Gutowski
This week, we’re taking a deep dive into the fight over using reconciliation to delist silencers from the National Firearms Act (NFA).
The House included a provision to eliminate the tax on firearm silencers/suppressors and one to completely remove them from the NFA’s purview. But that wasn’t without controversy, and the Senate is now taking up the bill. That’s why we’ve got Knox Williams, the head of the American Suppressor Association, on the show to update us on where things are headed.
You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is available on our YouTube channel.
Plus, Contributing writer Jake Fogleman and I talk about new rulings out of the Fifth Circuit upholding a lifetime gun ban for someone who committed a traffic crime and the Second Circuit against a white collar criminal. We also provide new reporting on the ATF’s recent use of masked agents to conduct operations. Finally, we update everyone on a new concealed carry reciprocity agreement between Pennsylvania and Virginia before covering some big stories from outside of The Reload.
Where Senators Stand on Silencer Deregulation in Reconciliation [Member Exclusive]
By Stephen Gutowski
The House included a silencer tax cut and deregulation provision in its version of the reconciliation bill earlier this month.
The bill would repeal the $200 federal tax required for each silencer transaction and remove the sound-suppressing devices from the National Firearms Act’s (NFA) definition of “firearm.” That would mean those who buy them would no longer need to register their silencers with the Bureau of Alcohol, Tobacco, Firearms, and Explosives or submit their picture and fingerprints to the agency–though they would still need to complete a National Instant Criminal Background Check System check under the Gun Control Act.
The bill has now moved to the Senate, where the strict rules governing reconciliation will determine whether the silencer provisions make it through to the end. The Reload spoke to half a dozen sources with knowledge of how the bill is shaping up and reached out to every Senate office to determine where things stand today.
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Outside The Reload
New video of Salt Lake City protest shooting appears to contradict police | Fox13 | By Nate Carlisle
Milei authorises sale of semi-automatic and assault weapons to civilians | Buenos Aires Times
Austria plans to tighten gun control rules after school shooting | Reuters | By Staff
That’s it for this week in guns.
I’ll see you all next week.
Thanks,
Stephen Gutowski
Founder
The Reload
